Rockland Town City Zoning Code
ARTICLE IV
Special Uses and Site Plan Review
§ 185-17 Special use and site plan review procedures.
[Amended 1-19-2017 by L.L. No. 1-2017]
The Town of Rockland Planning Board is authorized, in accordance with §§ 274-a and 274-b of the New York State Town Law, to review and approve, approve with modifications or disapprove special uses and site plans connected therewith. Site plan review shall be required for all special uses, major impact uses, and any change of use (to another principally permitted use) or an increase in intensity of the same use or conversion of a site or building that is likely to result, as determined by the Code Enforcement Officer, in changes or impacts to the site and/or surrounding neighborhood, such as, but not limited to, an increase in parking or traffic. The following procedures shall apply:
A.
Conceptual site plan. An applicant for a special use permit shall submit a conceptual site plan for review and advice by the Planning Board. Such a conceptual site plan shall provide locations and dimensions of the proposed use in relation to the property boundaries and adjacent uses. It shall also indicate all accesses, rights-of-way and improvements both existing and proposed and any site features which could have a bearing on the project, including the general topography and existing ground cover. This conceptual plan shall be used by the Planning Board as a basis for advising the applicant regarding information it shall require on the site plan before it conducts a public hearing or takes any action with respect to the plan. It shall also be used for arranging and conducting a site inspection of the property if warranted and determining if a basic or full SWPPP will be required. The Planning Board shall give no formal final approval or disapproval regarding any conceptual site plan but may use it to schedule a public hearing, determine if any provisions of this article should be waived or begin its review of the application under the New York State Environmental Quality Review Act (SEQR). This shall not preclude the Planning Board from holding an additional hearing on a site plan if major changes are involved. No advisory opinions given regarding a conceptual site plan shall be considered valid beyond one year from the time given or used to claim any vested rights hereunder at any time.
B.
Application and site plan required. The Planning Board shall be under no obligation to schedule a public hearing or take any action with respect to a special use permit application until formal application has been made on forms approved by the Board and a detailed site plan providing the following information has been submitted:
(1)
The location of all existing watercourses, wooded areas, rights-of-way, roads, structures or any other man-made or natural feature(s).
(2)
The location, use and floor or ground area of each proposed building, structure or any other land use, including sewage disposal and water supply systems.
(3)
The location of all landscaping and ground cover features, both existing and proposed, including detailed planting plans and a visual depiction or rendering of the final appearance of the property after all landscaping and other physical improvements are completed.
(4)
The location, dimensions and capacity of any proposed roads, off-street parking areas or loading berths, including typical cross-sections for all paving or regrading involved.
(5)
The location and treatment of proposed entrances and exits to public rights-of-way, including traffic signals, channelizations, acceleration and deceleration lanes, widenings or any other measure having an impact on traffic safety conditions.
(6)
The location and identification of existing and proposed open spaces, parks or other recreation areas.
(7)
The location and design of buffer areas and screening devices to be maintained.
(8)
The location of trails, walkways and all other areas proposed to be devoted to pedestrian use.
(9)
The location of public and private utilities, including maintenance facilities.
(10)
The specific locations of all signs existing and proposed, including a visual depiction of the latter.
(11)
Preliminary architectural plans for the proposed buildings or structures, indicating typical floor plans, elevations, height and general design or architectural styling.
(12)
A completed SEQR environmental assessment form.
(13)
Any other information required by the Planning Board which is reasonably necessary to ascertain compliance with the provisions of this chapter.
(14)
A description and calculation of the proposed disturbance area for determination of SWPPP requirements. Proposed areas of disturbance shall be drawn to scale and quantified in support of applicable SWPPP requirements. If an SWPPP is required, the applicant shall submit the following to the Planning Board for review:
(a)
A full or basic SWPPP as required by New York State DEC or § 185-30.1 of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]
(b)
A certified copy of a completed NOI, signed by the applicant and certified by the applicant's professional representative.
(c)
A copy of the New York State DEC reply to the NOI (the notice to proceed) if issued.
C.
Waivers. The Town of Rockland Planning Board shall, pursuant to § 274-a, Subdivision 5, and § 274-b, Subdivision 5, of the Town Law, have the right to waive, when reasonable, any of the requirements of this article for the approval, approval with modifications or disapproval of special use permits and site plans submitted for approval. This waiver authority may be exercised in the event any such requirements are found not to be requisite in the interest of the public health, safety, or general welfare or are inappropriate to a particular site plan. Any such waiver shall be subject to the following conditions:
(1)
No waiver shall result in allowing a use not permitted within the applicable zoning district.
(2)
No waiver shall be given with respect to standards outside the scope of this article which would otherwise require a variance from the Zoning Board of Appeals.
(3)
Waivers shall be limited to those situations where the full application of the requirements contained herein would generate unnecessary data and create unnecessary costs with regard to deciding the matter at hand, due to the scope or nature of the project involved. The proposed enclosure of a deck or a simple change of use with no significant structural modifications in the case of a commercial property, for example, might not require typical cross sections for proposed regrading or water supply data.
(4)
An applicant for site plan approval who desires to seek a waiver of certain of the above-referenced requirements pertaining to such applications shall submit a conceptual site plan as provided above. The Planning Board shall review the conceptual site plan, advise the applicant as to potential problems and concerns and determine if any additional site plan information is required. The Planning Board shall consider such site plan as adequate when, in its judgment, the information submitted is sufficient to make a determination of compliance with the development standards contained herein and the intent of site plan review criteria found below.
(5)
Nothing herein shall authorize the Planning Board to waive State Environmental Quality Review requirements.
D.
Hearing and decision. The Planning Board shall fix a time, within 62 days from the day a complete application for a special use permit or site plan approval is received, for the hearing of any matter referred to under this section. It shall give public notice of such hearing at least five days prior to it in a newspaper of general circulation in the Town and decide upon the application within 62 days after the close of such hearing. It shall not, however, do so before a decision has been made with respect to environmental impacts pursuant to SEQR. The Planning Board shall be the lead SEQR agency on all special use applications. The decision of the Planning Board shall be filed in the office of the Town Clerk and a copy thereof mailed to the applicant within five business days after such decision is rendered.
E.
Conditions. The Planning Board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed special use permit or site plan. Upon approval of said permit and/or plan any such conditions shall be met prior to the actual issuance of permits by the Town. These conditions may include requirements of the applicant to provide parkland or to provide fees in lieu thereof pursuant to § 274-a, Subdivision 6, of the New York State Town Law.
F.
Referrals. The Planning Board is authorized to refer special use permit applications and site plans to other agencies, groups or professionals employed or used by the Town for review and comment and to charge the applicant fees for any reasonable expenses connected therewith. The Board shall, in particular, ensure that the requirements of § 239-m of the General Municipal Law regarding review by the Sullivan County Planning Department and § 283-a of the New York State Town Law regarding agricultural data statements are met. It shall also comply with all requirements of the New York State Environmental Quality Review Act.
G.
Appeals. Any person aggrieved by any decision of the Planning Board may apply to the Supreme Court for review by a proceeding under Article 78 of the Civil Practice Law and Rules.
H.
Effect of site plan approval. The site plan as approved by the Planning Board shall be binding upon the applicant. Any changes from the approved plan shall require resubmission and reapproval by the Planning Board. The site plan shall remain effective for a period of two years from the date of approval.
§ 185-18 Site plan review criteria.
A.
The Planning Board, in reviewing the site plan, shall consider its conformity to the Town of Rockland Comprehensive Plan and the various other plans, laws and ordinances of the Town. Conservation features, aesthetics, landscaping and impact on surrounding development as well as on the entire Town shall be part of the Planning Board review. Traffic flow, circulation and parking shall be reviewed to ensure the safety of the public and of the users of the facility and to ensure that there is no unreasonable interference with traffic on surrounding streets. The Planning Board shall further consider the following:
(1)
Building design, lighting, location and signs insofar as suitability for the use intended and impact on and compatibility with the natural and man-made surroundings.
(2)
Storm drainage, flooding and erosion and sedimentation control.
(3)
Adequacy of community services and utilities, including police protection, emergency services and the educational system.
(4)
Environmental impacts in any form.
(5)
Impacts on housing availability.
(6)
The potential for nuisance impacts such as noise, odors, vibrations or glare.
(7)
The adequacy of the trees, shrubs and other landscaping to buffer or soften a use in terms of visual or other impacts on adjoining property owners, Town residents and those visitors on whom the local economy often depends.
(8)
Impacts on nearby property values.
(9)
Any other factors which reasonably relate to the health, safety and general welfare of present or future residents of the Town of Rockland.
B.
The Planning Board, in acting upon the site plan, shall also be approving, approving with modifications or disapproving the accompanying special use permit application taking into consideration not only the criteria contained above but also the following:
(1)
Whether the proposed use will result in an overconcentration of such uses in a particular area of the Town or is needed to address a deficiency of such uses. The Board shall, in this regard, consider the suitability of the site proposed for a particular use as compared to the suitability of other sites in the immediate area.
(2)
Whether the proposed use will have a detrimental or positive impact on adjacent properties or the health, safety and welfare of the residents of the Town of Rockland.
(3)
If the proposed use is one judged to present detrimental impacts, whether an approval could be conditioned in such a manner as to eliminate or substantially reduce those impacts.
(4)
Whether the use will have a positive or negative effect on the environment, job creation, the economy, housing availability or open space preservation.
(5)
Whether the granting of an approval will cause an economic burden on community facilities or services, including but not limited to highways, sewage treatment facilities, water supplies and firefighting capabilities. The applicant shall be responsible for providing such improvements or additional services as may be required to adequately serve the proposed use and any approval shall be so conditioned. The Town Planning Board shall be authorized to demand fees in support of such services where they cannot be directly provided by the applicant. This shall specifically apply to, but not be limited to, additional fire-district expenses.
(6)
Whether the site plan indicates the property will be developed and improved in a way which is consistent with that character which this chapter and the Town's Comprehensive Plan are intended to produce or protect, including appropriate landscaping and attention to aesthetics and natural feature preservation.