Rosendale City Zoning Code
ARTICLE VII
Administration
§ 75-38 Enforcement.
A.
This chapter shall be enforced by the Building Inspector, who shall be appointed by the Town Board in the same manner and with the same powers as now or hereafter practiced or provided under the Building Code.
B.
No building permit or certificate of occupancy shall be issued by the Building Inspector, and no permit or license for any purpose shall be issued by any official of the Town, if the same would be in conflict with the provisions of this chapter.
§ 75-39 Building permit and certificate of occupancy.
A.
No building or structure shall be erected, added to or structurally altered until a permit therefor has been issued by the Building Inspector, in accordance with the provisions of the Building Code.
B.
All applications for building permits shall be accompanied by two copies of a plot plan, drawn to scale and accurately dimensioned, showing the location of all existing and proposed buildings and structures on the lot, and such other information as may be required by the Building Inspector to determine compliance with this chapter.
C.
No land shall be used or occupied, and no building or structure hereafter erected, altered or extended shall be used or changed in use, until a certificate of occupancy shall have been issued by the Building Inspector in accordance with the provisions of the Building Code, if any.
D.
All certificates of occupancy for new or altered buildings or structures shall be applied for coincident with the application for a building permit. Such certificate of occupancy shall be issued within 10 days after the erection or alteration shall have been approved as complying with the provisions of this chapter.
§ 75-40 Planning Board: site plan review; special permits; advisory opinions.
A.
Powers and duties.
(1)
In addition to those other powers and duties assigned to it by law, the Planning Board is hereby empowered to perform the following functions:
(2)
All resolutions or official actions of the Planning Board shall require the concurring vote of a majority of the Board.
B.
Special permits. Pursuant to an application, the Planning Board is hereby authorized to issue special permits for uses specifically listed as eligible for such a permit in Article III, Use Regulations, in the district in which it is proposed, subject to the following regulations and procedures:
(1)
Application. Each application for a special permit shall be submitted in duplicate to the Planning Board, either directly or via the Building Inspector, on a form provided by the Board and accompanied by the fee established therefor. A site plan, including all data set forth in Subsection C below, shall also accompany the application.
(2)
Public notice and hearing.
(a)
Public hearing schedule. The Planning Board shall schedule a public hearing to be held within 62 days of receipt of a complete application for a special permit.
(b)
Hearing notice. Notice of the public hearing shall be published in the official newspaper of the Town at least 10 days prior to the date of such hearing. In addition, the Planning Board shall cause notice of such hearing to be mailed to the applicant and to all property owners within 200 feet of the subject property at least 10 days prior to the public hearing. Such notices shall be sent to the owner's last known address as shown on the most recent Town tax records.
(c)
Referral to County Planning Board. The application for a special permit shall also be referred at least 10 days before the public hearing to the Ulster County Planning Board if the location of the subject property requires referral in accord with §§ 239-l and 239-m of the General Municipal Law.
(3)
Decision and findings.
(a)
Criteria for decisions. The Planning Board shall only approve the issuance of a special permit if it finds that the criteria set forth in § 75-28 have been met.
(b)
Findings and conclusions.
[1]
Within 62 days after the public hearing, the Planning Board shall render its decision as to whether to issue the special permit and shall make a written report setting forth its findings and conclusions and the basis for its decision.
[2]
The decision of the Board shall be filed within five business days with the Town Clerk and a copy thereof mailed to the applicant.
(c)
Additional conditions. When issuing a special permit, the Planning Board may attach such conditions and safeguards as it deems necessary to further the intent of these regulations and to protect the public interest. Such conditions may include a requirement that the special permit be periodically renewed. Such renewal shall only be withheld, following due public notice and hearings, upon a determination that the applicant has not complied with the provisions of the original application or with any conditions prescribed by the Board in conjunction with approval of such application. In such case, the applicant shall be granted a period of 62 days within which to achieve full compliance with all conditions prior to revocation of the special permit.
(d)
Revocation. If a building permit is not applied for within one year from the date a special use permit is issued, the special use permit shall be considered revoked unless an extension is applied for and granted by the Planning Board.
(4)
Area variance. In the event that an application for a special use permit proposes one or more features which will not comply with the bulk and dimensional requirements of this chapter, the applicant may apply to the Rosendale Zoning Board of Appeals for an area variance, pursuant to § 75-44 of these regulations, without the necessity of a decision or determination of the Building Inspector. In reviewing such a request the Zoning Board of Appeals shall request that the Planning Board provide a written recommendation concerning the proposed variance.
C.
Site plan approval.
(1)
Uses requiring site plan approval. A site plan shall be reviewed for all uses designated as requiring site plan approval in Article III, Use Regulations. No building permit shall be issued for a use requiring such approval prior to review and approval of a site plan by the Planning Board in accord with the provisions of this section. In all cases where any amendment of such plan is proposed, the applicant must also secure the approval of the amendment by the Planning Board. No certificate of occupancy may be issued for any building or use of land, within the purview of this section, unless the building is constructed or used or the land is developed or used in conformity with an approved site plan or an amendment of any such plan.
[Amended 9-13-2000 by L.L. No. 3-2000]
(a)
Site plan approval shall not be required in the following instances:
[1]
Reoccupancy or change of use in an existing structure when the nature of the use is the same as or similar to the prior use and the amount of traffic generated or parking spaces required by the new use is similar to that of the prior use.
[2]
Additions to an existing structure when such addition has a floor area of less than 100 square feet and does not cause a change to internal traffic circulation, parking layout or existing landscaping.
(b)
Validity. The validity of any provision of this subsection shall not affect the validity of any other provision of this subsection which can be given effect without such invalid provision.
(c)
Effective date. This subsection shall take effect immediately upon filing with the office of the Secretary of State as provided in § 27 of the Municipal Home Rule Law of New York State.
(2)
Objectives of site plan review. In reviewing site plans, consideration shall be given to the public health, safety and welfare, the comfort and convenience of the public in general or the residents or users of the proposed development and of the immediate neighborhood in particular and the accomplishment of the following objectives in particular:
(a)
That the design of all structures is compatible with that of surrounding structures. Compatibility shall be determined by a review of proposed use of materials, scale, mass, height, color, texture and location of the structure or structures on the site.
(b)
That all proposed traffic accessways are adequate but not excessive in number; adequate in width, grade, alignment and visibility; not located too near street corners or other places of public assembly; and other similar safety considerations.
(c)
That off-street parking and loading spaces are designed to prevent obstruction in public streets, and that the interior circulation system is adequate to provide safe accessibility to all required off-street parking lots, loading bays and building services.
(d)
That all playground, parking and service areas are reasonably screened at all seasons of the year from the view of adjacent residential lots and streets, and that the general landscaping of the site is such as to enhance the character of the Town and is in character with that generally prevailing in the neighborhood.
(e)
That all outdoor lighting is of such nature and so arranged as to preclude the diffusion of glare onto adjoining properties and streets.
(f)
That the drainage system and the internal water and sewer systems are adequate and the all connections to Town systems are in accordance with Town standards.
(g)
That the site plan and building design accommodate the needs of the handicapped and are in conformance with the state standards for construction concerning the handicapped.
(h)
That the site plan and building design maximize the conservation of energy to the extent feasible.
(3)
Procedure.
(a)
Presubmission. Prior to the submission of a formal site plan, the applicant shall meet in person with the Planning Board and/or its designated representative to discuss the proposed site plan in order to determine which of the subsequent requirements may be necessary in developing and submitting the required site plan.
(b)
Within six months following the presubmission conference, the site plan and any related information shall be submitted to the Building Inspector in as many copies, not to exceed 10, as may be agreed during the presubmission conference. The site plan shall be accompanied by a fee in accordance with the schedule of fees of the Town of Rosendale. If not submitted within this six-month period, another presubmission conference may be required.
(c)
The Building Inspector shall certify on each original or amended site plan whether or not the application is complete and whether the plan meets the requirements of all the provisions of this chapter other than those of this section regarding site plan review. He shall act to certify the application or return it to the applicant for completion or revision within 30 calendar days of submission by the applicant.
(d)
Following such certification, the application shall be forwarded to the Planning Board at least 10 days prior to its next regular meeting which shall be considered the official submission date.
(e)
Simultaneously with its submission to the Planning Board, the certified application shall be forwarded to the Chief of Police, Fire Chief, Highway Superintendent, Sewer and/or Water District Engineer and, where required, to the County Planning Board, County Highway Department and any other agency that the Building Inspector deems appropriate.
(f)
The Planning Board may hold a public hearing on the site plan if it determines that the matter is of wide public interest. If such a hearing is held, the provisions relating to public notice as required for a special permit shall be followed.
(g)
The Planning Board shall act to approve, disapprove or approve with conditions any such site plan within 62 days after the public hearing or, if no hearing is held, within 62 days of the official submission date. Failure to act within said 62 days shall be deemed to be approval. Conditional approval by the Planning Board shall include written findings upon any site plan element found contrary to the provision or intent of this chapter. In reviewing the application, the Planning Board shall consider whether a proposed plan will conform to the intent and requirements of this chapter and/or what revisions are appropriate. All conditions must be satisfied prior to issuance of a building permit.
(h)
Amendments to a previously approved site plan shall be acted upon in the same manner as the original site plan.
(i)
Application for area variance. In the event that a proposed site plan or site plan amendment contains one or more features which will not comply with the bulk or dimensional requirements of this chapter, application may be made to the Town of Rosendale Zoning Board of Appeals for an area variance, pursuant to § 75-44 of these regulations, without the necessity of a decision or determination of the Building Inspector. In reviewing such a request the Zoning Board of Appeals shall request that the Planning Board provide a written recommendation concerning the proposed variance.
(4)
Time limit on validity of approval. Approval of a site plan by the Planning Board shall be valid for a period of one year from the date thereof for the purpose of obtaining a building permit. Failure to secure a building permit during this period shall cause the site plan approval to become null and void. Upon application, the Planning Board may extend the time limit on the validity of the approval to not more than two years from the date of original approval.
(5)
Required submission. The data set forth below shall be submitted in support of request for site plan approval. The Planning Board, at the request of the applicant, may waive such information as it deems not relevant to its review or which would cause unusual hardship to obtain.
(a)
Legal data.
[1]
The names of all owners of record of the property in question and of all adjacent property and the lot, block and section number of such properties as shown on the Official Town Tax Assessment Maps.
[2]
Existing zoning and special district boundaries.
[3]
Boundaries of the property, building or setback lines, if different from those required in the Zoning Ordinance, and lines of existing streets and lots as shown on the Official Assessment Maps. Reservations, easements and areas dedicated to public use shall also be shown.
(b)
Existing buildings. A drawing showing the location of existing buildings on the site and on adjacent property if within 50 feet of the property line.
(c)
Development data.
[1]
Title of development, date, North point, scale and the name and address of record owner, engineer, architect, land planner or surveyor preparing the plan.
[2]
The proposed use or uses of land and buildings and proposed location of buildings.
[3]
All means of vehicular ingress and egress to and from the site onto public streets.
[4]
The location and design of any off-street parking areas or loading areas.
[5]
The location of all proposed water lines, valves and hydrants and of all sewer lines or alternative means of water supply and sewage disposal and treatment.
[6]
The proposed location, direction, power and hours of operation of proposed outdoor lighting.
[7]
The proposed screening and landscaping plan.
[8]
Proposed stormwater drainage system.
(d)
Additional data which may be required. Where, due to special conditions peculiar to a site or the size, nature or complexity of the proposed use or development of land or buildings, the Planning Board finds that all or portions of the additional data listed below are necessary for proper review of the application, it may require any or all of the data to be included in the required submission.
[2]
Existing facilities. Location of existing water mains, culverts and drains on the property, with pipe sizes, grades and direction of flow.
[3]
Topographic data.
[a]
Existing contours with intervals of five feet or less, referred to a datum satisfactory to the Board.
[4]
Development data.
[a]
All proposed lots, easements and public and community areas; all proposed streets with profiles indicating grading and cross sections showing width of roadway, location and width of sidewalk and location and size of utility lines. All lengths shall be in feet and decimals of a foot, and all angles shall be given to the nearest 10 seconds or closer if deemed necessary to the surveyor. The error of closure shall not exceed one to 10,000.
[b]
All proposed grades.
(e)
If a stormwater pollution prevention plan (SWPPP) is not required, the subdivision plan will include GPS (Global Positioning System) reference data for stormwater outfalls and permanent structures built in accordance with the New York State Management Design Manual.
[Added 12-12-2007 by L.L. No. 6-2007]
D.
Advisory opinions. The Planning Board shall review all applications for variances submitted to the Board of Appeals and all proposed amendments to the text or map of this chapter being considered by the Town Board referred to it in accord with the provisions of this chapter. In the case of an appeal for a variance or other application before the Zoning Board of Appeals, the Planning Board shall have 15 days prior to the public hearing, or such longer time as may have been agreed upon by it and the Board of Appeals, in which to prepare and submit its advisory opinion. In the case of a proposed amendment to this chapter under consideration by the Town Board, the Planning Board shall have 62 days prior to the public hearing, or such longer time as may have been agreed upon by it and the Town Board, in which to prepare and submit its advisory opinion. Failure to submit an opinion within the foregoing time periods shall be deemed to be approval of the proposed action.
E.
Review and filing fees.
(1)
Presubmission review. Presubmission review of site plans and special use permits does not require payment of a fee or filing of a formal application to the Planning Board.
(2)
Formal application. An application for approval of a site plan or special use permit with site plan shall be accompanied by a fee in accord with a schedule adopted by the Town Board.
(3)
Professional review expenses. Applicants shall be responsible for professional review expenses as set forth in Article XII, Professional Review Expenses, in addition to any filing fees set forth herein.
[Amended 5-13-2009 by L.L. No. 3-2009]
(4)
Environmental impact statements review. In the event that the proposed site plan or special use permit application has been determined either by the Planning Board or by another governmental agency having approval jurisdiction over the site plan or special use permit application to have a potential significant effect upon the environment as provided for in Title 6, New York Code of Rules and Regulations, Part 617 (State Environmental Quality Review Act), and an environmental impact statement must then be prepared and submitted, the applicant shall pay the reasonable fees, disbursements and/or costs incurred by the Town Engineer, the Town Planner and other specialists in the course of review of said environmental impact statement.