Rotterdam City Zoning Code
ARTICLE XVII
Site Plan Approval
§ 270-128 Statutory authorization.
§ 270-129 Purpose.
It is the purpose of this site plan authorization procedure to provide a means for the Town review of the standards listed in this section. Further, the Planning Board's review of each site plan application shall be guided by the following:
B.
The adequacy and arrangement of vehicular and pedestrian traffic access and circulation, including intersections, road widths, pavement surfaces, dividers and control devices.
C.
The impact of traffic generated on adjacent properties and roads.
D.
The location, arrangement, appearance and sufficiency of off-street parking and loading.
E.
The location, arrangement, site design and compatibility of buildings, structures, lighting and signs.
F.
The adequacy, type and arrangement of landscaping, screening, buffer zones and open space.
G.
In the case of multiple-family dwellings, the adequacy of common property or open space for play areas and informal recreation.
H.
The adequacy and means for complete disposal of stormwater, sanitary waste, water supply for fire protection and consumption, fire and emergency vehicle access, solid waste disposal and snow removal.
I.
The adequacy of structures, roadways and landscaping in area with susceptibility to ponding, flooding and/or erosion.
J.
The protection of adjoining or nearby properties against noise, vibration, dust, odor, glare, unsightliness or other objectionable features.
K.
The retention of existing trees to as great a degree as is practicable.
§ 270-130 Uses requiring site plan approval.
A.
Building permits. Site plan review and approval is required for the following structures and uses before the issuance of a building permit:
(1)
Any principal permitted or special use except for a single-family dwelling and related accessory uses or an agricultural building, structure or use permitted by right.
(2)
Any nonresidential, nonagricultural principal use or accessory use thereto in the R-1, R-2 or A District.
(3)
Any development or redevelopment involving the creation of more than 10 off-street parking spaces or, for all nonresidential uses, any change in the approved site configuration.
(4)
Any conversion, redevelopment or renovation of an existing building or structure to a multiple-family or a nonresidential use.
(5)
Any multiple-family development or redevelopment.
(6)
Any accessory use using or occupying more than 2,000 square feet of land area.
(7)
Any accessory building or structure containing or enclosing more than 300 square feet of gross floor area.
(8)
Any wind energy facility or wind measurement tower.
[Added 10-8-2008 by L.L. No. 10-2008]
B.
Change of use. A use which is established either by right or special permit or which is legally nonconforming consistent with the provisions of this chapter may not be changed to any other use or activity without prior notice to the town. Such request for a change of use shall be made by filing an application for a building permit with the Town Building Inspector/Code Enforcement Officer. Said application shall be reviewed by the Planning Board, which may require that the applicant submit all materials and information as may be required for site plan review.
[Amended 7-9-2003 by L.L. No. 9-2003]
C.
Exempted uses. Notwithstanding the foregoing requirements for site plan review, the Planning Board may waive the requirement of review and approval where it finds, in writing, served to the Building Inspector/Code Enforcement Officer and applicant, that such review and approval is unnecessary and would not serve the purposes of this article.
[Amended 7-9-2003 by L.L. No. 9-2003]
D.
Site plan approval is required for seasonal sales of produce, holiday decorations, Christmas trees and similar activities which occur for limited time frames and do not result in year-round commercial activity. Seasonal sales are subject to the standards imposed in Chapter 228, Seasonal Sales, of the Town Code.
[Added 11-24-1993 by L.L. No. 22-1993]
§ 270-131 Application and transmittal.
[Amended 7-9-2003 by L.L. No. 9-2003; 7-12-2006 by L.L. No. 10-2006]
Applications for site plan approval shall be filed with the Town Planner or other person designated by the Department of Public Works and must include the material and information as required by § 270-132. Applications for special use permits shall also include the information and material required for site plan approval. Upon receipt of such complete application, the Town Planner or other person designated by the Department of Public Works shall transmit copies of such application and material to the Planning Board. Every complete application for site plan approval shall be accompanied by a fee in the amount established by the Town Board.[1]
§ 270-132 Materials to be submitted; exemptions.
A.
Preliminary plans. Application for preliminary site plan approval shall be accompanied by the following information unless waived pursuant to Subsection B:
(1)
A map of the applicant's entire lot, plot or parcel of land at the scale of one inch equals 40 feet, unless the Planning Board determines a different scale more appropriate, showing all properties, subdivisions, streets, watercourses and easements which pass through the property or are known to abut the applicant's property.
(2)
The name and address of the applicant, vendee, contract vendee or owner and title of drawing.
(3)
The North symbol, date and scale.
(4)
The name, address, title and license number of the person or firm responsible for the preparation of the map.
(5)
Structures and circulation: one set of preliminary plans, elevations and sections of proposed structures and roads, showing the proposed location, use and design of all buildings and structures, including any proposed division of buildings into units of separate occupancy and location of drives thereto, and showing the proposed location of all roads, pedestrian walkways and fire lanes.
(6)
Landscaping: preliminary grading and landscaping plan.
(7)
Cut and fill: extent and amount of cut and fill for all disturbed areas, including "before" and "after" profiles of typical development areas, parking lots and roads.
(8)
Stormwater retention: provisions for on-site stormwater retention basins during and after construction, designed to handle any increased rate of runoff.
(9)
Wells: location and test yields in gallons per minute of all proposed on-site wells.
(10)
Drainage fields or percolation tanks: location and percolation test results of all proposed drainage fields or percolation tanks.
(11)
Water supply and sewage disposal: description of method of water supply and sewage disposal and location of such facilities.
(12)
Location of existing wetlands and floodplains.
(13)
Lighting, power and communication facilities: location and design of lighting, power and communication facilities.
(14)
Signs: location, design and size of all signs.
(15)
Site improvements: location of all existing and proposed drains, culverts, retaining walls and fences.
(16)
Outdoor storage: location of any outdoor storage and other accessory uses.
(17)
Uses: detailed breakdowns of all proposed floor space by type of use.
(18)
Other industrial uses: In an industrial district, specific uses proposed, number of employees for which buildings are designed, type of power to be used for any manufacturing process and the proposed method of disposal of such wastes or by-products shall also be shown.
(19)
State environmental quality review: No application shall be deemed complete without compliance with state environmental quality review (SEQR), including where necessary, a lead agency determination, a negative or positive declaration and the submission of an acceptable draft environmental impact statement (DEIS).
B.
Exemptions. For minor site development plans, or in other appropriate circumstances, the Planning Board may waive the provision of any items or information listed in this section. The Planning Board may allow the applicant to submit only that information which it deems necessary for review of a particular application.
C.
Additional information. The Planning Board may require other and further information or documentation as the Board may deem to be necessary and appropriate to a full consideration and disposition of a particular application.
D.
Other sources. The Planning Board may consult with appropriate town, county, state and federal personnel as may be necessary and appropriate for a proper consideration of a particular application.
§ 270-133 Review of application; decision.
A.
Review procedure. Within 45 days following receipt by the Planning Board of a completed application, the Planning Board shall consider the application for site plan approval. The Planning Board may hold any advertised public hearing thereon where the Planning Board Chairman deems a public hearing necessary and appropriate. The Planning Board shall decide upon such application within 62 days of the meeting or hearing at which such application is considered and shall either approve the application, approve it subject to certain specific modifications or disapprove the site plan application. The time within which the Planning Board may render its decision may be extended by mutual consent of the applicant and the Planning Board.
[Amended 7-9-2003 by L.L. No. 9-2003]
B.
Standards for review. The Planning Board's review of the site plan application shall be guided by the standards listed in § 270-129.
C.
Contents of report.
[Amended 7-9-2003 by L.L. No. 9-2003]
(1)
If the Planning Board determines that the preliminary site plans meets the standards for review, then it shall grant the applicant approval, endorse its approval on the preliminary site plan and authorize its Chairman to affix his signature to the endorsement. Said site plan, together with supporting facts for the approval action, shall be forwarded to the Building Inspector/Code Enforcement Officer.
(2)
If the Planning Board determines that one or more aspects of the site plan do not meet the standards set forth in § 270-129, and that revisions, additions, changes or alterations are required, it may grant the applicant conditional approval. Said site plan, together with a written statement setting forth the basis and reasons for the conditional approval, shall be forwarded to the Building Inspector/Code Enforcement Officer. A site plan receiving conditional approval shall always authorize the submission of a final site plan application, accompanied by the final site plan and related documents.
(3)
The Planning Board shall not disapprove any site plan submitted pursuant to this article except on the basis of specific written findings directed at one or more of the standards for review. The Planning Board may recommend further study and resubmission of the preliminary site plan following revision or redesign.
D.
Notwithstanding anything else contained in this chapter to the contrary, the Planning Commission shall have the authority during site plan review to waive, modify, or reduce off-street parking requirements set forth in § 270-149 and off-street loading requirements set forth in § 270-150 where the applicant demonstrates to the satisfaction of the Planning Commission that such waiver, modification, or reduction is appropriate in light of the nature and scale of the proposed use, and that strict compliance with § 270-149 and/or § 270-150 is not requisite in the interest of the public health, safety or general welfare.
[Added 4-28-2021 by L.L. No. 3-2021]
§ 270-134 Final site plan approval.
[Amended 7-9-2003 by L.L. No. 9-2003]
A.
Application.
(1)
After receiving approval, with or without modifications, from the Planning Board on a preliminary site plan, the applicant shall submit a final, detailed site plan to ensure that it is in literal conformance with all conditions to preliminary approval which may have been imposed by the Planning Board. All such compliances shall be clearly indicated by the applicant on the appropriate submission. If the Building Inspector/Code Enforcement Officer finds that the plan conforms to the preliminary approval of the Planning Board, the Inspector shall issue the building permit.
(2)
If more than six months have elapsed since the time of the Planning Board's action on the preliminary site plan and if the Planning Board finds that conditions may have changed significantly in the interim, the Planning Board may require a resubmission of the preliminary site plan for further review and possible revision prior to the Building Inspector/Code Enforcement Officer's acceptance and review of the proposed final site plan. With respect to this subsection, if necessary plan modifications are minor, the Planning Board may, in writing, waive preliminary site plan review and grant final approval subject to review of the revised plans by the Building Inspector/Code Enforcement Officer, who shall issue the building permit and provide the plans for the Planning Board's records.
B.
Review by Planning Board. Within 62 days of receipt of the application for final site plan approval, the Planning Board shall render a decision to the Building Inspector/Code Enforcement Officer.
(1)
Upon approval of the final site plan and payment by the applicant of all fees and reimbursable costs due to the town, the Planning Board shall endorse its approval on a copy of the final site plan and shall forward such copy to the Building Inspector/Code Enforcement Officer.
(2)
Upon disapproval of a final site plan, the Planning Board shall so inform the Building Inspector/Code Enforcement Officer, and the Building Inspector/Code Enforcement Officer shall deny a building permit to the applicant. The Planning Board shall also notify the applicant in writing of its decision and its reasons for disapproval.
§ 270-135 Performance guaranty and security requirements.
[Amended 7-9-2003 by L.L. No. 9-2003; 7-12-2006 by L.L. No. 6-2006]
A.
The Planning Board may require the applicant to provide the Town of Rotterdam with adequate security to ensure prompt and continuous compliance with the site plan, such security being in the form of a letter of credit or a client fund account, to be held by the Town pending satisfactory completion of the site plan. The amount of such security in whatever form shall be equal to the full estimated cost of the completed site plan. The amount of security necessary shall be determined by the Department of Public Works after a review of the cost estimate of the site plan prepared by the applicant or his representative. The security may be reduced as implementation of the site plan progresses. It shall not be reduced to less than the amount determined for that work which is still uncompleted plus 20% of the amount determined for that work which is completed and approved. If needed, the reduced security may be required to remain in effect for one year after the date of issuance of the permanent certificate of occupancy, unless required to be extended further as provided for in the following section.
B.
In no event shall a certificate of occupancy be issued until all improvements shown on the site plan are installed or a sufficient performance guaranty has been posted for improvements not yet completed. The sufficiency of such performance guaranty shall be determined by the Department of Public Works after consultation with the Building Inspector/Code Enforcement Officer, Town Engineer or other competent persons.
C.
Compliance with Board requirements subsequent to issuance of permanent certificate of occupancy; penalties for noncompliance.
(1)
It is the intent of this subsection that compliance with all Board-approved special conditions shall be required. In that regard, this subsection shall be applicable to all site plan requirements set by the Planning Board (PB), to all special conditions attached to a variance by the Zoning Board of Appeals (ZBA) and to all special conditions attached to a special use permit. In the following subsections of this section, the term "Board" shall mean either the Planning Board or the Zoning Board of Appeals, and the term "special conditions" shall mean either a site plan, variance or special use permit, as appropriate.
(2)
The Town shall, at all times, have the right to reinspect the premises if any Building Inspector has reason to believe the site is, not in compliance, either by personal observation or a report from a Town official or Board member or upon the receipt of a signed, written complaint alleging that the site is not in compliance and detailing the manner in which the compliance is lacking.
(3)
Upon receipt of an application for site plan approval, variance or special use permit, the Department of Public Works may review any and all conditions of a prior approval on said site, as well as the conditions of a prior approval on any other site previously sought by the applicant or any party related in any manner to the applicant, and shall have the premises of all those sites inspected to determine whether said site is in compliance with those approved conditions. If the site is found not to be in compliance, then the applicant shall be so advised in writing and no new application for any site plan approval, variance or special use permit shall be entertained or deemed complete until the violation has been corrected. If the violation is not correctable (i.e., removal of existing trees that were required to be protected), then the applicant will appear before the appropriate Board to determine what mitigation will be acceptable, and upon completion thereof, the present application shall be entertained.
(4)
If, at any time subsequent to the issuance of a permanent certificate of occupancy, the Department of Public Works or Building Inspector finds that any conditions of a Board approval have been violated, the owner and/or occupant shall be issued a notice of violation in writing (in the same manner as provided for in § 265-14 regarding Property Maintenance) and given 30 days either to bring the site into compliance or to appear before the appropriate Board to determine mitigation and/or secure a time extension, if required. If the owner/occupant elects to appear before the appropriate Board, then the Building Inspector shall issue a revised notice of violation based on the determinations made by the Board.
(5)
If, after having received a notice of violation (or a revised notice of violation), the owner fails to correct the violation within the time period stated therein, then the Board will have the authority to take action as provided for in § 265-15, and the penalties for an offense may include any or all of the following:
(a)
Any person or persons, association, firm or corporation which shall be found in violation shall be guilty of an offense and shall be punishable by a minimum fine of $1,000, not more than $25,000, or imprisonment for not more than 15 days, or both. Each day that a violation continues, after notification in writing by personal delivery or first-class and certified mail, to the sender, shall be deemed a separate offense.
[Amended 6-12-2013 by L.L. No. 7-2013]
(b)
The cost of cleanup of the property shall be assessed as a lien against the property taxes.
(c)
An administrative fee of $500 per incident of noncompliance will be assessed.
[Amended 6-12-2013 by L.L. No. 7-2013]
§ 270-136 Inspection.
[Amended 7-9-2003 by L.L. No. 9-2003]
The Building Inspector/Code Enforcement Officer shall be responsible for the overall inspection of site improvements, including coordination with the Town Engineer and other officials and agencies, as appropriate.
§ 270-137 Compliance with special use procedures.
[Amended 7-9-2003 by L.L. No. 9-2003]
Whenever the particular circumstances of a proposed development require compliance with either the special use procedure in this zoning chapter or the requirements of the Town land subdivision regulations[1] the Planning Board shall attempt to integrate as appropriate, site plan review as required by this article with the procedural and submission requirements for such other compliance.
§ 270-137.1 Application and fees.
[Added 12-9-1992 by L.L. No. 37-1992; amended 8-8-2007 by L.L. No. 9-2007; 2-25-2009 by L.L. No. 1-2009; 7-10-2024 by Res. No. 283.24]
A.
All site plan applications shall be accompanied by a fee as affixed by the Rotterdam Town Board and designated in Chapter 126 of the Town Code, entitled "Fees."
B.
Administrative fees. The costs incurred for the review of a site plan application by the Town Engineer, for consulting engineering fees or other consulting fees in conjunction with the Planning Board's review for a proposed application, including reviews required under the New York State Environmental Quality Review Act,[1] shall be charged to the applicant. The Planning Board shall obtain an estimate from any designated consultant for an amount sufficient to defray the costs of such services. The applicant shall enter into an escrow agreement with the Town of Rotterdam Planning Board, and said agreement shall be executed by the Rotterdam Planning Board Chairman, upon authorization from the Rotterdam Planning Board. The Rotterdam Planning Board Attorney shall prescribe the terms and appropriate form of the escrow agreement. Any portion of the estimated charges so collected by escrow agreement which is not expended by the Town shall be returned to the applicant.
[1]
Editor's Note: See Environmental Conservation Law § 8-0101 et seq.