Sardinia City Zoning Code
ARTICLE IX
Site Plan Approval
§ 115-75 Purpose.
Prior to the development of individual parcels for commercial activities, including but not limited to multifamily residential and manufactured housing parks, a site plan for the land activity or development must be reviewed and approved. The purpose of these regulations is to enable the Town to control the placement of buildings and accessory structures and ancillary improvements so that they do not impact neighboring land uses or negatively impact the surrounding community. The implementation of these requirements furthers the public health, safety and general welfare of the community by allowing the reviewing body to restrict the number, size and location of vehicular access points along all roads; require buffering of incompatible land uses; require adequate aesthetic enhancements in the form of soft and hard landscaping features; require buildings to have architectural features which are consistent with human scale and/or require architectural styles that are consistent or reflective of the surrounding community; and require the provision of open space in multifamily residential or manufactured housing parks for recreational opportunities or permit the Town to accept monies in lieu of providing such open space for the creation of recreational opportunities elsewhere in the community.
§ 115-76 Applicability.
The following activities do not require site plan approval:
A.
The construction of one- or two-family dwellings and their customary accessory structures on individual lots.
B.
Exterior alterations or additions to existing commercial structures which are 25% of the gross building area or 1,000 square feet, whichever is less. Such exemption will be limited to a cumulative maximum building area of 1,000 square feet. All subsequent additions must obtain site plan approval.
[Amended 6-9-2011 by L.L. No. 2-2011]
C.
The establishment of an accessory road side stand within the AR-Agricultural-Residential district.
§ 115-77 Approval authority.
The Planning Board shall receive and review all site plans required by this article and shall approve, approve with modifications or deny such site plans in compliance with the provisions of this article.
§ 115-78 Minor and major actions.
A.
All commercial activities requiring site plan approval shall be classified by the Code Enforcement Officer or his/her designee as either minor or major actions. Minor actions are those which are not listed as Type I actions pursuant § 617.4 of State Environmental Quality Review Act and/or the estimated value of construction, as determined by the Code Enforcement Officer or his/her designee, is consistent with construction activities of a smaller scale.
B.
Major actions shall be defined as those activities which are Type I actions pursuant to § 617.4 of the State Environmental Quality Review Act and/or the estimated value of construction or the scale of the project, as determined by the Code Enforcement Officer or his/her designee, is of a magnitude which warrants a designation of major activity rather than a minor activity.
§ 115-79 Review and approval procedure.
Prior to a building permit being issued or construction commencing for an activity which requires site plan approval, the Code Enforcement Officer will require an application for site plan approval to be filed with his/her office. Actions deemed by the Code Enforcement Officer or his/her designee to be a major activity may allow an independent review by an urban planner hired by the Town of Sardinia Such independent review will be for the purpose of providing assistance to the Planning Board and offering recommendations on the site plan.
A.
All minor and major actions shall require a sketch plan conference to be held with the Planning Board and the applicant prior to the preparation and submission of a formal site plan. The intent of the conference is to enable the applicant to inform the Planning Board of his/her proposal prior to the preparation of a detailed site plan; and for the Planning Board to review basic site concept, advise the applicant of potential problems and concerns and to generally determine the information to be required on the site plan. In order to accomplish these objectives, the applicant shall provide the following with his/her written request for a sketch plan conference:
(1)
A project statement indicating the proposed use and or changes (if an addition to an existing facility).
(2)
A rough sketch (to scale), showing the locations and dimensions of principal and accessory structures, parking areas, vehicular ingress and egress points, proposed signage, existing and proposed vegetation, any other proposed exterior site features, anticipated changes in topography and natural site features, including floodplains, floodways and/or regulated wetlands or water bodies.
(3)
A general location map which places the site in context with the surrounding streets, right-of-ways, easements and other pertinent features.
(4)
A boundary survey prepared by a New York State licensed land surveyor reflective of current conditions.
B.
Following the sketch plan conference with the Planning Board, a site plan approval request form and filing fee shall be submitted to the Code Enforcement Officer or his/her designee along with 10 copies of a site plan, or as specified by the Planning Board, showing all of the information required of the Planning Board as discussed with the applicant during the sketch plan conference, and as indicated by the Planning Board on the Town's site plan checklist.
C.
In addition to the information indicated on the Town site plan checklist, the Planning Board may also request that the applicant prepare studies to demonstrate that potential impacts, including, but not limited to, traffic, storm drainage, noise, air pollution or water quality, will be mitigated and/or or avoided as required pursuant to the provisions of the State Environmental Quality Review Act (SEQRA).
D.
In addition to the filing feet for a site plan approval request, the Town shall be reimbursed for any costs incurred by the Planning Board for required professional assistance or other extraordinary expense in connection with the review of a proposed site plan. Such reimbursable costs will be a charge associated with the site plan review in addition to the aforesaid site plan filing fee.
§ 115-80 Standards for review.
The Planning Board's review of the site plan shall include, as appropriate, the following general considerations:
A.
Location, arrangement, size, design and general site compatibility of buildings, lighting and signs.
B.
Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers and traffic controls.
C.
Location, arrangement, appearance and sufficiency of off-street parking, loading and drive-through lane stacking.
D.
Adequacy and arrangement of pedestrian traffic access and circulation, pedestrian walks and walkway structures, control of intersections with vehicular traffic and overall pedestrian mobility and convenience.
E.
Adequacy of stormwater and drainage facilities.
F.
Adequacy of water supply and sewage disposal facilities.
G.
Adequacy, type and arrangement of trees, shrubs, and other landscaping constituting a visual and/or noise buffer between adjoining lands, including the maximum retention of existing vegetation.
H.
Adequacy of fire lanes and other emergency zones and the provision of fire hydrants.
I.
Special attention to the adequacy and impact of structures, roadways, and landscaping in areas with susceptibility to ponding, flooding and/or erosion.
J.
Overall impact on the neighborhood, including compatibility of design considerations.
K.
The provision of open space within multifamily and manufactured home parks for the recreational needs of the residents of such developments.
§ 115-81 Open space for recreation.
The Town may require the provision of open up to a maximum of 30% of a development site within proposed multifamily developments and within proposed manufactured home parks to provide for the recreation needs of the residents of such developments. The Town may also accept, in lieu of such open space, monies to provide recreational opportunities elsewhere in the community.
§ 115-82 Planning Board decision.
[Amended 6-9-2011 by L.L. No. 2-2011]
A.
Within 62 days of receipt of a formal application for site plan approval (subsequent to sketch plan conference as specified in § 115-79A), the Planning Board shall schedule a public meeting with the applicant. Such public meeting shall not be scheduled unless the application submittal is deemed complete by the Planning Board.
B.
Within 62 days following the scheduled public meeting, the Planning Board shall render a decision. In its decision, the Planning Board shall approve the site plan, approve with modifications or deny the site plan. Any decision rendered shall be in writing and based on evidence of the proceedings and based on information contained within the site plan submittal. The decision of the Planning Board shall be filed in the office of the Town Clerk within five business days of the decision being rendered, and a copy shall be mailed to the applicant.
C.
The time period in which the Planning Board must render a decision can be extended by mutual consent of the applicant and the Planning Board, providing the applicant makes a written request to extend the time frame to the Planning Board prior to the expiration of 62 days.
§ 115-83 Town Board decision.
When site plan submittals are made simultaneously with requests for special use permits, the time frames for rendering a decision by the Town Board pursuant to § 115-87 shall take precedence. All time frames as mandated pursuant to the State Environmental Quality Review Act (SEQRA) shall be observed in addition to the time frames allowed for this section.
§ 115-84 Failure to obtain site plan approval.
Failure of an applicant to obtain site plan approval prior to commencing an activity shall be considered a violation punishable by the provisions of § 115-94 of this chapter.