Seneca Falls Town City Zoning Code
ARTICLE XIII
Site Plan Review for Commercial, Industrial, Institutional and Multiple Dwelling Residential Uses
§ 300-126 Purpose and intent.
The Town of Seneca Falls, New York incorporates the site plan review process adopted on August 2, 2005, as a tool for the Planning Board to review commercial, industrial, institutional and multiple dwelling residential uses in all zoning districts. For the purposes of this article, "multiple dwelling residential" shall mean a building containing five or more dwelling units. The intent of this site plan review article is to allow for the Town Planning Board to have power of discretion in reviewing commercial, industrial, institutional and multiple dwelling residential site plans pertaining to project design and landscaping requirements. As an integral component of site plan review, the Town Board has determined that poor quality of design, poor location of buildings and structures (including signs and accessory buildings) adversely affects the desirability of the immediate neighborhood and impairs the benefits, stability and value of improved and unimproved property in such areas. Therefore, it is the intent of this article to grant to the Planning Board the review discretion necessary to avoid such conditions and to ensure that the location and design of buildings, structures and open spaces in the Town aid in creating a balanced and harmonious composition of the whole as well as the relationship of its parts. As such, all applications requiring site plan review will be subject to a general architectural review and will be evaluated with respect to the context of, and compatibility with, their surrounding environs.
§ 300-127 Planning Board architectural review.
A.
The Town of Seneca Falls Planning Board, appointed by the Town Board, is duly authorized to perform general architectural review as an integral component of the Town's site plan review procedure under the provisions of this article.
B.
The Planning Board is charged with the duty of maintaining the desirable character of the Town and of disapproving the construction, reconstruction and alteration of buildings subject to site plan review that are designed without consideration of the harmonious relation of the new or altered building to such buildings as already exist and the environs in which they are set.
C.
The Planning Board is charged with the duty of exercising sound judgment and of rejecting plans which, it its opinion, based upon study and the advice of the Town Engineer, Town Attorney or an architectural/historic preservation consultant, are not of harmonious character because of proposed style, materials, mass, line, detail or placement upon the property or in relation to the spaces between buildings or the natural character of the landscape or because the plans do not provide for the location and design of structures and open spaces so as to create a balanced and harmonious composition as a whole and in relation to its several parts and features to each other.
§ 300-128 Review process.
A.
The site plan review process has three primary steps as follows:
(1)
Concept review.
(2)
Preliminary site plan review.
(3)
Final site plan review and approval.
B.
Concept review. A meeting shall be held between the Planning Board and applicant to review the basic site and architectural design concept and generally determine the information to be required on the preliminary site plan. The applicant should provide the data discussed below in addition to a statement or rough sketch describing the proposal. The Planning Board shall issue written comments as the result of this meeting. The applicant shall provide the following information:
(1)
An area map showing the parcel under consideration for site plan review, and all properties, subdivisions, streets and easements within 500 feet of the boundaries thereof.
(2)
A map of site topography at no more than five-foot contour intervals. If general site grades exceed 5% or portions of the site have bedrock outcrop or are susceptible to erosion, flooding or ponding, a soils overlay and a topographic map showing contour intervals of not more than two feet of elevation should also be provided.
(3)
The owner, the architect, or other agent of the owner shall submit preliminary plans, elevations, sketches and/or proposals to the Planning Board for consultation concerning preferred architectural aesthetics prior to filing an application for a zoning permit or an application for site plan review.
C.
Procedure for preliminary site plan review and action.
(1)
General provisions.
(a)
Prior to the issuance of a zoning permit for any site plan review uses, the Town Board shall refer the application and all application materials as specified herein to the Planning Board for its review and approval in accordance with the provisions set forth in this article. In cases where land use and/or area density is at issue, or where specific cases of hardship or improper classification are evident, the Planning Board shall notify the Town Board and shall refer the application to the Zoning Board of Appeals for an opinion and recommendation prior to granting preliminary site plan approval. If an application for a variance of land use or area is made to the Zoning Board of Appeals prior to the application for site plan review, the Zoning Board of Appeals shall notify the Town Board and the Planning Board of the action and opinion prior to the granting of preliminary site plan approval.
(b)
Within 62 days of the receipt of a preliminary site plan and all information necessary to constitute a fully complete application, the Planning Board shall inform the applicant, in writing, of its decision.
(c)
If the Planning Board determines that the site plan or building style does not meet the standards of the Town, the applicant may request an extension of the sixty-two-day period.
(2)
Application for preliminary site plan approval.
(a)
An administrative fee as set from time to time by resolution of the Town Board shall accompany an application for preliminary site plan review and approval. No further fee is required at the final site plan stage.
(b)
The applicant shall pay anticipated costs that the Planning Board expects to incur due to consulting services or other review costs and an amount set from time to time by resolution of the Town Board shall be placed in an escrow account. Any unspent funds shall be returned to the applicant within five days of Planning Board action on the final site plan. If the Town's costs to review the project exceed the amount placed in the escrow account, the developer will be asked to pay those costs to the Town based upon a written explanation for the additional review requirements.
(c)
An application for architectural review and preliminary site plan approval shall be made in writing to the Zoning Officer and shall be accompanied by information drawn from the following checklist, as determined necessary by the Planning Board at the concept review meeting.
(3)
Preliminary site plan submission requirements. The following information shall be included on a preliminary site plan:
(a)
Title of drawing, including name and address of applicant and person responsible for preparation of such drawing;
(b)
North arrow, scale and date;
(c)
Boundaries of the property, plotted to scale;
(d)
Name and address of all adjoining property owners;
(e)
Existing watercourses and drainageways;
(f)
Grading and drainage plan, showing existing and proposed contours;
(g)
Location, proposed use and height of all buildings;
(h)
Location, design and construction materials of all parking and truck loading areas, showing access and egress;
(i)
Provision for pedestrian circulation access and handicapped access;
(j)
Location of outdoor storage, and method of screening if any;
(k)
Location, design and construction materials of all existing or proposed site improvements, including drains, culverts, retaining walls, fences, and signs;
(l)
Location, design and general construction materials of all existing or proposed buildings, structures and accessory structures, including four elevations of the building(s) illustrating all front, rear and side views and/or three-dimensional renderings necessary to illustrate the size, shape and form of all sides of the building(s);
(m)
Description of the method of sewage disposal and location, design and construction materials of such facilities;
(n)
Description of the method of securing public water and location, design and construction materials of such facilities;
(o)
Location of fire and other emergency zones, including the location of fire hydrants and fire lanes;
(p)
Location, design and construction materials of all energy distribution facilities, including electrical, gas and solar energy;
(q)
Location, size and design and construction materials of all proposed signs;
(r)
Location and proposed development of all buffer areas, including existing vegetative cover;
(s)
Location and design of outdoor lighting facilities and light emissions to 25 feet within adjoining property;
(t)
Designation of the amount of building area proposed for retail sales or similar commercial activity;
(u)
General landscaping plan and planting schedule;
(v)
Other elements integral to the proposed development as considered necessary by the Planning Board, including identification of any state or county permits required for the project's execution;
(w)
Agricultural data statement if located within 500 feet of any agricultural district;
(x)
Archeological survey as required by SHPO, if any; and
(y)
Completed environmental assessment form (EAF) in compliance with the New York State Environmental Quality Review Act (SEQRA).
(4)
Review criteria. Criteria for Planning Board review may include, but shall not be limited to, the following:
(a)
Adequacy and arrangement of vehicular traffic egress/ingress and circulation, including intersections, road widths, pavement surfaces, dividers and traffic controls.
(b)
Adequacy, arrangement of pedestrian, ADA-compliant traffic access, and circulation, walkway structures, control of intersections with vehicular traffic and overall pedestrian convenience.
(c)
Location, arrangement, appearance and sufficiency of off-street parking and loading.
(d)
Location, arrangement, size, design, architectural style and general site compatibility of buildings, lighting and signs.
(e)
Relationship of proposed architectural styles and materials within the context of the community, surrounding neighborhood or compatibility with adjacent environs.
(f)
Adequacy of stormwater and drainage facilities.
(g)
Adequacy of water supply for drinking and fire protection purposes and sewage disposal facilities.
(h)
Adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or noise buffer between the applicant's and adjoining lands, including the maximum retention of existing vegetation.
(i)
In the case of an apartment complex or other multiple dwelling, the adequacy of usable open space for play areas and informal recreation.
(j)
Protection of adjacent or neighboring properties against noise, glare, unsightliness or other objectionable features.
(k)
Adequacy of fire lanes, other emergency zones, and the provision of fire hydrants.
(l)
Special attention to the adequacy of structures, roadways, and landscaping in areas with susceptibility to ponding, flooding and/or erosion.
(m)
Relationship to active agricultural land and fallow land to ensure that the conversion of agricultural land to nonagricultural uses is minimized and to ensure that all potential conflicts with agricultural operations are minimized.
(5)
Consultant review. The Planning Board may consult with the Town Engineer, Town Building Inspector, Fire Commissioners, Conservation Council, Commissioner of Public Works, other local and county officials, and its designated private consultant, in addition to representatives of federal and state agencies, including but not limited to the Soil Conservation Service, the State Department of Transportation and the State Department of Environmental Conservation.
(6)
Public hearing. The Planning Board shall conduct a public hearing on the preliminary site plan. Such public hearing shall be conducted within 62 days of the receipt of the complete application for preliminary site plan approval and shall be advertised in a newspaper of general circulation in the Town at least five days before the public hearing.
(7)
Planning Board action on preliminary site plan.
(a)
The proposed development in question may be subject to the provisions of the State Environmental Quality Review Act (SEQRA). First, the Planning Board should identify the type of action the proposed development is according to SEQRA. Depending on the size, location, and other factors, it may be a Type I or an unlisted action. To make a decision, the Planning Board should consult Article 8 of the Environmental Conservation Law and Part 617 of the New York Codes, Rules and Regulations. The Planning Board should also review the environmental assessment form (EAF) submitted as part of the application and consider compliance with current planning activities and plans. The action type and related procedure will dictate the next steps, if any, to be taken to comply with SEQRA regulations.
(b)
If it is determined that an environmental impact statement will be prepared for the proposal in question, all time frames and deadlines are delayed until a draft environmental impact statement is filed. The application is not complete, and therefore the review clock does not start, until a determination of "no significance" has been made or until a draft environmental impact statement has been completed and submitted to the Planning Board. When the draft environmental impact statement is completed, the period for Planning Board review begins (62 days). If another agency has determined that the proposal in question may have a significant effect on the environment, the Planning Board shall not issue a decision until a final environmental impact statement has been filed.
(c)
When compliance with SEQRA is complete, the Planning Board shall act on the application within 62 days. If no decision is made within said sixty-two-day period, the preliminary site plan shall be considered approved. The Planning Board's action shall be in the form of a written statement to the applicant stating whether the preliminary site plan is approved, disapproved or approved with modifications. The Planning Board's statement may include recommendations of desirable modifications to be incorporated in the final site plan, and conformance with said modifications shall be considered a condition of approval. If the preliminary site plan is disapproved, the Planning Board's statement will contain the reasons for such findings. In such a case, the Planning Board may recommend further study of the site plan and resubmission to the Planning Board after it has been revised or redesigned.
D.
Procedure for final site plan review and action.
(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 the Planning Board for approval. 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 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 accepting the proposed final site plan for review.
(2)
The final site plan shall conform substantially to the approved preliminary site plan. It should incorporate any modifications that may have been recommended by the Planning Board in its preliminary review, including consensus regarding recommended architectural style. All such compliance shall be clearly indicated by the applicant on the appropriate submission.
(3)
The following additional information shall accompany an application for final site plan approval:
(a)
Record of application for and status of all necessary permits from state and county officials;
(b)
Detailed sizing and final material specification of all required improvements; and
(c)
An estimated project construction schedule.
(4)
Required referral. Prior to taking action on the final site development plan, the Planning Board shall refer the plan to the County Planning Department for advisory review and a report in accordance with § 239-m of the General Municipal Law, where the proposed action is within a distance of 500 from the boundary of any city, village, or town, or from the boundary of any existing or proposed county or state park or other recreation area, or from the right-of-way of any existing or proposed county or state parkway, thruway, expressway, road or highway, or from the existing or proposed right-of-way of any stream or drainage channel owned by the county or for which the county has established channel lines, or from the existing or proposed boundary of any county- or state-owned land on which a public building or institution is situated.
(5)
Planning Board action on final detailed site plan.
(a)
No final site plan approval shall be granted on any application that has been referred to the Planning Board unless the Planning Board has recommended approval of the architectural style, the plans have been amended to incorporate any conditions of approval imposed by the Planning Board or the Planning Board approves the site plan by a vote of a majority plus one of its members.
(b)
Within 62 days of receipt of the application for final site plan approval, the Planning Board shall render a decision to Town Board. If no decision is made within the sixty-two-day period, the final site plan shall be considered approved.
§ 300-129 Applicability.
The site plan review process shall apply to all uses, whether designated "permitted" or otherwise, in those portions of all zoning districts located within the Town except the following: one-family dwellings, two-family dwellings, farms. Such uses shall be termed "site plan review uses."