Shandaken City Zoning Code
ARTICLE VIII
Site Plan Review and Approval
§ 116-47 When required.
[Amended 6-11-1997 by L.L. No. 2-1997]
In accordance with § 116-10, District Schedule of Use Regulations, prior to consideration of the issuance of a building permit or certificate of occupancy or use in any district, except for a one- or two-family dwelling and except for mobile homes, including double wide mobile homes and modular or manufactured homes to be placed on individually owned lots and related accessory or general agricultural uses permitted by either right or special use permit, including home occupations, the Zoning Enforcement Officer shall require the preparation of a site plan. The Zoning Enforcement Officer shall refer the applicant to the Planning Board for site plan review and approval in accordance with § 274-a of the Town Law and the standards and procedures set forth in this article.
§ 116-48 Sketch plan conference.
A.
A sketch plan conference between the Planning Board and the applicant shall be held to discuss the applicability of the site plan review and approval procedure to the intended development for which the building permit or certificate of occupancy or use is sought.
B.
The Planning Board shall make its determination based upon review of the project's scope and the basic land use and site design concept, as shown by a sketch plan drawn to scale and accompanying statements provided by the applicant and describing at a reasonable level of detail what is proposed.
C.
At the sketch plan conference, the Planning Board shall, with the advice of its professional planning consultant, take one of three actions:
(1)
Determine that the project is limited in scope, with compatible land use, site and building design characteristics, thus requiring no further review under this article, with such determination restricted to applications including the establishment of permitted uses within existing complying structures or the limited modification of existing conforming uses and complying structures wherein no substantial site improvements are either required or proposed.
(2)
Determine that the project does require full review under this article, based upon the project's scope and/or land use, site and building design characteristics, and advise the applicant of site plan submission requirements in accordance with § 116-49.
(3)
Require additional sketch plan information prior to making a determination regarding the applicability of the site plan review and approval procedure.
D.
In order to assist the Planning Board in its determination, the applicant shall submit, as may be applicable, the further data discussed below, during the sketch plan discussion:
§ 116-49 Application for site plan approval.
An application for site plan approval shall be made in writing to the Planning Board and shall be accompanied by four prints of a site plan which includes information drawn from the following checklist of items, as determined necessary by the Planning Board at the time of the sketch plan conference, and which is provided on a drawing certified by a licensed engineer, architect, landscape architect and/or land surveyor:
A.
Site plan checklist.
(1)
Title of drawing, including name and address of applicant and person(s) responsible for preparation of such drawing.
(2)
North arrow, scale and date.
(3)
Accurate boundaries of the property plotted to scale.
(4)
Existing watercourses.
(5)
Grading and drainage plan showing existing and proposed contours at an appropriate interval to be specified by the Planning Board at the sketch plan conference, with two-foot contour intervals and soils data generally required on that portion of any site proposed for development where general site grades exceed 5% or there may be susceptibility to erosion, flooding or ponding.
(6)
Location, proposed use and height of all buildings.
(7)
Location, design and construction materials of all parking and truck-loading areas, with access and egress drives thereto.
(8)
Provision for pedestrian access.
(9)
Location of outdoor storage of equipment and materials, if any.
(10)
Location, design and construction materials of all existing or proposed site improvements, including drains, culverts, retaining walls and fences.
(11)
Description of the method of sewage disposal and the location, design and construction materials of such facilities.
(12)
Description of the method of securing water supply and the location, design and construction materials of such facilities.
(13)
Location of fire and other emergency zones, including the location of the nearest water supply for fire emergencies.
(14)
Location, design and construction materials of all energy distribution facilities, including electrical, gas and solar energy.
(15)
Location, size and design and construction materials of all proposed signage.
(16)
Location and proposed development of all buffer areas, including indication of existing vegetative cover.
(17)
Location and design of outdoor lighting facilities, including data regarding, when appropriate, lighting levels both within the site and at the site's boundaries.
(18)
Designation of the amount of building area proposed for retail sales, office use or similar commercial activity.
(19)
Detailed landscaping plan and planting schedule, including the number, size, type and location of all canopy trees or understory trees, shrubs and ground covers to be planted.
[Amended 5-12-1993 by L.L. No. 3-1993]
(20)
Building elevations and sections at a scale sufficient to delineate clearly the massing and the exterior materials, textures and colors of all buildings and other structures shown on the site plan.
[Added 5-12-1993 by L.L. No. 3-1993[1]]
[1]
Editor's Note: This local law also renumbered former Subsection A(20) as Subsection A(21).
(21)
Other elements integral to the proposed development, as considered necessary by the Planning Board, including the identification of any state or county permits required for the project's execution.
B.
Required fee. An application for site plan review and approval shall be accompanied by the applicable fee in accordance with the fee schedule established and annually reviewed by the Town Board.
§ 116-50 Planning Board review of site plan.
The Planning Board's review of a site plan shall include, as appropriate, but is not limited to, the following:
A.
General considerations.
(1)
Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers, structures and traffic controls.
(2)
Adequacy and arrangement of pedestrian traffic access and circulation, walkways, control of intersections with vehicular traffic and overall pedestrian convenience.
(3)
Location, arrangement, appearance and sufficiency of off-street parking and loading.
(4)
Location, arrangement, size, design and general site compatibility of principal and accessory buildings, lighting and signage.
(5)
Adequacy of stormwater and drainage facilities.
(6)
Adequacy of water supply and sewage disposal facilities.
(7)
Adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or noise-deterring buffer between the applicant's and adjoining lands, including the maximum retention of existing vegetation.
(8)
In the case of an apartment complex or other multiple dwelling, the adequacy of usable open space for play areas and informal recreation.
(9)
Protection of adjacent or neighboring properties against noise, glare, unsightliness or other objectionable features.
(10)
Adequacy of fire lanes and other emergency zones and water supply for fire emergencies.
(11)
Special attention to the adequacy of structures, roadways and landscaping in areas with susceptibility to ponding, flooding and/or erosion.
(12)
Compatibility of building design with existing characteristics of the neighborhood.
B.
Consultant review. In its review, the Planning Board may consult with the Town Building Inspector, the Zoning Enforcement Officer, Superintendent of Highways, other local and county officials and its designated private consultants, in addition to representatives of state agencies, including but not limited to the State Department of Transportation and the State Department of Environmental Conservation.
C.
Public hearing. The Planning Board shall conduct a public hearing on the application for site plan approval. The public hearing shall be conducted within 45 days of the receipt of the application and shall be advertised in a newspaper of general circulation in the town at least five days before the public hearing.
D.
Required referral. Prior to taking action on the site plan, the Planning Board shall refer the site plan, when applicable, to the Ulster County Planning Board for advisory review and a report in accordance with §§ 239-l and 239-m of the General Municipal Law.
§ 116-51 Planning Board action on site plan.
Within 45 days of the receipt of an application for site plan approval or within 45 days of the conduct of a public hearing, whichever shall last occur, the Planning Board shall act on the site plan application.
A.
Action by resolution.
(1)
The Planning Board shall act by resolution to either approve or disapprove or approve with modifications the site plan application. A copy of the resolution shall be filed in the Town Clerk's office and mailed to the applicant within 10 days of the Planning Board's action. A resolution of either approval or approval with modifications shall include authorization to the Planning Board Chairman to stamp and sign the site plan upon the applicant's compliance with the submission requirements stated herein.
(2)
If the Planning Board's resolution includes a requirement that modifications be incorporated in the site plan, conformance with said modifications shall be considered a condition of approval. If the site plan is disapproved, the Planning Board's resolution shall state specific reasons for such decision. 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.
B.
Submission requirements for stamping. After receiving site plan approval, with or without modifications, from the Planning Board, the applicant shall, within six months, submit six prints and one reproducible Mylar of the site plan to the Planning Board for stamping and signature by the Chairman. The site plan submitted for stamping shall conform strictly to the site plan approved by the Planning Board, except that it shall further incorporate any revisions or other modifications required by the Planning Board and shall be accompanied by the following additional information:
(1)
Record of application for and approval status of all necessary permits from federal, state and county officials.
(2)
Detailed sizing and final material specification of all required improvements.
(3)
An estimated project construction schedule and, if a performance guaranty is to be provided by the applicant for all or some portion of the work, a detailed site improvement cost estimate.
C.
Effect of stamping by Planning Board. Upon stamping and signature by the Chairman, the Planning Board shall forward a copy of the approved site plan to the Building Inspector and the applicant. The Building Inspector may then issue a building permit or the Zoning Enforcement Officer may issue a certificate of occupancy or use, as applicable, if the project conforms to all other applicable requirements.
§ 116-52 Reimbursable costs.
Reasonable costs incurred by the Planning Board for private consultation fees or other extraordinary expense in connection with the review of a proposed site plan shall be charged to the applicant. Such reimbursable costs shall be in addition to the fee required in § 116-49B herein. Maximum amounts for such reimbursable costs by project type and size shall be in accordance with the fee schedule established and annually reviewed by the Town Board.
§ 116-53 Performance guaranty.
No certificate of occupancy or use shall 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. Such performance guaranty shall be posted in accordance with the procedures specified within § 277 of the Town Law relating to subdivisions. The amount and sufficiency of such performance guaranty shall be determined by the Planning Board after consultation with the Town Attorney, the Building Inspector, the Zoning Enforcement Officer, other local officials or its designated private consultants.
§ 116-54 Inspection of improvements.
The Zoning Enforcement Officer shall be responsible for the overall inspection of site improvements, including coordination with the Building Inspector, the town's private consultants and other local officials and agencies, as may be appropriate, on multifamily residential, large-scale recreational, institutional, commercial and industrial projects.
§ 116-55 Integration of procedures.
Whenever the particular circumstances of a proposed development require compliance with either another procedure in this chapter, the requirements of the Town Land Subdivision Regulations[1] or the requirements of the State Environmental Quality Review Act, the Planning Board may integrate, if it deems appropriate and to the extent of its authority under law, site plan review as required by this article with the procedural and/or submission requirements for such other compliance. Such integration of procedures may require, upon mutual written consent of the Planning Board and the applicant, reasonable modification of the time schedules otherwise stated in this article or in said related regulations or requirements.
§ 116-56 Relief from decision of Planning Board.
Any person or persons jointly or severally aggrieved by any decision of the Planning Board on a site plan approval application may apply to the Supreme Court of the State of New York for relief through a proceeding under Article 78 of the Civil Practice Law and Rules of the State of New York. Such proceedings shall be governed by the specific provisions of Article 78, except that the action must be initiated as therein provided within 30 days after the filing of the Board's decision in the office of the Town Clerk.