Somerset Town City Zoning Code
ARTICLE XVA
Site Plan Review
[Added 6-13-2000 by L.L. No. 2-2000]
§ 205-57 Purpose and intent.
[Amended 5-14-2013 by L.L. No. 2-2013]
It is the intention of this article to ensure the efficient use of land, consideration of potential impacts on the environment and their avoidance, wherever possible, and the promotion of high standards in the design, layout, landscaping and construction of development, and to ensure development conforms to the provisions of this chapter.
§ 205-57.1 Applicability; site plan required.
A.
No development shall occur within the Town of Somerset unless in accordance with the provisions of this article. No building permit, variance, special use permit or certificate of occupancy shall be issued until all requirements of this article have been satisfied and the site plan has been approved by the Planning Board.
B.
A site plan shall be submitted and required for the following:
(1)
Any development in a B, PUD, GI or I District that involves construction or addition requiring a building permit or the addition or improvement of parking spaces, utilities/roads or stormwater management.
(2)
Churches, private schools, institutional uses and recreational development where parking, landscaping or structures are involved.
C.
Exemptions.
[Added 5-14-2013 by L.L. No. 2-2013]
(1)
The following actions/projects have been deemed to be minor in nature, and if they are shown to meet the criteria in this section, will not require site plan approval as outlined in this article. The first criterion needed to be met to obtain this exemption from site plan approval is that an approved site plan representing the project site must be on file at the Town (valid site plan or building plan from previous construction on the site). If the project meets this criterion, requires no variances, and, in general, meets one or more of the following criteria, the project may not require site plan approval:
(a)
Additions to existing structures, new accessory structures or additions to accessory structures, of less than 1,000 square feet or which represent less than 10% of the existing structure as shown on the approved filed site plan, whichever is less.
(b)
Modifications to the exterior of the building.
(c)
Interior changes to a building or structure not requiring additional parking (as determined by the Code Enforcement Officer).
(2)
To obtain this exemption, the following process shall be followed. Upon application for a building permit, the Town's Code Enforcement Officer, utilizing a form created by the Town, will review the application and make a preliminary determination as to whether site plan review is required. This form, and the Code Enforcement Officer's determination, will be reviewed by the Town Engineer (or another person designated by the Town Board) and if both agree that the project does not site plan review, sign the form. This signed form will allow the applicant to proceed with acquiring a building permit. If it is determined that the project does not meet the criteria for an exemption, the project must be processed through the requirements of site plan approval outlined in this article.
§ 205-57.2 Site plan application.
A.
Sketch plan.
(1)
Presubmittal meeting. Prospective applicants for site plan review shall schedule a meeting with the Code Enforcement Officer and other appropriate individual(s) for identification of critical development issues and the appropriate information to accompany the application. Appropriate review agencies and Town officials will be identified for coordination and the SEQRA responsibilities will be provided. The Code Enforcement Officer may waive sketch plan requirements for small projects and institutional projects that would not benefit from sketch plan review.
(2)
Sketch plan.
(a)
All applicants for site plan review shall submit 10 copies of a sketch plan of the proposed development, an application with supportive information and a State Environmental Quality Review Act environmental assessment form (Part I) to the Code Enforcement Officer for review by the Planning Board. The submission will be reviewed for completeness and scheduled for Planning Board review by the Code Enforcement Officer.
(b)
The Planning Board will review the overall design concepts, development layout, infrastructure, natural features, neighborhood implications and prospective environmental issues to guide the site plan development. The Planning Board will also initiate the SEQRA process, if appropriate, and advise the applicant on the likely preparation of an environmental impact statement and a SEQRA hearing.
(c)
The Planning Board will assess the sketch plan and accept; accept with conditions; or reject the submission. Any conditions recommended by the Planning Board must be included in the formal application and shall be reflected in the site plan. Such conditions may include a variance or other zoning approval, which must be authorized prior to the submission of the formal site plan. Any reasons for disapproval of the sketch plan will be provided in writing to the applicant and would offer the minimum response for any reconsideration of a new sketch plan.
(3)
Sketch plan requirements. The sketch plan shall include the following minimum elements for consideration:
(a)
A boundary survey of the property certified by a licensed surveyor or engineer, including overall dimensions, acreage, owner(s), adjacent owner(s), rights-of-way and easements.
(b)
A location map of the property identifying the general area and adjacent roads.
(c)
Identification of major landforms, streams, steep slopes and natural features.
(d)
Approximate location of existing and proposed structures, parking and loading spaces, site access and circulation, utility connections, buffers for adjacent development, easements and other planned development at a scale of one inch equals 200 feet or greater.
(e)
Anticipated changes to the site with respect to topography/grading, flood hazard areas, drainage/stormwater management, vegetation/landscape and physical features of the site.
(f)
The zoning of the site, including any proffers of conditions thereto, and the zoning designation of properties surrounding the site.
(g)
Any other information as may be required by the Code Enforcement Office or Town Engineer to clarify the proposed development and/or aid the Planning Board in the evaluation of the application.
B.
Site plan.
(1)
Upon approval or approval with conditions of a sketch plan by the Planning Board, an applicant may prepare a formal site plan in accordance with this section and submit it to the Code Enforcement Officer for scheduling of a public hearing and formal consideration. Any conditions requested by the Planning Board in the sketch plan review must be addressed by the site plan and included, where appropriate. The site plan shall be prepared by an architect, landscape architect, engineer or surveyor licensed in New York State and certified with his or her original signature and seal.
(2)
The Code Enforcement Officer shall determine the completeness of the application for consideration by the Planning Board based on the following minimal information:
(a)
The location of the tract or parcel by means of an inset map at a scale not less than one inch equals 2,000 feet, indicating the names of adjoining roads, streams, bodies of water, railroads, subdivisions and landmarks sufficient to identify the location of the property.
(b)
A boundary survey of the property, plotted to scale, including the acreage and legal description thereof and the location of survey datum.
(c)
A certificate bearing the original signature of the surveyor or engineer, setting forth the source of title and the place of record of the last instrument in the chain of title.
(d)
Title of drawing, including the name and address of the applicant, the developer and person(s) responsible for preparation of the drawing.
(e)
Existing structures, roads, easements, utility lines, streams and drainageways, floodplain and wetland designations, natural features and landforms.
(f)
Existing topography at a maximum of two-foot intervals.
(g)
Zoning and present use of the property and surrounding properties; setback of existing development to the nearest property line.
(h)
A plan of the proposed site development at a scale of one inch equals 50 feet or larger that includes the following elements:
[1]
North arrow, scale and date.
[2]
Proposed streets and easements.
[3]
Location, type and size of vehicle entrances, including fire lanes. Any project located on a state highway, requiring a new or modified entrance, shall have a plan also depicting all existing driveways and roadways adjacent to and opposite from the proposed development. The plan shall also include driveway details showing driveway dimensions and curb radii, pavement markings and any necessary signage.
[4]
All off-street parking, loading and stacking, indicating surfacing, size and angle of stalls, width of aisles and the schedule of spaces to serve the proposed development.
[5]
Location of proposed structures, including number of floors, floor area, height, gross density (building square footage per total acres) and net density (building square footage per net acres, i.e., total acres minus setback and required conservation area), setback and proposed use of each structure.
[6]
Layout of proposed structures, including number of floors, floor area and height.
[7]
Proposed grading matched to existing contours and supplemented by finished floor, building and spot elevations, where appropriate.
[8]
Location, type and height of lighting, fencing, retaining walls and screen planting, where required, and signage.
[9]
Drainage channels and their direction of flow and stormwater management facilities.
[10]
Proposed utility connections and location, size and grade of sewer and water lines.
[11]
Refuse collection and removal areas and their screening from adjacent streets and properties.
[12]
Water and sanitary sewer profiles identifying the vertical and horizontal alignments, connection details to existing facilities, invert and rim elevations, pump stations and force mains, hydrants, valves, blowoffs, etc.
[13]
Pavement profile and details, including a typical cross-section of parking and drive areas, vertical and horizontal curves (where appropriate), entry and curb radii, handicapped parking designation and handicapped ramps and curbs.
[14]
Grading and drainage plan which incorporates stormwater management for the proposed development, including location, type and size of facilities and the identification of easements to accommodate existing and proposed drainage and management facilities; calculations of stormwater management and drainage shall be prepared by a professional engineer, in accordance with generally accepted engineering practices.
[15]
General landscape plan and planting schedule.
[16]
Summary of the proposed development, including uses, acreage, descriptions of the utility plans, projected traffic impact and circulation, site soils and zoning conditions that apply to the development. Any separate permits (state or federal) required for the development must be obtained prior to finalization of site plan approval. Proposed easement or right-of-way dedications must be provided on a separate plot map for recording.
§ 205-57.3 Site plan review procedures.
A.
Staff evaluation. An application for site plan review must be complete as specified in this section and submitted to the Code Enforcement Officer at least 30 days prior to the Planning Board meeting to provide adequate opportunity for review, distribution of notices and advertisement of necessary meetings. The Code Enforcement Officer is responsible for coordination of the review and may include the Town Engineer, Highway Superintendent and such other agencies in the review process, as appropriate, to advise the Planning Board. The application must be accompanied by the application form, application fees (as established by the Town Board), the plan as specified herein, supportive documentation, SEQRA environmental assessment form (Part 1) and any additional information as may be requested by the Code Enforcement Officer or the Town Engineer for consideration of the site plan. The evaluation shall include compliance with the Zoning Ordinance and this article, consistency with Town maps and plans for development review, compatibility with neighborhood development and conformance with general principles of site planning and engineering.
[Amended 5-14-2013 by L.L. No. 2-2013]
B.
Environmental review. Any application for site plan review must be accompanied by a completed environmental assessment form (Part 1) identifying the prospective impact resulting from the proposed development and demonstrating the opportunities or mitigation or planned revisions to avoid such impacts. It is assumed that the Planning Board will be lead agency for all applications, subject to SEQRA determination, and be responsible for the conduct of review procedures as required by SEQRA. Any obligations for fulfillment of the SEQRA regulations, including the satisfaction of procedures and the preparation and review of an environmental impact statement, if required, shall be borne by the applicant. A SEQRA (EIS) public hearing, if required, shall be coordinated with the site plan hearing and conducted simultaneously, where practical.
C.
Planning Board Review.
(1)
An applicant shall provide 10 copies, clearly legible, of the complete application to the Code Enforcement Officer for review by the Planning Board. The Planning Board shall review the site plan and make a determination based on the provisions of this article within 62 days of the public hearing, unless extended by the applicant. (This time period does not begin unless the SEQRA process is completed.) The determination shall be in the form of a written record of approval, approval with conditions or disapproval of the site plan and shall be filed with the Town Clerk.
(2)
The Planning Board may impose special conditions or modifications limiting the use or occupancy of the proposed land and development consistent with the intent and purposes of this chapter. Any conditions so imposed shall become a part of the site plan approval and must be satisfied prior to the issuance of any permits for development. No building or other development permit shall be issued for property that is subject to the site plan review process except in conformity with the approved plan for that site.
(3)
The Planning Board approval or denial and any conditions thereto shall be guided by the following general standards for site development:
(a)
Conformance with this chapter, adopted Town development plans, an approved development plan that includes the subject site, if one exists, and all other applicable laws.
(b)
Compatibility of the proposed development with the natural features of the land, the topography and the environmental attributes of the site.
(c)
The general layout and design of buildings, light, signage, open space and development features consistent with reasonable planning principals.
(d)
The location and design of vehicular entrances/exits, including emergency access and fire lanes, in relation to the street system, traffic circulation and control within the site; and coordination of access points and circulation with adjoining properties.
(e)
The provision and protection of pedestrian movement on the site and their coordination with adjoining properties and the street system (handicapped accessibility as required).
(f)
The location and adequacy of parking, loading and stacking areas, including the provision of opportunities for handicapped parking.
(g)
Provisions of landscape, screening and buffers to complement development and protect adjacent uses from unsightliness, noise, glare and other nuisances. Such elements shall also be used to promote the availability of green space in nonresidential development and recreation space in residential development to avoid a continuous pavement or building environment.
(h)
Adequate provision for drainage and stormwater management facilities.
(i)
Adequacy of sewer and water facilities, fire protection and conformance with Town regulations for the provision and construction of those services.
(j)
The concurrence of Town agencies, New York State Department of Transportation, New York State Department of Environmental Conservation and other county or state agencies, as appropriate.
§ 205-57.4 Required improvements.
In furtherance of the purposes of this chapter and to assure the public safety and general welfare, the Planning Board may require the following improvements:
A.
The designation of pedestrian walkways or sidewalks for the safe, convenient movement of patron(s) from building to building within the site and to adjoining sites.
B.
The dedication of rights-of-way and easements for all facilities which may become publicly maintained for full frontage of the lot or parcel prior to the issuance of any certificate of occupancy.
C.
The construction of off-site curbs, gutters, sidewalks and road widening or construction as shown in the Town of Somerset Highway Construction Standards,[1] and any amendments thereto.
[1]
Editor's Note: See Ch. 114, Highway Construction Standards.
D.
The construction of curbs, gutters and drives which will permit vehicular travel on the site, and their connection to and from adjacent parking areas and properties.
E.
Screening, fencing, walls, berms and plantings adequate to screen views in accordance with requirements of this chapter for adjacent subdivisions, contrasting development of less intensity and state highways of limited access. Designated plantings and landscaping shall be in accordance with the approved schedule and annually maintained by the property owner.
F.
Adequate sewer, water and stormwater drainage facilities in accordance with Town regulations, including lines, connections, retention facilities, valves, hydrants and other facilities.
§ 205-57.5 Performance bond.
Prior to the issuance of any building permit or authorization for development of any portion of the site, there shall be executed by the owner or developer an agreement to construct the required physical improvements located within public rights-of-way and easements together with a bond securing the estimated cost of said improvements and necessary legal and engineering fees as determined by the Code Enforcement Officer. The agreement and bond shall be adequate to provide for the completion of all work covered therein plus an additional 20% for administration and services should execution of the bond be necessary. The reservation of performance offered by the bond may be released in phases by the Code Enforcement Officer as entire components of the work are concluded, inspected and approved as complete.
§ 205-57.6 Site plan revisions; extension.
A.
No change, revision or modification to any approved plan may be made without the authorization of the Planning Board after due consideration of a written request. Minor changes which do not affect the site facilities or the intent of the site plan may be authorized by the Code Enforcement Officer. Any site plan may be formally revised in the same manner and utilizing the same process as originally approved by the Planning Board, including fees and hearings as required.
B.
Approval of a site plan authorized under this article shall expire within one year from the date of approval unless building permits have been obtained for the proposed development. A single extension of six months may be granted after consideration by the Planning Board prior to the expiration of the site plan.
C.
Any application which has been inactive, incomplete or which has not had a building permit application for a period of six months shall be subject to termination by the Code Enforcement Officer, and the applicant must reapply to be considered further.
§ 205-57.7 Inspections; certificate of occupancy.
A.
Upon satisfactory completion of all required improvements shown on the approved site plan, an "as-built" plan shall be submitted for the review and approval of the Code Enforcement Officer at least two weeks prior to the occupancy of the building. Such plan shall include the record of all progress and final inspections for the installation of all on-site and off-site improvements as approved by the Code Enforcement Officer or certified by a licensed engineer. The completion of "as-built" plans and the successful inspection reports shall be the basis for releases of any performance bond or portion thereof as it relates to the public improvement(s) and excluding any private improvements that may be part of the project.
B.
A final occupancy permit may be issued for any appropriately completed building, or portion thereof, located on a part of any approved site plan, provided that:
(1)
"As-built" plans have been submitted and approved for the required improvements on the site plan that relate to and provide services to the requested building for occupancy;
(2)
All inspections and conditions that are required for the service and support of the building requested for occupancy have been successfully completed and are certified for use by the proposed use(s) being requested;
(3)
Any off-site improvements related to and necessary to service the requested building for occupancy have been completed and successfully inspected; and
(4)
Any remaining on-site construction will not adversely affect the occupants or the intended use of the building requested for occupancy.