Southeast City Zoning Code
ARTICLE IX
Site Plan Review and Approval
§ 138-41 Application procedures.
[Amended 4-17-1997 by L.L. No. 5-1997; 4-24-2003 by L.L. No. 7-2003; 11-18-2004 by L.L. No. 16-2004; 11-16-2006 by L.L. No. 12-2006; 7-12-2007 by L.L. No. 4-2007; 12-20-2007 by L.L. No. 9-2007; 3-24-2011 by L.L. No. 2-2011; 6-23-2011 by L.L. No. 6-2011; 2-26-2015 by L.L. No. 3-2015; 5-7-2015 by L.L. No. 4-2015; 8-20-2015 by L.L. No. 7-2015; 3-21-2024 by L.L. No. 2-2024]
Applications for site development shall be submitted to the Southeast Planning Board, except that applications for site development for large retail establishments, including other uses proposed as part of the same overall master plan as the large retail establishment, shall be submitted to the Southeast Town Board according to the standards as set forth in this article and to the additional standards, where applicable, in Articles IV and X.
A.
Sketch plan. Prior to a formal submission, the applicant should meet in person with the Planning Board and/or their designated representative to discuss the proposed site development plan in order to determine the requirements which should be incorporated in the development and submission of the site development plan.
B.
Submission in three stages. A site plan of any proposed development of land, prepared by a registered architect, licensed landscape architect, licensed land surveyor, professional planner and/or professional engineer, shall be submitted to the Planning Board for approval. The plan shall normally be in three stages:
C.
Simultaneous submissions. An applicant may, however, submit and seek approval with the consent of the Planning Board for any or all of the three plans simultaneously. If there is not a simultaneous submission, the Planning Board may also accept a sketch plan layout not prepared by a registered professional as noted above, provided that the preliminary and final plans are so prepared.
D.
Fees.
(1)
All submissions for site plan approvals shall be accompanied by a fee to pay for the costs of the planning and engineering review.
(2)
The fees shall be as established in the Town of Southeast Schedule of Fees. These fees are due on or before the date of review by the Planning Board.
(3)
Environmental fees. These fees do not cover the cost of an environmental impact statement. The applicant shall be responsible for the total cost of environmental reviews that are determined to be necessary to meet the requirements of the State Environmental Quality Review Act (SEQRA).[1]
(4)
Final plan. Necessary inspection fees shall be billed at cost to the applicant.
E.
Required submissions. At least 15 working days in advance of the Planning Board meeting at which a site plan is to be presented, the information enumerated below must be submitted as required to the Secretary of the Planning Board, in 10 copies, along with a letter of application. The information to be submitted and which in total constitutes a site development plan is as follows:
(1)
Sketch plan:
(a)
Application forms in the following number and format set forth the "Planning Board's Schedule of Document Submission" available in the office of the Planning Board's administrative assistant.
(b)
Legal data:
[1]
The names of all owners of record of all adjacent properties and the lot, block and section number of the subject property, all as shown on the Town's Official Assessment Maps.
[2]
Existing school, zoning and special district boundaries.
[3]
Boundaries of the property, building or setback lines as required in this chapter and lines of existing streets and adjoining lot, as shown on the Town's Official Assessment Maps. Reservations, easements and areas dedicated to the public use, if known, shall be shown.
[4]
A list of all property owners within 500 feet of the zoning lot.
(c)
General project site development:
[1]
A map showing the applicant's entire property and adjacent properties and streets, at a convenient scale, but not less than 200 feet to the inch, including the approximate location and dimensions of all existing and proposed structures add the location of all existing structures on adjacent properties and within 100 feet of the site boundary.
[2]
All existing and proposed paved areas.
[3]
The existing topography, lawns, meadows, shrubs and trees (general locations), watercourses and bodies of water, wetlands, rock outcrops and other prominent physical features.
[4]
Areas to be left undisturbed by earth-moving machines.
[5]
The existing pedestrian and vehicular circulation diagram for the site and immediate area.
[6]
The name and address of the applicant and other planners, engineers, architects, surveyors and/or other professionals engaged to work on the project. Where the applicant or owner is a corporation, the Planning Board may require the names and addresses of all officers, directors and principal stockholders of said corporation.
(2)
Preliminary plan:
(a)
Legal data as set forth in Subsection E(1)(b). Site maps submitted for preliminary approval should be at a scale of not less than 50 feet to the inch.
(b)
Existing conditions: the location of existing buildings, watercourses, marshes, rock outcrops, wooded areas, single trees with a diameter of eight inches or more, measured three feet above the base of the trunk, and other significant existing features on the premises and within a distance of 200 feet of all property lines thereof.
(c)
Development data:
[1]
Statement of use: a written statement in the number and format set forth the "Planning Board's Schedule of Document Submission" available in the office of the Planning Board's administrative assistant certified by the applicant, describing in detail the nature and extent of the proposed use and occupancy, the provision to be made for water supply, sewage traffic generation and the impact upon adjoining property, the neighborhood and community facilities and services. The statement of use shall include a schedule indicating the area of the lot, the floor area of buildings and structures, the ground coverage by buildings and structures, the total ground coverage by buildings and other structures, paving and outside storage areas and the computations of required off-street parking and loading spaces.
[2]
Site plans: preliminary plans in the number and format set forth the "Planning Board's Schedule of Document Submission" available in the office of the Planning Board's administrative assistant, 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; title of development, date, North point, scale, name and address of record owner and of the engineer, architect, land planner or surveyor preparing the site development plan, as well as the following:
[a]
All means of vehicular access and egress to and from the site onto public streets.
[b]
The location and layout of any off-street parking or loading areas.
[c]
The location of all proposed waterlines, valves and hydrants and sewer lines or of alternative means of water supply and sewage disposal and treatment.
[e]
Preliminary grading and landscaping plan with contours at an interval not exceeding two feet, or equivalent ground elevations and the location, depth and results of soil samples, test borings, test pits and seepage tests.
[f]
The extent and amount of cut and fill for all disturbed areas, including before and after profiles of typical development areas, parking lots and roads.
[g]
A stormwater pollution prevention plan prepared in compliance with Chapter 119, Stormwater Management and Erosion and Sediment Control.
[h]
The proposed location, size, color and illumination of proposed signs.
[i]
An erosion and sediment control plan prepared in compliance with Chapter 119, Stormwater Management and Erosion and Sediment Control.
[j]
The location of all existing and proposed site improvements, including drains, culverts, retaining walls and fences.
[k]
The location of any outdoor storage, including solid waste receptacles.
[l]
Detailed breakdowns of all proposed floor space by type of use.
[m]
In an OP-1, OP-2, OP-3, ED-1 or ED-2 District, specific uses proposed, number of employees for which buildings are designed, type of power to be used for any manufacturing process, type of wastes or by-products to be produced by any manufacturing process and the proposed method of disposal of such wastes or by-products.
[n]
An aerial photograph at a scale of no less than one inch to 200 feet showing the project site and surrounding areas within 300 feet of the property.
[3]
Environmental assessment form in the number and format set forth the "Planning Board's Schedule of Document Submission" available in the office of the Planning Board's administrative assistant. No application shall be deemed complete without compliance with the State Environmental Quality Review Act (SEQRA).[2]
[4]
Architectural plan. Architectural plans of all proposed buildings, structures, signs and outdoor storage facilities, which plans may be preliminary in form but shall include exterior building materials, color, height, bulk, roofline, ornamentation, interior uses and general character and with the exception of signs and outdoor illumination facilities, shall be prepared by and bear the seal of an architect or professional engineer licensed to practice in the State of New York. Such plans shall be submitted in the number and format set forth in the "Planning Board's Schedule of Document Submission" available in the office of the Planning Board's administrative assistant and meet the approval of the Planning Board.
[5]
The preliminary landscaping plan as set forth in § 138-50D(1).
[6]
Photo-simulation/rendering requirement. For any application involving new construction or significant exterior modifications to an existing structure, to assist in review and understanding of a proposed application, the Planning Board shall require the applicant to submit a photo-simulation or 3-D rendering or model of the proposed project, in context with the proposed grading and landscaping.
(3)
Final plan:
(b)
Development data submitted in the number and format set forth the "Planning Board's Schedule of Document Submission" available in the office of the Planning Board's administrative assistant:
[1]
Statement of use.
[2]
Final plan sets, including site plan, floor plans, elevations and sections of proposed structures.
[3]
Final grading plans and landscaping plans in accordance with § 138-50D(2).
[4]
Draft environmental impact statement, if required.
[5]
A written program setting forth the proposed sequence and time schedule for construction, completion and occupancy of the various elements and any phases of the project.
(4)
Filing of approved plans. Upon final approval, the applicant shall provide to the Town of Southeast Planning Board one digital device containing a full set of approved plans; one full set of final full-sized plans; and two copies of the final plans on 11-inch by 17-inch, or similar, paper, with a graphic scale indicated (to allow for scale measurements of photo-reduced drawings), for the Planning Board Chairman's signature.
F.
Additional submissions. Where due to special conditions peculiar to a site or the size, nature or complexity of the proposed use or development of land or buildings, the Planning Board finds that the additional information is necessary for proper review of the site plan, the Board may request additional pertinent information, including;
(1)
A survey of subject property having an error of closure not in excess of one in 10,000 and indicating all lengths in feet and decimals of a foot and all angles to the nearest 10 seconds or closer if deemed necessary by the surveyor.
(2)
A copy of any covenants or deed restrictions that are intended to cover all or any part of the tract.
(3)
The location of existing water mains, culverts and drains on the property, with pipe sizes, grades and direction of flow.
(4)
All proposed lots, easements and public and community areas.
(5)
The names of any streets shown on such site plan shall be referred to the Town Assessor for approval and, if deemed necessary by said Assessor in the case of new street names, to the Town Board. The house numbering of any parcel or structure shown on such site plan shall be determined by the Assessor and shown on the site plan outside the lot line or in front of the proposed lot or structure, as the case may be. After final approval has been granted by the Planning Board for the proposed site plan, a copy of such final plan, including street names and house numbers, shall be provided to the Brewster Postmaster, the Brewster Fire Department and the Putnam County Sheriff.
G.
Exceptions. In appropriate circumstances, the Planning Board may waive the provision of any items of information listed in Subsection E, Required submissions.
H.
Referral to other agencies. Site plans within 500 feet of state or county facilities shall be immediately referred by the Planning Board to the Putnam County Department of Planning, Development and Public Transportation. Any plans showing access to a state road shall be referred to the State Department of Transportation. Sites including state-designated wetlands or within 100 feet of state wetlands shall be referred to the State Department of Environmental Conservation. Sites that include or abut any wetlands, as defined by Chapter 78 of the Town Code, or sensitive ecological areas such as reservoirs and aquifers that are identified in the environmental assessment form (EAF), shall be referred to the Town Wetlands Inspector. Sites within 300 feet of a reservoir or 100 feet of a watercourse or state-designated wetland shall be referred to the New York City Department of Environmental Protection. Sites located within an historic district designated in Chapter 83 or that include historic structures designated in Chapter 83 shall be referred to the Historic Sites Commission for review. Applications that require Architectural Review Board review per § 3-3 of the Town Code shall be referred to the Architectural Review Board. Recommendations shall be requested from these agencies within 30 days from the time of submission of the site plan to the Town.
I.
Action by the Planning Board. The Planning Board shall review the site development plan and act on the application within 45 days after the time of receipt of a completed application and supporting documents. This time may be extended to 60 days if reports have not been received from other agencies. Failure on the part of the Planning Board to act shall be deemed to constitute approval, unless the time limit is further extended by stipulation with the applicant. For final plans the Board shall act within 45 days or when a final environmental impact statement has been accepted if such a statement was required in conformance with the regulations of the State Environmental Quality Review Act.[3]
J.
Waiver of required information and parking requirements. Upon a finding by the Planning Board that due to special conditions peculiar to a site, certain of the information normally required as part of the site plan is inappropriate or unnecessary, the Board may vary or waive such requirements wherever, in the opinion of the Board, such variance or waiver will not have the effect of nullifying the intent and purpose of the site plan submission. The Planning Board is specifically authorized to increase or decrease parking requirements and their construction schedule by up to 15% if specific conditions can be shown to warrant it and those conditions are contained in written findings of the Planning Board pursuant to § 138-71.
K.
Performance bonds. The applicant may be required to post performance bonds in sufficient amounts and duration to assure that all streets or other public places shown on the site plan shall be suitably graded and paved and that street signs; sidewalks; streetlighting standards; curbs; gutters; street trees; water mains; fire alarm signal devices, including necessary ducts and cables or other connecting facilities; sanitary sewers; and storm drains or combined sewers shall all be installed in accordance with standards, specifications and procedures acceptable to the Planning Board.
L.
Public hearing. A public hearing shall be required prior to preliminary approval. At its discretion, the Planning Board may waive the requirement for a public hearing for a minor project.
M.
Expiration. A site plan shall be void if construction is not started within one year and substantially completed within the applicant’s projected schedule of construction as approved by the Planning Board, except that such site plan approval may be renewed once a maximum of three times by the Planning Board at its discretion. In considering a site plan renewal, the Planning Board shall evaluate whether any significant changes to the Town’s Comprehensive Plan or Zoning Code have occurred since the issuance of the original approval. Should the Planning Board determine that the site plan is substantially noncompliant with the Comprehensive Plan or Zoning Code, the Planning Board may deny the site plan renewal, and the applicant may file an amended site plan application. Each site plan renewal shall be valid for one year. The applicant should apply for such renewal at least 60 days prior to the expiration date of the approval of the site plan. Site plans that have expired shall not be eligible for renewal. The Town Board may establish an annual site plan renewal fee.
§ 138-41.1 Approvals for large retail establishments.
[Added 2-26-2015 by L.L. No. 3-2015]
Notwithstanding any other provision of the Town Code, the Town Board shall have approval authority for all discretionary permits and approvals, of whatever kind, needed for the construction of a large retail establishment and other uses proposed as part of the same overall master plan as the large retail establishment. The Town Board, in its discretion, may consult with any other Town board, commission, committee or officer whom the Town Board deems necessary and appropriate. The Town Board, in its consideration of applications for discretionary permits and approvals, shall follow the procedure of the approval authority that otherwise would have decided the application. For purposes of this section, discretionary permits and approvals shall mean those permits and approvals which are granted at the discretion of the approving authority and excluding ministerial permits and approvals which must be granted upon the applicant's compliance with the relevant requirements under the Town's laws and regulations.
§ 138-42 Special permits.
For uses permitted in a district subject to the securing of a special permit, the application shall be accompanied by an application for such special permit and by a site plan as specified in § 138-41.
§ 138-43 Additional information.
When requested by the Building Inspector, the application for a building permit and certificate of occupancy shall be accompanied by other plans, drawings, data and documents necessary for him to determine compliance with the provisions of this chapter.
§ 138-44 Public notice.
[Amended 7-16-1998 by L.L. No. 4-1998]
A.
Sign.
(1)
Each applicant for approval of a site plan or a special permit, for authorization of a planned subdivision plat or for granting of certain variances from this chapter and each petitioner requesting amendment of the Zoning Map shall post a sign on the property referenced in such application on or before the seventh day following the applicant's submission of such application or petition. Such sign shall be at least 30 inches by 20 inches in size, consisting of sturdy, weather-resistant and serviceable material and containing a white background with black letters, and shall be placed in a location plainly visible and easily readable from the most commonly traveled street or highway upon which the property fronts. Such sign shall be at least six feet above the ground and in legible lettering at least two inches high and shall read as follows:
[Amended 5-7-2015 by L.L. No. 4-2015]
ON THIS SITE A (describe action set forth in application or petition, e.g., an application for a variance to permit an automobile service station) IS PENDING. INFORMATION CONCERNING THIS APPLICATION MAY BE OBTAINED FROM THE TOWN OF SOUTHEAST (in the case of a site plan, special permit or planned subdivision plat application, insert PLANNING BOARD ADMINISTRATOR, ONE MAIN STREET, BREWSTER, NY; in the case of zoning variance applications, insert ZONING BOARD ADMINISTRATOR, ONE MAIN STREET, BREWSTER, NY; in the case of petitions requesting amendment to the Zoning Map, insert TOWN CLERK, TOWN HALL, 1360 ROUTE 22, BREWSTER, NEW YORK). | |
(Identify applicant or applicant's agent by name, address and telephone number) |
(2)
In the event that the applicant shall appear before more than one Board, the wording of the sign may be such so as to give notice of such other application(s). Prior to review of the application or petition, the applicant shall file with the appropriate Board an affidavit certifying to the fact and date of said posting. Such sign shall be removed from the subject premises within 10 days after a final resolution approving or denying the particular application has been adopted by the Planning Board.
(3)
When the owner of a single-family residence lot located in a residential zone has made application to the Zoning Board of Appeals for a variance from the provisions of this chapter, the provisions of this section regarding the posting of a sign shall apply only when such application is for a use variance or requires site development plan approval pursuant to § 138-17B(3).
B.
Each applicant for approval of a site plan or a special permit, for authorization of a planned subdivision plat or for granting of a variance from this chapter, and each petitioner requesting amendment of the Zoning Map, shall mail notice to property owners as follows:
(1)
Such notice shall be mailed, as applicable, not less than 10 days prior to the date of the public hearing scheduled by the Town Board concerning any special permit under Article X or any petition requesting amendment of the Zoning Map, prior to the date of any public hearing scheduled by the Zoning Board of Appeals, prior to the meeting of the Planning Board at which time the Board makes a determination concerning a site plan and prior to the meeting of the Town Board at which a planned subdivision is authorized under Article VIII.
(2)
Such notice shall be in a form approved by the Town Board, including no less than:
(a)
The name of the applicant.
(b)
The location of the lot or land to which the petition or application pertains.
(c)
The provision of this chapter under which the application is made.
(d)
A brief description or identification of the proposal.
(e)
When applicable, the date, time and place of any public hearing to be held and the name of the agency holding the hearing.
(3)
Notification of nearby property owners.
(a)
Except as otherwise provided herein, the notice shall be sent by United States Postal Service certified or registered mail, return receipt requested, to the owners of all lots within the State of New York, including the Village of Brewster, within 500 feet of the lot or land to which the application or petition pertains, except that the owner of a single-family residential lot applying for area variances shall mail said notice to property owners within the following proximity:
[Amended 8-26-2010 by L.L. No. 4-2010; 5-19-2016 by L.L. No. 4-2016]
[1]
If the subject property is located partially or wholly within a commercial zoning district or partially within an R-160 or R-80 Zoning District: 500 feet.
[2]
If the subject property is located partially or wholly within an R-40 or R-60 Zoning District: 300 feet.
[3]
If the subject property is located partially or wholly within an R-20 Zoning District: 100 feet.
[4]
If the subject property or structure is wholly located within a parcel of property owned in common by a cooperative corporation and the subject property is owned and occupied pursuant to proprietary leasehold, notice shall be given to such cooperative corporation and to the record owner of proprietary leases immediately adjacent to the subject property or structure. In the event the subject property or structure is located within 50 feet of the cooperative corporation's boundary line, the owners of property abutting the cooperative corporation's boundary and within 100 feet of the subject parcel or structure shall be given notice.
[5]
If the subject property lies adjacent to, or in the event the relative proximity of a cooperative housing corporation to the subject property requires the giving of notice of an application to owners within the cooperative housing corporation, notice shall be deemed sufficient if given to the board of directors of the cooperative housing corporation in the manner prescribed herein. If the subject property lies within a cooperative housing corporation, notice shall be deemed sufficient if given to the owners of record of the immediately adjacent tax lots (where artificial tax lot splits exist) or to leaseholders immediately adjacent to the subject property within the cooperative housing corporation and to the board of directors of such cooperative housing corporation.
[Amended 2-6-2020 by L.L. No. 1-2020]
[6]
If the subject property lies within or adjacent to, or in the event the relative proximity of a condominium housing development to the subject property requires the giving of notice of an application to owners within the condominium housing development, notice shall be deemed sufficient if given by certified mail, return receipt requested, to the managing agent of the condominium housing development and by regular mail to those individual property owners otherwise entitled to notice pursuant to Subsection B(3)(a)[1] through [5] hereof.
(b)
The owners of the lands or properties to receive notice hereunder and their addresses shall be as indicated in the current records of the Tax Assessor of the Town or the Tax Assessor of any adjacent taxing jurisdiction, and the applicant shall be permitted to rely on such information as accurate.
(4)
At the time of the public hearing by the Town Board, the Zoning Board of Appeals or the Planning Board concerning a site plan or of the Town Board concerning a planned subdivision plat, the applicant shall provide to such agency a copy of the required notice, a list of the owners of all lots to whom such notice was mailed and either an affidavit that the mailing was completed, as requested herein, or copies of all mailing receipts.
§ 138-45 Site plan approval.
A.
No building permit may be issued for any building within the purview of this section, except in conformance with an approved site plan, also known as a "project development plan." No certificate of occupancy may be issued for any building or use of land within the purview of this section unless the building is constructed or used or the land developed or used in conformity with an approved site development plan.
B.
All site plans, including site plans necessary for special permits or variances, shall require approval by the Planning Board and shall be required in all districts for:
(1)
The erection or enlargement of any building or other structure, other than one- or two-family dwellings.
[Amended 11-18-2004 by L.L. No. 16-2004]
(2)
All uses of open land for which a certificate of occupancy is required.
(3)
Any amendment of a previously approved site plan.
(4)
Any change of use that includes alterations to the exterior of any building or structure, site improvements, or changes in site grading, or that, by virtue of the new use, would result in any increase in consumption of water, production of wastewater, or the generation of traffic.
[Added 11-18-2004 by L.L. No. 16-2004]
C.
No property owner with an application for site plan approval pending before the Planning Board may make alterations to the land (including, but not limited to, grading, clearing, or excavating) or any structure on the land, unless otherwise permitted by a previously approved permit or site plan approval, the alterations are required to complete technical investigations in support of the site plan application, or until final approval of the pending site plan application has been granted by the Planning Board and all conditions thereto have been met; except that upon receipt of preliminary site plan approval from the Planning Board, a property owner may seek authorization from the Planning Board to clear trees within the proposed limits of disturbance subject to the requirements of Chapters 78 and 119 of the Town Code, and the establishment of a tree restoration bond set by the Planning Board in consultation with the Town Engineer. Alterations to the land made for the purpose of permitted technical investigations must be done with the minimum amount of disturbance and clearing possible and require 72 hours' written notice to the Town Code Enforcement Officer, who shall determine whether the proposed disturbance required for the investigations is within reasonable limits of disturbance for the purpose intended.
[Added 11-18-2004 by L.L. No. 16-2004; amended 11-30-2023 by L.L. No. 11-2023]
§ 138-46 General criteria and standards.
The following criteria and standards shall be used by the Planning Board in reviewing applications for site plan approval:
A.
Comprehensive Plan. The site plan shall be in conformance with the purpose and intent of any comprehensive master plan of development or supplement or amendment thereto adopted by the Planning Board pertaining to the area in which the use is to be located.
B.
Neighborhood. The use of land and buildings and other structures, the location and bulk of buildings and other structures and the development of the lot shall be of a character as to harmonize with the neighborhood, to accomplish a transition in character between areas of unlike character, to protect property values in the neighborhood and to preserve and enhance the appearance, scale and beauty of the neighborhood.
C.
Existing streets. Where the lot has frontage on an existing street, proper provision shall be made for grading and improvement of shoulders and for provision of curbs and sidewalk areas within the right-of-way of the street and for provision of curbs and sidewalks in accordance with the pattern of development along the street. Where necessary to provide for suitable access or for a system of neighborhood circulation streets, provision shall also be made for appropriate continuation and improvement of streets terminating at the lot where the use is to be located. ADA compliant curb ramps shall be provided at all intersections, crosswalks, and driveway crossings.
[Amended 4-9-2020 by L.L. No. 4-2020]
D.
Vehicular access. Provision shall be made for vehicular access to the lot in such a manner as to safeguard against hazards to traffic and pedestrians in the street and on the lot and to avoid traffic congestion on the street. Access shall also conform to the following:
(1)
Where alternate access is available, the vehicular access to the lot shall be arranged to avoid traffic use of local residential streets situated in or bordered by existing residential neighborhoods.
(2)
Where a lot has frontage on two or more streets, the access to the lot shall be provided to the lot across the frontage and to the street where there is lesser potential for traffic congestion and for hazards to traffic and pedestrians.
(3)
The street giving access to the lot shall have traffic-carrying capacity to accommodate the amount and types of traffic generated by the proposed use.
(4)
Where necessary to safeguard against hazards to traffic and pedestrians and/or to avoid traffic congestion, provision shall be made for turning lanes, traffic directional islands, frontage road driveways and traffic controls within the street.
(5)
Vehicular access shall be of a design and have sufficient capacity to avoid backup of entering vehicles within any street.
(6)
Vehicular access shall achieve maximum practicable distance from street intersections and from existing and proposed access connections to adjacent properties. The Planning Board shall have the right to restrict access to one point or to require shared vehicular access in order to minimize the number of curb cuts.
(7)
Vehicular access into the lot shall not exceed a grade of 10% and shall meet the street line and travel way of the street in such a manner as to conform to the standard cross-section for the street as may be specified by Town ordinance.
E.
Pedestrian safety. Insofar as practicable, pedestrian and bicycle circulation shall be separated from motor vehicle circulation. Safe and convenient pedestrian circulation, including appropriate sidewalks and curb ramps, shall be provided on the site and its approaches. The pedestrian circulation plan shall be designed to minimize adverse effects of vehicular traffic upon sidewalks and bicycle paths.
[Amended 4-9-2020 by L.L. No. 4-2020]
F.
Parking and loading. Off-street parking and loading spaces shall be provided in accordance with the provisions of Article XI and the landscape standards of § 138-50. The location, width and layout of interior drives shall be appropriate for the proposed interior circulation. The location and layout of off-street parking and loading spaces shall provide for efficient circulation and the safety of pedestrians and vehicles. Insofar as practicable, separate rows or aisles in parking areas shall be divided by trees, shrubbery and other landscaping devices. Sidewalks, curb ramps, crosswalks, and other pedestrian safety and accessibility features shall be provided as applicable to ensure safe access to proposed buildings, structures, and parking areas. The location of parking areas shall not detract from the design of proposed buildings and structures or from the appearance of the existing neighboring buildings, structures and landscape. Provision shall be made for access by police, fire and emergency vehicles.
[Amended 4-9-2020 by L.L. No. 4-2020]
G.
Drainage.
(1)
Provision shall be made on the lot for the management of stormwater, including collection and disposal thereof in the following manner:
(a)
To assure the usability of off-street parking and loading spaces.
(b)
To avoid hazards to pedestrians and vehicular traffic on the lot and in any street.
(c)
To avoid stormwater flow across sidewalks and other pedestrian ways.
(d)
To protect watercourses and wetlands from pollution, erosion and sedimentation.
(e)
To avoid an amount of discharge and time of concentration of flow beyond the capacity of downstream drainage channels.
(f)
To avoid downstream flooding.
(2)
Provision shall also be made for the protection or improvement of existing watercourses, channels and other drainage systems on the lot or downstream from the lot, as needed to accept the proposed drainage discharge, based on sound design criteria under good engineering practice, taking into account the drainage requirements of the entire watershed in which the lot is located.
H.
Sanitation. Proper provision shall be made for the water supply and sewage disposal requirements of the proposed use. Central water supply and/or sewage disposal systems and private on-site systems shall be designed and constructed in accordance with applicable county and/or state law. In addition, provision shall be made for:
I.
Fire protection. Proper provision shall be made for fire protection, taking into account any recommendations of the Board of Fire Commissioners, and including the following:
(1)
Suitable location for and access to fire hydrants and/or fire ponds and other water storage.
(2)
Suitable access to buildings and storage areas for operation of fire-protection vehicles and equipment.
(3)
Sufficient controls on traffic and parking to permit access by fire-protection vehicles in emergencies.
(4)
Adequate circulation driveways within the lot, coordinated with access to other lots to permit access by fire-protection vehicles.
J.
Utility services. Electric, telephone and other wire-served utility lines and service connections shall be underground insofar as feasible and subject to state public utility regulations. Any utility installations remaining above ground shall be located so as to have a harmonious relation to neighboring properties and to the site. Utility services, such as air-conditioning units, that are located on building rooftops, shall be adequately screened from the views from adjacent properties and abutting streets.
K.
Ecological considerations. The development shall consider the following insofar as practicable:
(1)
Critical areas. Development shall result in minimal degradation of unique or irreplaceable land types and in minimal adverse impact upon the critical areas such as streams, wetlands, areas of aquifer recharge and discharge, steep slopes, highly erodible soils, areas with a high-water table, mature stands of vegetation and extraordinary wildlife nesting, feeding or breeding grounds.
(2)
Erosion and sedimentation. Provision shall be made for control of erosion and sedimentation and for avoiding siltation of streams and wetlands, both during construction and upon completion thereof.
(3)
Landscape. The landscape shall be preserved in its natural state, insofar as practicable and environmentally desirable, by minimizing tree and soil removal. If development of the site necessitates the removal of established trees, special attention shall be given to the planting of replacements or to other landscape treatment. Any grade changes shall be in keeping with the general appearance of neighboring developed areas.
(4)
Relation of proposed structures to environment.
(a)
Proposed structures shall be related harmoniously to themselves, the terrain and to existing buildings and roads in the vicinity that have a visual relationship to the proposed structures. The achievement of such harmonious relationships may include the enclosure of space in conjunction with other existing buildings or other proposed buildings and the creation of focal points with respect to avenues of approach, terrain features or other buildings.
(b)
Proposed structures shall be so sited as to minimize any adverse impact upon the surrounding area and particularly upon any nearby residences, by reason of:
(5)
Scenic, historic, archaeological and landmark sites. Scenic, historical, archaeological and landmark sites and features that are located on or adjacent to the proposed development shall be preserved and protected insofar as practicable.
(6)
Noise. All applicable federal, state and local regulations dealing with the control of outside noise which is expected to be generated at the site shall be complied with.
(7)
Advertising features. The size, location, height, design, color, texture, lighting and materials of permanent signs and outdoor advertising structures of features shall not detract from the design of proposed buildings and structures or of the surrounding properties. Signs shall be in accordance with Article XII of this chapter.
(8)
Lighting. The location, height, design, arrangement and intensity of outside lighting, including the illumination of signs, shall avoid discomfort and glare on the lot, on any other lot and in any street. Such lighting shall also avoid hazards to traffic and shall harmonize with the neighborhood.
L.
Outside storage.
[Amended 11-18-2004 by L.L. No. 16-2004; 2-19-2015 by L.L. No. 1-2015]
(1)
Outside storage areas shall be subject to such setbacks, screen plantings or other screening methods as shall reasonably be required to prevent any adverse effect upon the environment or nearby property. The Planning Board is authorized to grant approval to screening structures that exceed the minimum requirements of this chapter. The Planning Board is authorized to permit the installation of a fence that exceeds the maximum height requirements within the setback area and up to six feet tall, provided that the fence does not cause a health, safety, or traffic risk, and would improve the appearance of the outside storage area.
(2)
Any permitted outside storage areas shall not extend into the required yards for setbacks from a property line, street line or residence district boundary line and shall not exceed 5% of the lot area except as permitted below.
[Amended 8-20-2015 by L.L. No. 7-2015]
(a)
Subject to a conditional use permit from the Planning Board, the percent of lot area dedicated to outside storage may be expanded for the following uses. The outside storage areas shall be subject to the conditions of § 138-53 of the Code of the Town of Southeast. The Planning Board is hereby permitted to increase the minimum buffer area, require additional plantings, a berm, and/or screening as it deems necessary to limit views of the outside storage areas from public rights-of-way or adjacent properties, and to protect community character in a manner consistent with the goals and objectives of the Comprehensive Plan.
Use | Maximum Lot Area Dedicated to Outside Storage | |
|---|---|---|
General business | 25% | |
Landscape nursery and commercial greenhouses | 65% dedicated to live plant material (e.g., annuals, perennials, trees, and shrubs) and 10% dedicated to dry storage (e.g., mulch, gravel, and fencing materials), for a total outside storage area of 75% | |
Light manufacturing | 25% | |
Off site new vehicle storage for automobile dealership | 50% |
M.
Handicapped persons. The site plan for any use to which the public is invited or expected to visit shall make proper provision for buildings and site development that are accessible to and functional for physically handicapped persons, such as by provision of walks and ramps of suitable width and grade, curb cuts, curb ramps, wide parking spaces and ground-level building entrances.
[Amended 4-9-2020 by L.L. No. 4-2020]
N.
Curb ramps. Newly constructed or altered streets, roads, and highways shall contain curb ramps or other sloped areas at any intersection having curbs or other barriers to entry from a street level pedestrian walkway. Newly constructed or altered street level pedestrian walkways shall contain curb ramps or other sloped areas at intersections to streets, roads, or highways.
[Added 4-9-2020 by L.L. No. 4-2020]
§ 138-47 Landscaping; erosion and sedimentation control.
The minimum landscape requirements and erosion and sedimentation controls for any use requiring site development plan approval are a general guide only and may be waived or varied by the Planning Board where, due to special characteristics of the project site, the proposed use, surrounding area or buildings and structures, such changes are necessary to ensure compatibility and conformance with other standards or criteria of this chapter.
§ 138-48 State environmental quality review.
The provisions of the State Environmental Quality Review Act (SEQRA) shall be complied with as appropriate.[1] Fees for SEQRA processing are in addition to other fees required by this chapter as set forth in the Standard Schedule of Fees of the Town of Southeast.
§ 138-49 Development in floodplain.
In addition to any existing federal legislation, development activities within the Town's floodplain will be further governed by any relevant section of this chapter and by Chapter 74, Flood Damage Prevention, for flood damage prevention.
§ 138-50 Landscape standards for parking lots, screening and buffer areas.
A.
Objective. The following objectives shall be considered in landscaping for parking lots, screening and buffer areas:
(1)
To preserve the natural character of off-street parking areas and certain other setback and yard areas of multifamily and nonresidential developments and adjacent areas.
(2)
To provide natural visual screening of parking areas and along the property boundaries to preserve the existing visual quality of adjacent lands.
(3)
To reduce surface runoff and minimize soil erosion through the natural filtering capability of landscaped areas.
(4)
To provide natural buffers that reduce glare and noise.
(5)
To moderate the microclimate of parking areas by providing shade, absorbing reflected heat from paved surfaces and creating natural wind breaks.
(6)
To enhance the overall visual quality of new development by providing a variety of plant materials that are consistent and compatible with the existing natural vegetation of the area.
B.
Parking lot standards.
(1)
Off-street parking and loading areas shall be curbed and landscaped with appropriate trees, shrubs and other plant materials and ground cover, as approved by the Planning Board based upon consideration of the adequacy of the proposed landscaping, to assure the establishment of a safe, convenient and attractive parking facility needing a minimum amount of maintenance, including plant care, snowplowing and the removal of leaves and other debris. These standards shall apply to all proposed site plans except for parking spaces accessory to a single- or two-family dwelling.
(2)
At least one tree, not less than three inches in caliper measured three feet above ground level at time of planting shall be provided within such parking area for each 10 parking spaces. In all off-street parking areas containing 25 or more parking spaces, at least 10% of the interior of the parking area shall be curbed and landscaped with trees, shrubs and other plant material.
(3)
Raised or partially raised planting islands, at least eight feet in width, shall be provided to guide vehicle movement and to separate opposing rows of parking spaces so as to provide adequate space for plant growth, pedestrian circulation and vehicle overhang. Such raised planting islands and the landscaping within them shall be designed and arranged in such a way as to provide vertical definition to major traffic circulation aisles, entrances and exits, to channel internal traffic flow and prevent indiscriminate diagonal movement of vehicles and to provide relief from the visual monotony and shadeless expanse of a large parking area. Curbs of such islands shall be designed so as to facilitate surface drainage and prevent vehicles from overlapping sidewalks and damaging landscaping materials.
(4)
No obstruction to driver vision shall be erected or maintained on any lot within the triangle formed by the street line of such lot, the outer edge of the access driveway to the parking area and a line drawn between points along such street line and access drive 30 feet distant from their point of intersection.
(5)
All self-propelled maintenance equipment, including accessories, shall be stored in enclosed structures only, which structures shall conform to the architectural theme of the development.
C.
Screening and buffer area standards. All disturbed portions of multifamily and nonresidential properties which are not used for buildings, structures, off-street parking and loading areas, sidewalks or similar purposes shall be suitably landscaped and permanently maintained with the planting of trees and shrubbery, as approved by the Planning Board as part of the site plan, so as to minimize erosion and stormwater runoff and harmoniously blend such uses with the residential character of the Town as a whole.
(1)
Buffer area.
(a)
On all multifamily and nonresidential developed properties, a landscaped buffer area shall be required to screen and protect neighboring residential properties from the view of uses and parking areas on the site. It shall be:
[1]
At least 20 feet in depth along any lot line abutting or directly across the street from a lot in a residential district.
[2]
Of evergreen planting of such type, height and spacing as, in the judgment of the Planning Board, will effectively screen the activities on the lot from view of persons standing on adjoining properties. The plan and specifications for such planting shall be filed with the approved plan for the use of the lot.
(b)
A wall or fence of location, height and design approved by the Planning Board may be substituted for the required planting.
(2)
Modifications. Where the existing topography and/or landscaping provides adequate screening, the Planning Board may modify the planting and/or buffer area requirements.
(3)
Maintenance. All planting shown on an approved site plan shall be maintained in vigorous growing condition throughout the duration of the use, and plants not so maintained shall be replaced with new plants at the beginning of the next immediately following growing season.
(4)
New planting. All new plant material shall be consistent and compatible with the existing vegetation of the site and the surrounding area. Plant materials judged to be inappropriate by the Planning Board will not be approved.
D.
Submission requirements. Landscaping plans shall be included with the final site plan submissions and shall consist of the following:
(2)
Final landscaping plan:
(a)
All proposed physical improvements such as buildings, walls, parking areas, sidewalks, etc.
(b)
Proposed landscaping materials, including:
[1]
The existing vegetation to remain.
[2]
The types of new plant materials identified by common name and botanical name.
[3]
The sizes of all new plant materials by height and/or diameter.
[4]
The quantities of each of the planting materials.
[5]
The treatment of ground surfaces (paving, seeding, ground cover).
§ 138-50.1 Landscape standards for Route 22.
[Added 6-3-2021 by L.L. No. 2-2021]
A.
Objective. The Route 22 Corridor from the terminus of Interstate 684 to the Patterson Town line is a gateway to the Town of Southeast. A consistent landscaping approach is an important solution to tie the disparate architecture along Route 22 together.
B.
Rural zone. The rural zones are defined as the segments of Route 22 from the terminus of Interstate 684 to its intersection with Milltown Road and the northernmost intersection with Old Doansburg Road to the Patterson Town line. Within the rural zones, an emphasis should be placed on preserving and enhancing the rural landscape. Landscaping should incorporate the following features:
C.
Transitional zone. The transitional zones are defined as the segment of Route 22 from its intersection with Milltown Road to its intersection with Clocktower Commons Drive, and its intersection with Route 312 to its northernmost intersection with Old Doansburg Road. Within the transitional zones, an emphasis should be placed on connecting outlying residential areas to the commercial core. Landscaping should incorporate the following features:
D.
Commercial zone. The commercial zone is defined as the segment of Route 22 from its intersection with Clocktower Commons Drive to its intersection with Route 312. Within the commercial zone an emphasis should be place on the pedestrian experience. Landscaping should incorporate the following features:
(1)
Require sidewalks and pedestrian connections between developments.
(2)
Maintain a landscaped buffer between sidewalks and Route 22 where feasible.
(3)
Formal entrance plantings at driveways on Route 22, including the use of annuals and seasonal displays.
(4)
No more than twenty-five (25%) of a property's road frontage may be stormwater management basins.
(5)
Street trees at regular intervals, and a caliper of no less than 2.5 inches at the time of planting.
E.
Guiderails. Where necessary, all guiderails should be steel-backed timber.
F.
Preferred plantings.
(2)
Preferred native shrubs and small trees.
(a)
Bayberry — Myrica pensylvanica.
(b)
Blueberry highbush — Vaccinium corymbosum.
(c)
Chokeberry — Aronia.
(d)
Hydrangeas — Hydrangea querifolia or Hydrangea macrophylla.
(e)
Inkberry — Ilex glabra.
(f)
Junipers — Juniperus Bar Harbor or Juniperus communis.
(g)
Ninebark — Hysocarpus.
(h)
Redbud — Cercis canadensis.
(i)
Serviceberry — Amelanchier laevis.
(j)
Summersweet — Clethra alnifolia.
(k)
Winterberry — Ilex verticillate.
(l)
Witch hazel — Hamamelis x intermedia.
(4)
Preferred native perennials.