Stillwater Town City Zoning Code
ARTICLE IV
Site Plan Review
§ 210-14 Purpose.
The purpose of this article is to allow the proper integration in the community of uses and actions listed in Attachment 1: Table 1, Summary of Allowed Uses. Because of their characteristics or the special characteristics of the area in which they are to be located, these uses and actions require special consideration so that they may be properly located and planned with respect to:
A.
The objectives of this chapter.
B.
Their effect on surrounding properties.
C.
The ability of the Town to accommodate the growth resulting from the proposed use without undue adverse effect on the Town and its citizens and taxpayers and the protection of the health, safety and welfare of the Town and its citizens.
D.
The objectives of the Comprehensive Plan.
§ 210-15 Applicability.
A.
A land use or development proposing a use or expansion of a use listed as a site plan review use in Attachment 1: Table 1, Summary of Allowed Uses, hereof shall require site plan approval with conditions as may be applicable. No building permit for a use requiring site plan review shall be valid without site plan approval. When a site plan review is triggered, the Planning Board is empowered to apply all of the requirements of this chapter to its review of the site plan.
B.
All changes of tenancy, occupation, or use in a facility, shall be subject to site plan review and approval unless all of the following conditions are met:
(1)
The proposed tenant falls into the same or lesser class as the existing tenant for calculation of parking requirements and is of the same or lesser intensity of use as the tenant being replaced.
(2)
The new tenant does not require any site amenities of a different quality or nature than that already approved on the site.
(3)
The new tenant does not require any exterior additions, deletions or site changes to the existing facilities on the subject property.
(4)
The existing site received final site plan approval.
(5)
The existing use is a permitted use under the provisions of this chapter.
(6)
The existing site is in compliance with any previous site plan approval issued by the Town of Stillwater Planning Board.
(7)
If there is solely a change in tenancy, an operating permit application must be filed with the Building and Planning Department.
§ 210-16 Authorization to approve and disapprove.
In accordance with § 274-a of the Town Law, the Planning Board is authorized to review and approve, approve with modifications, or disapprove site plans, prepared to specifications set forth in this chapter and in regulations of the Planning Board, showing the arrangement, layout, and design of the proposed use of the land shown on such plan. When the Planning Board disapproves a site plan, it may make recommendations for changes that will result in approval of a revised plan.
§ 210-17 Application requirements for site plan review.
Application for site plan approval shall be made on forms supplied by the Planning Department. Minimum application requirements shall be listed in the application form and shall include the following, as applicable:
A.
Project name, address/location.
B.
Applicant, owner, and/or representative information and owner authorization if applicable.
C.
Site information:
D.
Parcel identification (SBL #) of all lots included.
E.
Existing zoning district.
F.
Size of existing lots.
G.
Size of proposed lots.
H.
Proposed use.
I.
Description of previous subdivisions.
J.
Total proposed lot coverage.
K.
Total proposed open space.
L.
Conformance to required setbacks.
M.
Lot frontage measurements.
N.
Total acreage of proposed disturbance.
O.
Proposed building size/dimensions.
P.
Either a short or full environmental assessment form (EAF), as required by the State Environmental Quality Review Act (SEQRA).
Q.
SWPPP: when applicable, a Stormwater Pollution Prevention Plan (SWPPP) in conformance with requirements of the current State Pollution Discharge and Elimination System Permit for Stormwater Discharge from Construction Activity.
R.
Agricultural data statement: where applicable for all projects within Saratoga County Ag. District 1.
S.
Site plan checklist. The applicant shall provide a site plan map(s) drawn to scale at one inch equals 50 feet or larger and depicting the elements listed below, unless otherwise waived by the Planning Board:
(1)
All existing and proposed property boundaries.
(2)
Size in acres of existing and proposed lots.
(3)
Include one sheet showing the overall plan.
(4)
All existing and proposed easements and rights-of-way.
(5)
Existing zoning districts and boundaries.
(6)
Names and owners of all adjacent properties.
(7)
Street names for any existing or proposed roadways.
(8)
Federal- or state-regulated wetlands delineations.
(9)
Location and design of all proposed site improvements including drainage, retaining walls, berms, fencing, etc.
(10)
Location of existing or proposed wastewater treatment.
(11)
Location of existing or proposed water supply.
(12)
Location of the various uses and their areas.
(13)
Delineation of proposed uses.
(14)
Proposed open space system.
(15)
Overall drainage system.
(16)
Topographic map with intervals of 10 feet.
(17)
North arrow and site location map.
(18)
Phasing plan. If the development is to be phased, provide a general indication of how the phasing is to proceed. Whether or not the development is to be phased, the sketch plan of this section shall show the intended total project.
(19)
Total area of proposed disturbance.
(20)
One sheet with full site layout displayed.
(21)
Standard notes as provided on the site plan application form.
(22)
Other elements of the proposed development as considered necessary by the Planning Department and/or Planning Board.
§ 210-18 Fees.
In addition to the application fee listed on the Schedule of Fees, the applicant shall be required to fund an escrow for legal and technical review, provided that the fee charged reflects the actual cost of legal and technical assistance to the Planning Board. Such escrow requests shall be funded prior to commencing site plan review.
§ 210-19 Site plan procedure.
A.
Concept plan meeting.
(1)
Prior to the submission of a site plan application, all applicants shall submit to the Planning Department, a written narrative description and a concept plan in order to discuss the appropriateness of the proposed layout, the suitability of the land for development, and the general requirements for improvements. The plan shall outline the proposed design concept, including but not limited to the general massing of buildings (bulk and height), location of parking, circulation routes (roads and walks), features of historic concern, landscaping elements, watercourses, drainage ditches and other natural features.
(2)
The concept plan applications shall not be reviewed until such time as they are deemed complete by the Planning Department.
(3)
Upon receipt of the concept plan, the Planning Department shall determine if a concept plan meeting is required. If the Planning Department determines a concept plan meeting would be appropriate, it will notify the applicant of the date and time of the next Planning Board meeting during which the concept plan would be reviewed. If the Planning Department determines that the project would not need to review of the concept plan by the Planning Board, the applicant will be notified that a full site plan application may be submitted to the Planning Department pursuant to this section.
B.
Site plan review.
(1)
The Planning Department shall conduct initial review of the application and determine its completeness. Upon determination by the Planning Department that the site plan application is suitable to begin Planning Board review, the Planning Department shall notify the applicant of the date of the next Planning Board hearing during which the application will be considered.
(2)
The Planning Board shall fix a time, within 31 days from the day an application for site plan approval is deemed complete, for the hearing of any matter referred to it under this section if a public hearing is deemed necessary by the Planning Board. No site plan review project may be disapproved unless a hearing shall have first been held on the project application. The Planning Board shall give public notice thereof by the publication in the official newspaper of such hearing at least five days prior to the date thereof.
(3)
The Planning Board shall decide on the application within 31 days after such a hearing or after the application is filed if no hearing has been held; provided, however, that the time within which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Planning Board.
(4)
The decision of the Planning Board, in conjunction with its approval of any site plan review project, may impose such requirements and conditions as are allowable within the proper exercise of the police power. Such requirements or conditions may include the restriction of land against further development of principal buildings (whether by deed restriction, restrictive covenant or other similar appropriate means to ensure that guidelines as to intensity or development as provided in this chapter shall be respected) and the imposition of reasonable conditions to ensure that the project will be adequately supported by services and improvements made necessary by the project and to ensure that the project will be completed in accordance with the terms of the application and any permit. In addition, the Planning Board may require that the Code Enforcement Officer incorporate any such requirements and conditions in any permit issued with regard to such site plan review project.
(5)
Unless otherwise specified or extended by the Planning Board, a decision on any site plan review shall expire if the applicant fails to undertake the proposed action or project, to obtain any necessary building permits, to construct any proposed new building(s) or change any existing building(s) or to comply with the conditions of said authorization within two years from the filing date of such decision thereof.
(6)
The Planning Board may approve the extension of a site plan approval one time upon application by the owner, for a period of up to one year. In reviewing a proposed extension, the Planning Board shall determine:
(a)
If there is good cause to allow for the extension.
(b)
Shall consider whether there have been any changes to the Town Code.
(c)
Shall consider whether there have been any changes to the neighborhood.
(d)
And shall consider whether there have been any changes to state or federal environmental permitting that would affect the project.
§ 210-20 Requirements for approval.
In order to approve any site plan review use, the Planning Board shall find that:
A.
The use complies with all other requirements of this chapter, including the dimensional regulations and use allowances of the zoning district in which it is proposed to be located.
B.
The use would be in harmony with the intent of this chapter, including the location, character and size of the proposed use and the description and purpose of the district in which such use is proposed, the nature and intensity of the proposed use and the nature and rate of any increase in the burden on supporting public services and facilities which will follow the approval of the proposed use.
C.
The proposed use is in harmony with the neighborhood and surrounding uses.
D.
The Plan is consistent with the Town's Comprehensive Plan.
E.
The project would not have an undue adverse impact upon the natural, scenic, aesthetic, ecological, wildlife, historic, recreational or open space resources of the Town.
F.
There is adequate vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers and traffic controls.
G.
There is adequate pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular traffic and overall pedestrian convenience.
H.
Adequate stormwater management facilities can be provided and maintained.
I.
Adequate potable water and sewage disposal facilities are provided.
J.
Required buffers and landscaping have been provided.
§ 210-21 Review considerations.
The Planning Board review of the site plan shall include, as appropriate, but not be limited to the following general standards:
A.
The location, arrangement, size, design and general site compatibility of buildings, lighting and signs.
B.
The adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers and traffic controls.
C.
The location, arrangement, appearance and sufficiency of off-street parking and loading.
D.
The adequacy and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular traffic and overall pedestrian convenience.
E.
The adequacy of stormwater drainage facilities, including conformance with the drainage standards of Chapter 176, Subdivision of Land.
F.
The adequacy of water supply and sewage disposal facilities.
G.
The adequacy, type and arrangement of trees, shrubs and other suitable plantings, landscaping and screening constituting a visual and/or noise buffer between the applicant's and adjoining lands, including the maximum retention of existing vegetation and maintenance, including replacement of dead or diseased plants.
H.
The adequacy of fire lanes and other emergency zones and the provision of fire hydrants.
I.
The adequacy and impact of structures, roadways and landscaping in areas with susceptibility to ponding, flooding and/or erosion.
J.
Conformance with the design guidelines, landscaping standards and performance standards of this chapter.
§ 210-22 Financial security.
The Planning Board or Town Board may require the posting of financial security, in the form of a letter of credit in order to ensure that improvements are carried out as specified in the plans and approvals.