Stockport Town City Zoning Code
ARTICLE VI
Site Plan Review
§ 120-45 Site plan required.
In accordance with the district Schedule of Use Regulations,[1] prior to the issuance of a building permit or certificate of occupancy in any district, the Code Enforcement Officer shall require the preparation of a site plan. The Code 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 section. Site plan approval is also required for all uses subject to a special use permit.
[1]
Editor's Note: The Schedule of Use Regulations is included as an attachment to this chapter.
§ 120-46 Sketch plan conference.
A.
A sketch plan conference between the Planning Board and the applicant shall be held at the earliest phase of the project 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 section, 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 section, 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 § 120-47.
(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:
(1)
An area map keyed to the real property Tax Maps showing the parcel under consideration for site plan review and all properties, subdivisions, streets and easements within 200 feet of the boundaries thereof.
(2)
A map of site topography at no more than ten-foot contour intervals.
§ 120-47 Application for approval.
An application for site plan approval shall be made, in writing, to the Planning Board at least 10 days in advance of the regular meeting and shall be accompanied by 13 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)
The title of the drawing, including the name and address of the 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, wetlands, water bodies, and floodplains.
(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 where there may be susceptibility to erosion, flooding or ponding.
(6)
The location, proposed use and height of all buildings.
(7)
The location, design, landscaping, lighting, and construction materials of all parking and truck loading areas, with access and egress drives thereto.
(8)
Provision for pedestrian access.
(9)
The location of outdoor storage equipment and materials, if any.
(10)
The location, design and construction materials of all existing or proposed site improvements, including drains, culverts, retaining walls and fences.
(11)
A description of the method of sewage disposal and the location, design and construction materials of such facilities.
(12)
A description of the method of securing water supply and the location, design and construction materials of such facilities.
(13)
The location of fire and other emergency zones, including the location of the nearest water supply for fire emergencies.
(14)
The location, design and construction materials of all energy distribution facilities, including electrical, gas and solar energy.
(15)
The location, size, lighting, design and construction materials of all proposed signage.
(16)
The location of proposed development of all buffer zones, including an indication of existing vegetative cover.
(17)
The 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)
A designation of the amount of building area proposed for retail sales, office use or similar commercial activity.
(19)
A general landscaping plan and planting schedule.
(20)
A traffic study for commercial uses and major subdivisions having access to state highways in the Town of Stockport when proposed traffic levels will be increased by more than 100 cars per day.
(21)
An Erosion and Sediment Control Plan (E&SC) and/or Stormwater Pollution Prevention Plan (SWPPP) as may be required by § 120-36A.
(22)
Building design as may be required by Article IIIA.
(23)
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.
§ 120-48 Planning Board review.
The Planning Board's review of a site plan shall include, as appropriate, but is not limited to, the following:
A.
General considerations.
(1)
Consistency with the adopted Comprehensive Plan of the Town of Stockport.
(2)
The development shall minimize degradation of unique land types and minimize adverse impact upon sensitive areas such as streams, wetlands, steep slopes, highly erodible soils, areas with a high water table, mature stands of vegetation and extraordinary wildlife nesting, feeding or breeding habitat.
(3)
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. 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.
(5)
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:
(a)
Building location, height, bulk.
(b)
Location, intensity, direction and times of use of outdoor lighting. Light standards shall not exceed 18 feet in height.
(c)
Likelihood of nuisances, noise or glare.
(6)
The adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers, structures and traffic controls.
(7)
The adequacy and arrangement of pedestrian traffic access and circulation, walkways, control of intersections with vehicular traffic and overall pedestrian convenience.
(8)
The location, arrangement, appearance and sufficiency of off-street parking and loading.
(9)
The location, arrangement, size, design and general site compatibility of principal and accessory structures, lighting and signage.
(10)
The adequacy of stormwater and drainage facilities. The peak rate of surface water flowing off-site shall not increase above predevelopment conditions and shall not adversely affect drainage on adjacent properties or public roads.
(11)
The adequacy of water supply and sewage disposal facilities.
(12)
The 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.
(13)
In the case of an apartment complex or other multiple dwelling, the adequacy of usable open space of play areas and informal recreation.
(14)
Protection of adjacent or neighboring properties against noise, glare, unsightliness or other objectionable features.
(15)
The adequacy of fire lanes and other emergency zones and water supply for fire emergencies.
(16)
Special attention to the adequacy of structures, roadways and landscaping in areas with susceptibility to ponding, flooding and/or erosion.
(17)
Compatibility of building design with existing characteristics of the neighborhood.
(18)
Architectural design shall be in keeping with the small-town architectural character of Stockport. In general, the design shall avoid flat roofs, large expanses of undifferentiated facades, and long plain wall sections.
(19)
Trademarked architecture which identifies a specific company by building design features shall be prohibited, unless the applicant can demonstrate that the design is compatible with the architecture and character of Stockport. The applicant may use the results of the Community Image Preference Survey in assisting them with an acceptable design.
(20)
Impacts on historic and cultural resources shall be minimized.
(21)
Landscaping shall be an integral part of the entire project area, and shall buffer the site from and/or integrate the site with the surrounding area, as appropriate. Primary landscape treatment shall consist of shrubs, ground cover and shade trees. Landscape plants selected shall be native to the region and appropriate to the growing conditions of the Town's environment.
(22)
If deemed appropriate for the site by the Planning Board, shade trees at least six feet tall and with a two-inch caliper shall be planted and maintained at thirty-foot to forty-foot intervals along roads.
(23)
Vehicular and pedestrian connections between adjacent sites shall be provided to encourage pedestrian use and to minimize traffic entering existing roads. The Planning Board shall require traffic access management techniques including, but not limited to the construction of connected parking lots, service roads, alleys, footpaths, bike paths and new public streets to connect adjoining properties where appropriate, but especially along major highways of Route 9 and 9J.
(24)
For any site plan containing residential units, the Planning Board may require the reservation of parkland or payment of a recreation fee pursuant to Town Law, § 274-a(6).
B.
Consultant review. In its review, the Planning Board may consult with the Town Code 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 62 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 Columbia County Planning Board for advisory review and a report in accordance with §§ 239-1 and 239-m of the General Municipal Law at least 10 days before a hearing, if scheduled. In the event a public hearing is not required, the proposed action shall be referred before any final action is taken.
E.
SEQRA. Prior to taking action on the site plan, the Planning Boards shall comply with the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations.
F.
Compliance with Agriculture and Markets Law Article 25-AA, § 305-a.
(1)
Agricultural data statement; submission, evaluation. Any application for a site plan review that would occur on property within an agricultural district containing a farm operation or on property with boundaries within 500 feet of a farm operation located in an agricultural district shall include an agricultural data statement. The Planning Board shall evaluate and consider the agricultural data statement in its review of the possible impacts of the proposed project upon the functioning of farm operations within such agricultural district.
(2)
Agricultural data statement; notice provision. Upon the receipt of such application by the Planning Board, the Clerk of such board shall mail written notice of such application to the owners of land as identified by the applicant in the agricultural data statement. Such notice shall include a description of the proposed project and its location, and may be sent in conjunction with any other notice required by state or local law, ordinance, rule or regulation for said project. The cost of mailing said notice shall be borne by the applicant.
(3)
Agricultural data statement; content. An agricultural data statement shall include the following information: the name and address of the applicant; a description of the proposed project and its location; the name and address of any owner of land within the agricultural district, which land contains farm operations and is located within 500 feet of the boundary of the property upon which the project is proposed; and a Tax Map or other map showing the site of the proposed project relative to the location of farm operations identified in the agricultural data statement.
§ 120-49 Planning Board action.
Within 62 days of the receipt of an application for site plan approval or within 62 days of the conduct of a public hearing, in the event that a hearing is required, the Planning Board shall act on the site plan application. The time which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Planning Board. All motions and resolutions of the Planning Board shall require the affirmative vote of a majority of all Planning Board members for adoption. Where an action is the subject of a referral to the county planning agency, the voting provisions of §§ 239-m and 239-n of the General Municipal Law shall apply.
A.
Public hearing. A public hearing shall be held and the Planning Board shall mail a notice of the hearing to the applicant at least 10 days before the hearing and shall give public notice in a newspaper of general circulation in the Town at least five days prior to the date of the hearing.
B.
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 five business 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)
The Planning Board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed site plan. Upon its approval of said site plan, any such conditions must be met in connection with the issuance of permits by the Code Enforcement Officer.
(3)
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.
C.
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 improvements cost estimate.
D.
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 Code Enforcement Officer and the applicant. The Code Enforcement Officer may then issue a building permit or certificate of occupancy if the project conforms to all other applicable requirements.
§ 120-50 Collection of costs from applicant.
Reasonable costs incurred by the Planning Board for private consultation fees in connection with the review of a proposed site plan shall be charged to the applicant pursuant to Chapter 64 of the Stockport Town Code. Such reimbursable costs shall be in addition to the fee required in § 120-47B herein. All fees associated with any required inspections during construction shall also be charged to the applicant pursuant to Chapter 64 of the Stockport Town Code and shall be in addition to the fee required in § 120-47B herein.
§ 120-51 Performance guaranty.
A.
No certificate of occupancy 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.
B.
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 Code Enforcement Officer, other local officials or its designated private consultants.
§ 120-52 Inspection of improvements.
The Code Enforcement Officer shall be responsible for the overall inspection of site improvements as per Chapter 57, Building Construction and Fire Prevention, Article I, Administration and Enforcement, including coordination with the Town's private consultants and other local officials and agencies, as may be appropriate on multifamily residential, institutional, commercial and industrial projects.
§ 120-53 Integration of review and approval.
Whenever the particular circumstances of a proposed development require compliance with either another procedure in this chapter, the requirements of Chapter 105, Subdivision of Land, 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 section 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 section or in said related regulations or requirements.
§ 120-54 Appeals.
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 proceeding 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.