Town Of Rochester City Zoning Code
ARTICLE VII
Special Use and Site Plan Review Procedures
§ 140-44.1 Review of applications.
The Town of Rochester Planning Board is authorized, in accordance with §§ 274-a and 274-b of the New York State Town Law, to review and approve, approve with modifications or disapprove special uses and site plans connected therewith. Site plan review shall be required for all special use permits and such other uses as the Town Board may from time to time designate by local law. The Planning Board shall review all applications for special use and site plan with regard to the standards and regulations of this code and any applicable local, county, state, or federal standards or regulations. The following procedures shall apply.
§ 140-45 Sketch plan.
An applicant for a special use permit or site plan review may submit a sketch plan for review and advice by the Planning Board. The Planning Board may also require the submission of such a sketch plan or alternate sketch plans depicting different development concepts for a property. Such a sketch plan should provide locations and dimensions of the proposed use in relation to the property boundaries and adjacent uses. It should also indicate all accesses and improvements both existing and proposed and any site features or known environmental constraints that could have a bearing on the project including the general topography and existing ground cover. Aerial photography may also be required. Should such sketch plan involve one-time additions of less than 10% and 200 square feet in floor area or accessory uses or structures, the Building Department may review and approve the site plan on its own during the building permit process. If these thresholds are exceeded, however, the sketch plan shall be referred to the Planning Board. If referred to the Planning Board, this sketch plan shall be used by the Board as a basis for advising the applicant regarding information it shall require on the site plan before it conducts a public hearing or takes any action with respect to the plan. The Planning Board shall give no approval or disapproval regarding any sketch plan but may use it to schedule a public hearing if sufficient data is available, determine if any provisions of this article should be waived or begin its review of the application under the New York State Environmental Quality Review Act (SEQRA).
§ 140-46 Application and site plan required.
The Planning Board shall be under no obligation to schedule a public hearing or take any action with respect to a special use or site plan review permit application until formal application has been made on forms provided by the Board and a detailed site plan providing the following information has been submitted:
A.
The location of all existing watercourses, wooded areas, rights-of-way, roads, structures or any other significant man-made or natural feature, if such feature has an effect upon the use of said property, including, where practical, significant features within 200 feet of the property.
B.
The site plan shall include all known natural resource restrictions, floodplains, wetlands, ecologically sensitive areas, etc., extending beyond the project boundaries a distance of 200 feet. Air photos showing existing conditions shall be provided (may be obtained free of charge online from several sources).
C.
The location, use and floor or ground area of each proposed building, structure or any other land use, including stormwater management, sewage disposal and water supply systems.
D.
The location of all significant landscaping and ground cover features, both existing and proposed, including detailed planting plans and a visual depiction or rendering of the final appearance of the property after all landscaping and other physical improvements are completed.
E.
The location, dimensions and capacity of any proposed roads, off-street parking areas or loading berths, including typical cross-sections for all paving or regrading involved.
F.
The location and treatment of proposed entrances and exits to public rights-of-way, including traffic signals, channelizations, acceleration and deceleration lanes, widenings or any other measure having an impact on traffic safety conditions.
G.
The location and identification of proposed open spaces, parks or other recreation areas.
H.
The location and design of buffer areas and screening devices to be maintained.
I.
The location of trails, walkways and all other areas proposed to be devoted to pedestrian use.
J.
The location of public and private utilities, including maintenance facilities.
K.
The specific locations of all signs existing and proposed, including a visual depiction of the latter.
L.
Preliminary architectural plans for the proposed buildings or structures, indicating typical floor plans, elevations, height and general design or architectural styling. Lighting plans and details shall also be required.
M.
A completed SEQRA environmental assessment form.
N.
Topography of the site using two-foot contour intervals unless otherwise specified by the Planning Board, along with detailed grading plans, and stormwater pollution prevention plans as required herein, where significant land disturbance is proposed. A survey map and/or grading plan may be required to accurately depict property lines, easements and grade changes where determined necessary by the Planning Board.
O.
A map and report detailing the proposed conveyance, storage, distribution, generation, use, treatment or disposal of any stormwater and sewage including an estimate of the total daily flows. An application for any proposed use with projected on-site sewage disposal flows averaging 2,000 gallons or more per day during any single thirty-day period shall include a hydrogeological report prepared by a qualified hydrogeologist or engineer.
P.
A written description of the project including all of the activities proposed on the site, number of employees if relevant, how the project meets the zoning requirements, particularly design guidelines, landscaping requirements and storage of hazardous materials.
Q.
The stormwater pollution prevention plan (SWPPP) if required. GPS (global positioning system) reference data for stormwater outfalls and permanent structures built in accordance with New York State Stormwater Management Design Manual shall be required on all site plans.
R.
An agricultural data statement, if applicable.
S.
The location of historic properties or districts within 500 feet of the site.
T.
Wetlands as mapped by the New York State Department of Environmental Conservation and the Army Corps of Engineers, including any soils identified as hydric.
U.
Site plans shall be overlaid on an aerial photo base map.
V.
The site plan shall contain blank approval blocks for the Town Planning Board stamp and signatures on every sheet of the set of plans.
W.
Any other information required by the Planning Board that is clearly necessary to ascertain compliance with the provisions of this chapter (e.g., site plan review or special use checklists) and limited to such information.
§ 140-47 Waivers.
The Town of Rochester Planning Board shall, pursuant to § 274-a(5) of the Town Law, have the right to waive, when reasonable, upon written request of the applicant, any of the procedural or submittal requirements of this article for the approval, approval with modifications or disapproval of special use permits and site plans submitted for approval. Such waiver and the reasons therefor shall be recorded in the minutes of the Planning Board. This waiver authority may be exercised in the event any such requirements are found not to be requisite in the interest of the public health, safety, or general welfare or are not applicable to a particular site plan. Any such waiver shall be subject to the following conditions:
A.
No waiver shall result in allowing a use not permitted within the applicable zoning district.
B.
No waiver shall be given with respect to standards outside the scope of this article which would otherwise require a variance from the Zoning Board of Appeals, except in the case of the adaptive reuse of a building or structure.
C.
Waivers shall be limited to those situations where the full application of the requirements contained herein would generate unnecessary data with regard to deciding the matter at hand, due to the scope or nature of the project involved. The proposed enclosure of a deck or a simple change of use with no significant structural modifications in the case of a commercial property, for example, might not require typical cross-sections for proposed regrading or water supply data.
D.
An applicant for site plan approval who desires to seek a waiver of certain of the above-referenced requirements pertaining to such applications shall submit a preliminary site plan as provided above. The Planning Board shall review the preliminary site plan, advise the applicant as to potential problems and concerns and determine if any additional site plan information is required. The Planning Board shall consider such site plan as adequate when, in its judgment, the information submitted is sufficient to make a determination of compliance with the development standards contained herein and the intent of site plan review criteria found below.
E.
The Town of Rochester Planning Board, following a public hearing in conjunction with other matters before the Board, shall be permitted to modify the standards of this chapter to the extent of 10% of the stated criteria where the circumstances otherwise meet the tests for an area variance as set forth herein. Such modifications shall also be permitted for the purposes of increasing the efficiency with which buildings and their sites use and harvest energy, water, and materials; and reducing building impacts on human health and the environment, through better siting, design, construction, operation, maintenance and removal during the complete building life cycle; otherwise known as energy efficient building.
F.
Nothing herein shall authorize the Planning Board to waive State Environmental Quality Review requirements.
§ 140-48 Hearing and decision.
The Planning Board shall fix a time, within 62 days from the day the Board deems complete an application for a special use permit or site plan approval is made, for the hearing of any matter referred to under this section. For the purposes of this Code, an application shall be deemed complete either upon specific resolution and majority affirmative vote or upon the scheduling of a public hearing. The deeming of an application as complete shall not preclude the Planning Board from requiring additional studies or information. It shall give public notice of such hearing at least five days prior to it in a newspaper of general circulation in the Town and decide upon the application within 62 days after the close of such hearing. Notices of major hearings shall be provided using the same notice used in the public advertisement, to all property owners within 500 feet of the parcel boundary as identified in the latest tax assessment records of the Town of Rochester, including those for properties on the opposite side of any public or private road. Such notice shall be given by the Town at the expense of the applicant by regular mail postmarked at least seven calendar days in advance of such hearing. Such notice shall explain the approval requested and the rights of all landowners to both subdivide land and offer public input on applications. The Planning Board shall be authorized to waive this requirement where it is determined by the Board that adjoiners have otherwise been afforded reasonable notice of such hearing as evidenced by their appearance at or knowledge of such hearing. No hearing shall be delayed where the Board determines the Town has made reasonable attempts to notify all interested parties as provided herein. It shall not, however, grant approval before a decision has been made with respect to environmental impacts pursuant to SEQRA. The decision of the Planning Board shall be filed in the office of the Town Clerk and a copy thereof mailed to the applicant within five business days after such decision is rendered.
§ 140-49 Modifications and conditions.
The Planning Board shall be authorized, in conjunction with any site plan review, to require the modification of said site plan to protect the health, safety and welfare of the public and secure harmonious development that protects the character of the neighborhood. The Planning Board shall have the authority to impose such reasonable conditions and restrictions as are directly related and incidental to the proposed special use permit or site plan. Upon approval of said permit and/or plan, any such conditions shall be met prior to the actual issuance of permits by the Town. These conditions may include requirements of the applicant to provide parkland or to provide fees in lieu thereof pursuant to § 274-a(6) of the New York State Town Law for new lots and residential units of any kind.
§ 140-50 Referrals.
The Planning Board is authorized to refer special use permit applications and site plans to other agencies, groups or professionals employed or used by the Town for review and comment and to charge the applicant reimbursement fees for any reasonable expenses connected therewith. The Board shall, in particular, ensure that the requirements of § 239-m of the General Municipal Law regarding review by the Ulster County Planning Department are met. It shall also comply with all requirements of the New York State Environmental Quality Review Act.
§ 140-51 Appeals.
Any person aggrieved by any decision of the Planning Board or any officer, department, board or bureau of the town may apply to the Supreme Court for review by a proceeding under Article 78 of the Civil Practice Law and Rules.
§ 140-52 Effect of site plan and special use approval.
A.
The site plan and/or special use permit as approved by the Planning Board shall be binding upon the applicant. Any changes from the approved plan, except as provided herein, shall require resubmission and reapproval by the Planning Board.
B.
The site plan shall remain effective, as an authorization to establish the use, for a maximum of one year from the date of approval unless the Planning Board shall have granted an extension in writing and provided the applicant has diligently pursued the implementation of the plans. Absent such an extension, the special use shall be deemed to have expired.
C.
A special use which has been discontinued for a period of two or more years shall also be deemed to have lapsed without hearing or notice.
§ 140-53 Renewal of permits.
The Planning Board may require, at the time it is initially granted, that any special use approval be renewed periodically. Such renewal shall be granted upon written application by the holder of the permit and following public notice and hearing. Such renewal may only be withheld upon a determination that the conditions attached to any previous approval have not been met. A period of 62 days shall be granted the applicant in such cases to make remedies and bring the use into full compliance with the terms of the special use approval. Should the applicant fail to make such remedies, the special use approval shall be revoked by the Planning Board and the use immediately discontinued.
§ 140-54 Conformity with other plans, laws and ordinances.
The Planning Board, in reviewing the site plan, shall consider its conformity to the Town of Rochester Comprehensive Plan and the various other plans, laws and ordinances of the Town, Ulster County, and New York State. Conservation features, aesthetics, landscaping and impact on surrounding development as well as on the entire Town shall be part of the Planning Board review. Traffic flow, circulation and parking shall be reviewed to ensure the safety of the public and of the users of the facility and to ensure that there is no unreasonable interference with traffic on surrounding streets.
§ 140-55 Special use review criteria.
The Planning Board, in acting upon the special use, shall also be approving, approving with modifications or disapproving the site plan application connected therewith, taking into consideration not only the criteria contained above but also the following special use criteria:
A.
Whether the proposed use will have a detrimental or positive impact on adjacent properties or the health, safety and welfare of the residents of the Town of Rochester.
B.
If the proposed use is one judged to present detrimental impacts, whether an approval could be conditioned in such a manner as to eliminate or substantially reduce those impacts.
C.
Whether the use will have a positive or negative effect on the environment, job creation, the economy, housing availability or open space preservation.
D.
Whether the granting of an approval will cause an economic burden on community facilities or services, including but not limited to highways, sewage treatment facilities, water supplies and firefighting capabilities. The applicant shall be responsible for providing such improvements or additional services as may be required to adequately serve the proposed use and any approval shall be so conditioned. The Town shall be authorized to demand fees in support of such services where they cannot be directly provided by the applicant. This shall specifically apply to, but not be limited to, additional fees to support fire-district expenses.
E.
Whether the site plan indicates the property will be developed and improved in a way which is consistent with that character which this chapter and the Town's Comprehensive Plan are intended to produce or protect, including appropriate landscaping and attention to aesthetics and natural feature preservation.
§ 140-56 Bonding of site improvements.
A.
Supersession of statutory provisions. This section shall, pursuant to the supersession authority granted by the Municipal Home Rule Law, supersede, in its application to the Town of Rochester, the provisions of §§ 274-a, 276 and 277 of the Town Law of the State of New York relating to the limitation upon the authority of a town to require the posting of a performance bond or other form of security in connection with the approval of a land subdivision plat, to extend such authority to Planning Board approvals of commercial and residential site plans in accordance with the provisions of § 274-a of the Town Law.
B.
Legislative intent. In order to ensure that once a project has been started it shall not be abandoned, partially completed or left in a state which will cause erosion of the soil, improper drainage or any other condition which will result in the deterioration or devaluation of the surrounding land or neighborhood, and in order to ensure that while under construction, the workmanship and materials used shall promote the long life of the project and the health, safety and welfare of the future users of the subject premises and surrounding areas, the Town Board of the Town of Rochester has determined it to be a proper exercise of authority conferred upon it by the laws of the State of New York to require the posting of adequate security for the performance of necessary site improvements contemplated in connection with a residential or commercial site development.
C.
Procedure.
(1)
Prior to or contemporaneously with the grant of final site plan approval for a particular project, the Planning Board, in considering the recommendation of the engineering authorities available to it, shall establish the amount of performance security to cover the full cost of the required site improvements as shown on such final site plan as enumerated in Subsection D hereof. The Planning Board shall make a referral of the matter regarding the establishment of the amount of performance security of a particular project to the Town Board, which referral shall include its recommendation as to the amount of such performance security. The performance security shall become effective only if and when the Town Board shall have approved it as to form, sufficiency of surety and manner of execution.
(2)
The performance security shall be in the amount approved by the Town Board in the form of a performance bond issued by a surety company licensed in the State of New York; a letter of credit issued by a federally or state-chartered financial institution; or a savings passbook, money market account or certificate of deposit naming the Town of Rochester as joint tenant.
(3)
Such performance security, if in the form of a performance bond or letter of credit, shall run for a term to be fixed by the Planning Board, but in no event for a term longer than three years; provided, however, that the term of such security may be extended by the Planning Board with the consent of the parties thereto. In the event such security is in the form of a letter of credit, such a letter of credit shall contain a provision requiring automatic renewal thereof unless, not less than 30 days prior to its expiration, the Town of Rochester is given written notice of the issuing institution's intention not to renew such letter of credit.
(4)
The performance security in the full amount established by the Town Board shall be posted with the Town Clerk upon grant of final site plan approval. No building permits shall be issued for and no site preparation work shall be commenced on the subject premises unless and until the necessary performance security has been posted.
(5)
A duly designated official of the Town shall inspect the improvements during construction to assure their satisfactory completion. An inspection fee of 5% of the performance bond amount shall be posted by the applicant, to cover the cost of required inspections.
(6)
During the course of construction, the performance security may be reduced, in the sole discretion of the Town Board upon the recommendation of the Planning Board, to an amount certified by the Town Engineer or the Town's consulting engineer to be the probable cost of completion of the remainder of the required site improvements, but in no event shall such amount be reduced to less than 50% of the original amount of the performance security.
(7)
The performance security shall be released or reduced only by the Town Board and only upon recommendation of the Planning Board after certification by the Town Engineer or the Town's consulting engineer that all or part of the required site improvements have been completed in conformance with the approved final site plan and all applicable regulation.
D.
Site improvements subject to bonding. The following items are considered essential to the principles stated above and shall be included in the amount of the performance security to be set:
(1)
Site grading, including replacement of topsoil and seeding, and including necessary structural features such as retaining walls and ground cover.
(2)
Drainage, including waterways, conduits and all necessary appurtenances and structures.
(3)
Water and sewer systems, including all wells, conduits, structures and appurtenances as may be required by those government agencies having final jurisdiction for approval of those system.
(4)
Foundation course, pavement, curbs and sidewalks for all roads, drives, parking areas and walkways.
(5)
Lighting, including all necessary wiring, structures and appurtenances.
(6)
Landscaping, including all shrubs, trees and screening as may be required to ensure that the final site condition meets with the planning and zoning concepts expressed in the Comprehensive Plan of the Town of Rochester and this chapter, as well as all drainage and soil erosion measures required to protect the site.
(7)
The Planning Board shall have the discretion to require only a restoration bond be posted, should it be deemed sufficient to protect the Town's interests. In the event a restoration bond is posted, the inspection fee to be deposited by the applicant shall be 5% of the full performance bond amount otherwise required by this section.
E.
Phased projects. In the event that a particular site plan is to be constructed in sections or phases, the Planning Board, in its sole discretion, taking into consideration the importance of the entirety of the site improvements on the section or phase to be constructed, may recommend to the Town Board that the performance security be posted for only so much of the project as is going to be constructed in a particular phase or section; provided, however, that no building permits shall be issued for and site work shall be conducted on any future phase or section unless and until the required performance security is established for such future phase or section and properly posted in accordance with the provisions of this section.
F.
Default. In the event any required site improvements have not been installed as provided in this section within the term of the performance security, the Town Board shall thereupon declare said performance security to be in default and collect the sum remaining payable thereunder, and, upon receipt of the proceeds thereof, the Town shall install such improvements as are covered by such security and are commensurate with the extent of building development that has taken place on the site. In the event no building has taken place but site preparation has taken place, the proceeds of the security shall be used, to the extent practicable, to restore the site to its original state and avoid erosion and adverse drainage conditions.