Tuxedo City Zoning Code
ARTICLE XI
Site Plan Review
§ 98-55 Site plan review.
In all cases where this Zoning Chapter requires site plan approval, no building permit or certificate of occupancy shall be issued by the Code Enforcement Officer except upon authorization of, and in conformity with, a site plan approved by the Planning Board.
A.
Objectives. In its decision-making, the Planning Board shall consider the public health, safety and welfare and the comfort and convenience of the public in general, the occupants of any proposed development, and the residents of the immediate neighborhood in particular. The Planning Board may prescribe such appropriate conditions and safeguards as may be required in order that the result of its action shall, to the maximum extent possible, further the expressed intent of this Zoning Chapter and accomplish the following objectives:
(1)
Location, arrangement, size, design of buildings, lighting and signs shall be compatible with the Town's community character as defined in the Town Comprehensive Plan and design standards set forth in this Zoning Chapter.
(2)
The development shall be consistent with the Town of Tuxedo Highway Specifications, where applicable, and the arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, sight distance and traffic controls, shall be deemed adequate.
(3)
Sufficient and adequately designed off street parking spaces and loading areas are provided, and the internal circulation system shall be adequate to provide safe accessibility within the site.
(4)
The arrangement and relationship of pedestrian access and circulation, walkway structures, control of intersections with vehicular traffic and overall pedestrian convenience shall be adequate.
(5)
All entrance and exit driveways shall be located with due consideration for traffic flow so as to afford maximum safety to traffic on public streets and shall be reviewed and approved by the appropriate state, county, or local authority prior to the granting of site plan approval.
(7)
Wherever practical, cross access between properties shall be provided to reduce the number of curb cuts and limit the amount of traffic on any arterial or collector road. The Planning Board may require a site layout, subject to appropriate agreements, that facilitates future cross access in anticipation of future adjoining development.
(8)
Wherever practical, shared joint access to arterial or collector roads shall be provided to limit conflicting turning movements, reduce traffic congestion, reduce potential points of conflict between through and turning traffic, and facilitate the control and separation of vehicles and pedestrian movement.
(9)
Any increase in the rate of stormwater runoff shall be mitigated in accordance with Town standards, NYSDEC regulations and best management practices.
(10)
Water supply and sewage disposal facilities shall be adequate to serve the development.
(11)
The type and arrangement of existing or proposed fences, walls, trees, shrubs and other landscaping shall be adequate to constitute a visual screen and/or noise buffer.
(12)
Landscape plantings such as shrubs, ground cover, and shade trees, as well as perennials and annuals and other materials, such as rocks, water, sculpture, art, walls, fences, paving materials and street furniture, shall be encouraged to create pedestrian-scale spaces and to maintain landscape continuity. All landscaping within the site shall be designed to facilitate conservation of the environment and preservation of a visually attractive community character through the use of native plant material and the retention of existing natural vegetation to the greatest extent practicable.
(13)
All recreational, parking and service areas, during all seasons of the year, shall be reasonably screened from the view of adjacent residential lots, neighborhoods, and streets and the general landscaping of the site is in character with that generally prevailing in the neighborhood. Existing trees over 12 inches diameter breast height (dbh) shall be retained to the maximum extent possible.
(14)
The preservation of mature plant species, hedgerows and stone walls, wetlands, and watercourses shall be in accordance with the purposes of this Zoning Chapter and disturbances shall be minimized.
(15)
Solid waste facilities and containers, outdoor service areas, and loading docks shall be adequate to serve the proposed use and screened from public view and from adjacent residential properties.
(16)
Utilities. Newly installed on-site utility service systems and service revisions shall be installed underground to the maximum extent practicable. The Planning Board may require that on-site aboveground utility service systems be placed underground where upgrades are proposed to same as part of the development.
(17)
Any application involving the renovation or reuse of existing buildings or structures shall require the retention of design elements that preserve historic character.
(18)
Improvements shall be consistent with the Town of Tuxedo Comprehensive Plan.
(19)
Development shall limit impacts to the Ramapo River sole source aquifer, groundwater and surface water resources to the maximum extent practicable through implementation of appropriate water quality protection measures.
B.
Based upon a legislative finding of the Town Board, the Planning Board is also hereby empowered to resolve land use issues involving site plan approvals, including without limitation, vested rights and RLUIPA claims, in a manner which is expeditious, cost effective, and fair in order to lessen the burdens on property owners and on the Town while conserving judicial resources. Planning Board decisions are judicially reviewable on a full record developed before the Planning Board.
(1)
Nevertheless, when an applicant demonstrates that application of a law, rule, or regulation violates its rights in some cognizable manner and/or imposes a substantial burden on its religious practice, it shall seek relief from the Planning Board, which relief shall be granted unless it is found that the law, rule, or regulation is in furtherance of a compelling public interest. In the event there is a compelling public interest for the law, rule, or regulation, the Planning Board shall, if possible, grant relief which is the least restrictive means of furthering that compelling public interest.
(2)
In determining vested rights, RLUIPA, or any other cognizable claim, the Planning Board shall consider the guidance and precedents of the courts, both state and federal, in determining such claim.
(3)
No action or proceeding for judicial relief against the Town, its officers, agents, or employees, shall be ripe for review unless the applicant has sought relief from the Planning Board pursuant to these provisions. The Planning Board shall develop a record of its proceedings. All Planning Board decisions are reviewable by the court pursuant to CPLR 217 or other applicable law.
C.
Effect of site plan approval.
(1)
No building permit shall be issued prior to approval of the site plan by the Planning Board.
(2)
No certificate of occupancy or use will be issued for any structure or use of land regulated by this section unless the structure is complete or the land is developed or used in accordance with an approved site plan.
D.
Procedure.
(1)
Pre-submission meeting. Prior to the submission of a site plan application, the applicant shall meet in person with the Planning Board or its designated representatives at a Technical Advisory Committee meeting. The Planning Board or its designated representatives will review a sketch plan or other materials that are submitted by the potential applicant and shall advise the applicant preliminarily of the merits of the proposal based on a review of the Zoning Chapter, its consistency with the Town Comprehensive Plan, and potential site plan issues and concerns. The Planning Board or its designated representatives will identify the data to be submitted in conjunction with the site plan application.
(2)
Within six months following the pre-submission meeting, the requisite number of copies of the site plan and any related information shall be submitted to the Planning Board at least 15 days prior to the Board meeting at which the application shall be reviewed. If the site plan is not submitted within the six-month period, another Technical Advisory Committee meeting may be required.
(3)
Area variance. Where a proposed site plan contains one or more features which do not comply with this Zoning Chapter, application may be made to the Zoning Board of Appeals for an area variance pursuant to Article XIII, without the necessity of a decision or determination of the Code Enforcement Officer or a referral from the Planning Board.
(4)
Acceptance of site plan application. Upon receipt of an application for site plan approval, the Planning Board shall review the application and accompanying maps for completeness. Upon a determination that the application is complete, the Board shall accept the application at its next regular meeting. The date on which the Planning Board deems the application complete shall be considered to be the date an application for site plan approval is made. An application shall not be deemed complete unless a fee for site plan application has been paid in accordance with the Schedule of Fees of the Town of Tuxedo.
(5)
Fees. An application for a site plan approval shall be accompanied by an application fee as set by the Town Board. All application fees are in addition to any required escrow fees, and do not cover the cost of environmental review. 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). If the Planning Board requires professional review of the application by the Town's planning, engineering, legal or other consultants, or if it incurs other expenses to review documents or conduct special studies in connection with the proposed application, the applicant shall be responsible for reimbursing the Town in accordance with Chapter 48, Fees, of the Code of the Town of Tuxedo.
(6)
Violations. No site plan approval shall be issued for any use or new construction where a violation exists on the subject property of any chapter of the Town of Tuxedo Code or the New York State Uniform Building Codes. Further, upon written report or receipt of a notice of violation or order to cease and desist from the Code Enforcement Officer, the Planning Board shall not review, hold public meetings or public hearings, or take action regarding an application for site plan approval until notified by the Code Enforcement Officer that such violation has been cured or ceased by the applicant. A site plan application shall not be deemed complete in the absence of such notification. However, the Planning Board may, upon written recommendation of the Code Enforcement Officer, review and act on an application involving property for which there is a violation where such application is a plan to cure the violation and bring the property or use of the property into compliance with the Town Code.
(7)
Referrals. Depending on the nature of the application, the Planning Board may require that additional copies of the site plan application be forwarded to one or more of the following reviewers:
(a)
Town Highway Superintendent;
(b)
Town Engineer, Town Planner or other department, official or agency of the Town;
(c)
Emergency and community service providers, including the applicable fire and/or school district;
(d)
Water, sewer, electric, gas, cable, phone, or other utility service providers;
(e)
Orange County Highway Department or Orange County Health Department;
(f)
The NYSDOT, the NYSDEC, NYSOPRHP;
(g)
Palisades Interstate Park Commission;
(h)
U.S. Army Corps of Engineers, Federal Emergency Management Agency;
(i)
An expert consultant qualified to advise on the subject matter, e.g., a radiofrequency or traffic engineer.
(j)
Any other agency that the Planning Board deems appropriate based on the nature of the application.
(8)
SEQRA. The Planning Board shall comply with the provisions of the New York State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations.
(9)
Public hearing. The Planning Board may hold a public hearing on the site plan. If a hearing is held, such hearing shall be held within 62 days of the Planning Board's acceptance of a complete site plan application. The Planning Boards shall give public notice of said hearing in a newspaper of general circulation in the Town at least five days prior to the date thereof. Notice of such hearing shall be given by the applicant to the owners of adjacent or surrounding properties within 200 feet of the subject property at least 10 days before said hearing and proof of such notice shall be filed with the Planning Board. Nothing herein shall preclude the holding of a public hearing on any matter on which a public hearing is not so required. Where a special use permit is required for the proposed action, the public hearing on the special use permit shall be coordinated with any hearing on the site plan application to the maximum extent possible.
(10)
Notice to Orange County Planning Department. At least 10 days before such hearing, the Planning Board shall mail notices thereof to the Orange County Planning Department as required by Section 239-m of the General Municipal Law of the State of New York, which notice shall be accompanied by a full statement of such proposed action as defined therein. In the event a public hearing is not required, such proposed action shall be referred before the final action is taken thereon.
(11)
Site plan decision. The Planning Board shall render a decision within 62 days of the close of a public hearing, or within 62 days after receipt of a complete site plan application if no public hearing is held. The Planning Board may approve, conditionally approve, or disapprove a site plan. The time within which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Planning Board. The date of the decision shall be the date on which the Planning Board meets and votes and renders the decision. The decision of the Planning Board shall be filed in the office of the Town Clerk within five business days after such decision is rendered, and a copy thereof mailed to the applicant. A copy of the decision shall also be filed with the Code Enforcement Officer. The Planning Board may approve, approve with modifications or disapprove the site plan as follows:
(a)
Approve. Upon approval of the site plan and payment by the applicant of all fees and reimbursable costs due to the Town, the Planning Board Chairman shall endorse its approval on a copy of the site plan by affixing his signature thereto.
(b)
Approve with modifications. The Planning Board may approve the site plan with modifications or conditions attached thereto. Upon a determination that the modifications and conditions have been met, and after payment by the applicant of all fees and reimbursable costs due the Town, the Planning Board Chairman shall endorse the site plan by affixing his signature thereto.
(c)
Disapprove. The Planning Board shall set forth its findings of disapproval as part of the record of decision.
(12)
Conditions. The Planning Board shall have the authority to impose reasonable conditions and restrictions as are directly related and incidental to a site plan. The Planning Board may require that site plan approval be periodically reviewed if the intensity of the projected use and other impacts of the project are uncertain. Upon approval of the site plan, any conditions attached to said approval must be met prior to the signing and filing of the site plan map.
(13)
Site plan amendments. Amendments to a site plan shall be acted upon in the same manner as the approval of the original plan.
(14)
Signing and filing. Following approval by the Planning Board, the site plan shall be signed by the Planning Board Chairperson and filed with the Building Department. The maps may not be signed until all Planning Board conditions required prior to filing the signed map are satisfied. One copy shall also be filed with the Code Enforcement Officer, who may thereafter issue a building permit or certificate of occupancy in reliance thereon. No changes, erasures, modifications or revisions shall be made to any site plan after approval has been granted by the Board and endorsed, in writing, on the site plan; otherwise the site plan shall be deemed void.
(15)
Site plan approval; maintenance a continuing obligation.
(a)
Expiration of approval. Site plan approval, with or without conditions, shall expire no later than six months from the date of the approval, as per § 98-55D(11) above, unless a building permit has been issued by the Code Enforcement Officer, or unless a certificate of occupancy has been issued by the Code Enforcement Officer in the event a building permit is not required. The Planning Board may, in its sole discretion, grant up to three extensions of the site plan approval, each for a period not to exceed six months. Each extension may only be granted upon written request of the applicant delivered to the Planning Board no less than 10 days prior to expiration of the site plan approval. No further extensions shall be granted.
(b)
If no certificate of occupancy has been issued, site plan approval shall be effective for a total period of three years from the date the resolution of approval is adopted by the Board, notwithstanding any extension granted. If, at the end of the three-year period, the applicant has not completed construction, final site plan approval shall automatically expire and the applicant must reapply for site plan approval pursuant to this Zoning Chapter.
(c)
Site maintenance. It shall be a continuing obligation and requirement to maintain a property in conformity with the approved site plan. Failure to do so shall constitute a violation of this Zoning Chapter.
§ 98-56 Reservation of parkland.
A.
Before the Planning Board may approve a site plan containing residential units, such site plan shall also show, when required, a park or parks suitably located for playground or other recreational purposes.
B.
Land for parks, playgrounds, or other recreational purposes may not be required until the Planning Board has made a finding that a proper case exists for requiring that a park or parks be suitably located for playgrounds or other recreational purposes within the Town. Such findings shall include an evaluation of the present and anticipated future needs for park and recreational facilities in the Town based on projected population growth to which the particular site plan will contribute.
C.
In the event the Planning Board makes a finding that the proposed site plan presents a proper case for requiring a park or parks suitably located for playgrounds or other recreational purposes, but that a suitable park or parks of adequate size to meet the requirement cannot be located on the property, the Planning Board may require a sum of money in lieu thereof be provided in an amount established by the Town Board. In making such determination, the Planning Board shall assess the size and suitability of lands shown on the site plan which could be possible locations for parks or recreational facilities, as well as practical factors including whether or not there is a need for additional facilities in the immediate neighborhood. Any monies required by the Planning Board in lieu of land for park, playground or other recreational purposes shall be deposited into a fund to be used by the Town exclusively for park, playground or other recreational purposes, including the acquisition of property.
D.
Notwithstanding the foregoing, if the land included in a site plan under review is a portion of a subdivision plat which has been reviewed and approved pursuant to the Town of Tuxedo subdivision regulations, the Planning Board shall credit the applicant for any land set aside or money donated in lieu thereof under such subdivision plat approval. In the event of resubdivision of such plat, nothing shall preclude the additional reservation of parkland or money donated in lieu thereof.
§ 98-57 Performance bond or other surety.
As an alternative to the installation of required infrastructure and improvements and prior to approval by the Planning Board, a performance bond or other sufficient surety to cover the full cost of the same, shall be furnished to the Town by the owner. The amount of the security shall be estimated by the Town Engineer or a designated representative of the Planning Board, and its form shall be approved by the Town Attorney. Such security shall be provided to the Town pursuant to the provisions of Section 277 of the New York State Town Law.
§ 98-58 Site plan data.
A.
Application form. An application for site plan approval shall be submitted to the Building Department on forms provided by the Department for such purpose. The application form shall be completed by the applicant and the owner and shall be accompanied by a site plan as provided herein. A site plan application form must be completed and an owner consent affidavit shall be completed in full with original signature(s) and submitted with the application. An Environmental Assessment Form shall accompany the site plan application unless the Planning Board determines that the action is an exempt action (Type II action) as that term is defined in the regulations implementing the New York State Environmental Quality Review Act.
B.
Site plan. The site plan shall use as a base map an accurate boundary and topographic survey of the property depicting all existing improvements and site topography, and shall be prepared by a licensed land surveyor, a professional engineer, a landscape architect, or an architect licensed by the State of New York. The site plan shall have a maximum size of 34 inches by 44 inches and shall contain the data below, unless waived by the Planning Board:
(1)
Section, block and lot number of the property as identified on the most current tax records, and Tuxedo project ID number.
(2)
Name and address of the owner of record and name and address of the applicant, if different than the owner.
(3)
Name, address and telephone number of the person, firm or organization preparing the map.
(4)
Date, north arrow and written and graphic scale.
(5)
Sufficient description or information to define precisely the boundaries of the property. All distances shall be in feet and tenths and hundredths of a foot. All angles shall be given to the nearest 10 seconds or closer or equivalent in decimal degrees. The error of closure shall not exceed one in 10,000.
(6)
The location, name and existing right-of-way width and pavement width of adjacent streets and curb locations.
(7)
Locations and owners of adjoining property as identified on the most current tax records within 200 feet of the property boundary.
(8)
Location, width and purpose of all existing and proposed easements, setbacks, reservations and other restricted areas, whether private or dedicated to public use, within or adjoining the property.
(9)
A complete description and references to existing deed restrictions or covenants applicable to the subject property. The Planning Board may require submission of a copy of a title report prepared for the subject property to be reviewed by the Planning Board attorney.
(10)
Existing zoning and bulk requirements applicable to the subject property.
(11)
Area map taken from, and at the same scale as, the Town of Tuxedo zoning map. Existing zoning district boundaries within 500 feet of the property lines shall be shown.
(12)
A map showing all contiguous property held in the same ownership or controlled by the same applicant on the area map.
(13)
A 3.5-inch blank square, in the lower right-hand corner, situated above the title block, to be used for the signatures of the Planning Board Chairperson.
(15)
Standard site plan notes described in the application for site plan approval.
C.
Natural features.
(1)
Existing contours at intervals of two feet or less, referring to a datum satisfactory to the Town Engineer.
(2)
Approximate boundaries of any areas subject to flooding or stormwater overflows, including the 100-year and 500-year floodplain as shown on the most recent maps prepared by the Federal Emergency Management Agency.
(3)
Delineated and surveyed boundaries of all freshwater wetlands in accordance with the methodology promulgated by the Town, the U.S. Army Corps of Engineers, or the NYSDEC, as applicable. In the case of a NYSDEC-regulated wetland, the 100-foot adjacent area shall be shown.
(4)
Location of existing watercourses, marshes, wooded areas, rock outcrops, isolated trees with a diameter at breast height (dbh) of 12 inches or more, measured three feet above the base of the trunk, and other significant existing natural features as may be required by the Planning Board. For watercourses, the water quality classification shall be included, and any area subject to a NYSDEC Protection of Waters Permit shall be delineated on the plan.
D.
Existing structures and utilities.
(1)
Location of uses and outline of structures on the subject property and adjacent properties, drawn to scale, within 100 feet of the lot lines.
(2)
Streets, paved areas, sidewalks and vehicular driveways and access locations on the subject property and immediately adjacent thereto.
(3)
Locations, dimensions, grades and flow direction of existing sewers, culverts and waterlines as well as gas, electric, or other underground and aboveground utilities within and adjacent to the property. The potential for any use, activity, or operation to come in close proximity to electrical lines regulated under the High Voltage Proximity Act shall be identified.
(4)
Other existing structures, including fences, walls, landscaping and screening.
E.
Proposed development.
(1)
The footprint or location of proposed buildings and other structural improvements. Building footprints shall show the locations of regular and emergency access to any proposed building or use. Sufficient spot elevations shall be provided so that the elevations of any proposed improvements can be evaluated in comparison to surrounding grade.
(2)
Proposed contours and grading of the site and limits of disturbance. A calculation of the total amount of disturbance shall be provided.
(3)
All pertinent zoning setback and yard dimensions and parking computations. A bulk table shall be provided, identifying noncomplying items or those that require a variance.
(4)
Single line building floor plans and elevations.
(5)
The location and design of all accessory uses and facilities, including but not limited to parking and loading areas, retaining walls, fences, benches, recreation facilities, garbage enclosures.
(6)
The location of all open spaces, including but not limited to recreation areas, landscaped areas, and areas to remain in their natural state.
(7)
A lighting plan, showing the location, height, direction, power and time of use for any proposed outdoor lighting or public address systems.
(8)
Sign location and dimensions.
(9)
The location and arrangement of proposed means of access and egress, including sidewalks, driveways or other paved areas; profiles indicating grading and cross sections showing width of roadway, location and width of sidewalks.
(10)
The location and size of all proposed water, sewer, electric, gas, and drainage lines and facilities.
(11)
Landscaping plan including labels for existing and proposed plants and plantings, including plant species, quantities and planting size.
(12)
Soil erosion and sediment control measures.
(13)
Stormwater Pollution Prevention Plan (SWPPP), if required by the Planning Board or as otherwise required in accordance with NYSDEC regulations.
(14)
Detail sheets for the various improvements shown on the site plan.
(15)
A description or outline of proposed easements, deed restrictions or covenants.
(16)
Any contemplated public improvement on or adjoining the subject property.
(17)
If the site plan indicates a first phase only, a supplementary plan shall indicate ultimate development.
(18)
A list of all required federal, state, county or local permits and approvals.
F.
Additional data. The Planning Board may require submission of any additional data or information that it deems necessary to determine conformity of the proposed action with this Zoning Chapter.
G.
Stormwater management. The Planning Board shall require the applicant to submit a stormwater management plan to mitigate impacts associated with increases in stormwater runoff and changes in water quality. The Planning Board shall require an applicant to install adequate water quality protection devices.
H.
Site plan revisions. All site plans that have been revised shall have a number noted in a triangle next to the revision, accompanied by the date and a brief descriptive summary of the revision.