Union Vale City Zoning Code
ARTICLE VII
Site Plan Review and Approval Procedure
§ 210-61 Requirement for site plan approval.
A.
In accordance with Article III, § 210-10, District Schedule of Use Regulations, prior to the issuance of a building permit or a certificate of occupancy in any district, the Code Enforcement Officer shall require the preparation and approval of a site plan for each of the circumstances set forth below, except in the matter of a one-family dwelling and related accessory uses, including permitted home occupations, or agricultural and conservation uses permitted by right and not involving the clearing of more than five acres of land and/or the construction of any farm buildings or other structures in excess of 10,000 square feet in footprint.
[Amended 3-11-2010 by L.L. No. 12-2010]
(1)
A new principal or accessory building for which the Town of Union Vale requires a building permit will be erected.
(2)
Expansion of an existing principal or accessory building for which the Town of Union Vale requires a building permit will occur.
(4)
A change of the intensity of use, or the amount of floor area devoted to that use, (e.g., creating a greater number of dwelling units, increasing the amount of retail space or other floor area available to customers, or providing additional seating in a restaurant, tavern or place of public assembly) will occur so as to require additional parking and examination of the sufficiency of water supply, sanitary sewage disposal, and other arrangements.
(5)
A change will occur in the extent of the site devoted to off-street parking, service or loading areas, outdoor storage (whether open, partially-enclosed or wholly-enclosed), and similar features.
(6)
Site modifications will be undertaken to comply with the requirements of the Dutchess County Health Department, the New York State Department of Transportation, the New York State Department of Environmental Conservation, or any other agency of jurisdiction.
(7)
Alterations will occur in principal site elements, including but not limited to the location, number and configuration of parking spaces; the location and configuration of egress and access points; the location, height, type and intensity of outdoor lighting; the location and treatment of site landscaping, including the extent of the site devoted to lawns and open space and the location, type and extent of landscape plant materials; the location, number, area and/or design of any freestanding signs; and the location and height of fences, walls and similar improvements.
(9)
As set forth within Town Code Chapter 111, Driveways, the installation of an individual or common driveway providing access to a residential dwelling or other habitable structure having any portion of the driveway greater than 12% in grade, but no greater than the maximum 15% in grade established therein, is proposed.
B.
The Code Enforcement Officer shall refer the applicant to the Planning Board for applicant's conformance with the site plan review and approval procedure in accordance with § 274-a of the Town Law and the more specific submission requirements, design criteria and review procedures set forth in this article.
§ 210-62 Sketch plan conference.
A.
A sketch plan conference between the Planning Board and applicant shall be held to initially review the basic site design concept and to generally determine the extent of site plan review necessary for the intended project and the minimum information to be required on the Site Plan and in accompanying reports.
B.
At the sketch plan conference, the applicant shall provide a written statement and/or sketch plan describing what is proposed, including indication of all existing structures, other improvements and uses, if any, on the site. The applicant should also provide an area map keyed to the Dutchess County Real Property Tax Maps showing the parcel under consideration for site plan review and all properties, structures, subdivisions, streets and easements within 200 feet of the boundaries thereof.
C.
At the sketch plan conference, the Planning Board shall take one of the below three actions:
(1)
Administratively determine that the intended project is limited in scope, with compatible land use, site and building design characteristics, thus requiring no further review under this article and chapter. Such determination shall be restricted to intended projects involving exclusively the establishment of permitted uses within existing complying structures or the limited modification of existing conforming uses and complying structures, as determined by the Code Enforcement Officer, wherein no substantial site improvements are either required or proposed and where no existing violations of either this chapter or other laws, rules and regulations governing building construction, site development and/or the related occupancy of related buildings and lands are present.
(2)
Administrative determinations.
(a)
Administratively determine that the intended project does require full review under this article, based upon the project's scope and/or land use, site and building design characteristics, and advise the applicant of the site plan submission requirements in accordance with the site plan checklist set forth in below § 210-63A of this article.
(b)
At this time, the Planning Board may waive one or more of the data requirements for site plan submission, as set forth on the checklist. The Planning Board may also require that the applicant seek pre-application input from one or more of the persons and agencies cited in § 210-65C of this article.
(c)
In such instance, the Planning Board shall additionally employ the sketch plan conference as an opportunity to review with the applicant both the site plan design criteria set forth within this article at § 210-64 and any complementary design guidelines which may be adopted by the Town Board upon recommendation of the Town's Design Review Committee and which shall be subsequently considered to be an integral part of this chapter.
(3)
Require additional sketch plan information prior to making a determination regarding the applicability of the full site plan review and approval procedure to the intended project.
§ 210-63 Application for site plan approval; fee.
[Amended 3-11-2010 by L.L. No. 12-2010; 10-9-2014 by L.L. No. 5-2014; 1-18-2023 by L.L. No. 1-2023]
Within six calendar months of the sketch plan conference, a complete application for site plan approval shall be made in writing to the Planning Board not less than 21 days prior to a regularly-scheduled meeting and shall be accompanied by not less than 14 copies, consisting of three full-scale prints and 11 half-scale prints, and a portable document format (PDF) file of a site plan which includes information 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 appropriate licensed design professionals, in compliance with the professional licensing requirements administered by the New York State Education Department:
A.
Site plan checklist.
(1)
Title of drawing, including the names and addresses of the applicant and the person(s) responsible for the preparation of such drawing and a signature block for the Planning Board's endorsement of its approval of the site plan and, if applicable, the Dutchess County Health Department's endorsement of its approval of the water supply and sanitary sewage facilities depicted thereon.
(2)
North arrow, scale and date, with the scale to be not less than one inch equals 40 feet.
(3)
Identification of the zoning district(s) within which the project is located, and identification if located with a certified New York State Agricultural District.
(4)
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.
(5)
Accurate boundaries of the property plotted to scale, including reference to the specific data source.
(6)
The names of all owners of record of lands adjacent to or directly opposite the applicant's property, i.e., on the other side of an adjoining street or roadway.
(7)
The location of structures, uses and facilities on adjacent properties within 100 feet of the subject property line.
(8)
Existing watercourses, wetlands and floodplains, including reference to specific data source.
(9)
The location and boundaries of other pertinent natural features that may occur on the site and influence the design of the proposed use such as, but not limited to soil types, rock outcrops, existing vegetative cover and either specimen trees or substantial tree masses which may be located within that portion of the site to be prepared for development, and other natural resources as identified in the Town of Union Vale Natural Resources Inventory (2021). Applications shall specify if the area proposed for development is in an area known for rare species, critical habitats, or listed species.
(10)
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 minimum two-foot contour intervals and related soils data generally required on that portion of any site proposed for development or where general site grades exceed 5% or there may be susceptibility to erosion, flooding or ponding. A calculation of the extent of cut and fill shall accompany the grading plan, and an erosion and sediment control plan shall also be provided in accordance with the requirements of the Dutchess County Soil and Water Conservation District's Soil Erosion and Sediment Control Guidebook.
(11)
The location, dimension, proposed use and height of all buildings, both existing and proposed.
(12)
Both the location, design and construction materials of all parking and loading areas, including their access and egress drives, and a clear diagram depicting all traffic patterns on the site.
(13)
Provision for pedestrian access both within and, if applicable, beyond the project site.
(14)
The location of outdoor storage for equipment and materials, if any, and the location, type and design of all solid waste-related facilities, including dumpsters and recycling bins, and screening.
(15)
The location, design and construction materials of all existing or proposed site improvements, including but not limited to drains, culverts, retaining walls, fences and pedestrian amenities, such as benches and bicycle racks.
(16)
A description of the means for sewage disposal and the location, design and construction materials of such facilities.
(17)
A description of the water supply and the location, design and construction materials of such facilities.
(18)
The location of fire and other emergency zones or lanes, including the location of fire hydrants, if any, or the nearest alternative water supply for fire emergencies.
(19)
The location, design and construction materials of franchise and other energy distribution and communications facilities, including electrical, gas and solar energy, and telephone, cable television, satellite and other communications.
(20)
The design, location, type, size, height and design of all proposed signage, including associated lighting, if any.
(21)
The location and proposed development of all buffers, screening and required setback areas, including indication of both existing vegetative cover and that portion that will be preserved.
(22)
The location, type and design of all outdoor lighting facilities, whether freestanding or building-mounted, including catalog cuts and data regarding lumen output and related lighting levels both within the site and at the site's boundaries.
(23)
Building plans designating the amount of building area proposed for retail sales, office use or similar business or commercial activity, including information regarding any proposed division of buildings into smaller units for separate occupancy or tenancy, with such information to be in sufficient detail to permit minimum off-street parking and other zoning requirements to be calculated.
(25)
Building elevations, facade treatments, illustrations and/or photosimulations and sections at a scale sufficient to delineate clearly the massing and the exterior materials, textures and colors of all buildings and other structures shown on the site plan, such data to be complemented by catalog cuts and/or material samples, as may be appropriate describing the design and architectural elements of all proposed buildings.
(26)
Stormwater pollution prevention plan (SWPPP) pursuant to NYSDEC and EPA Phase II Stormwater Regulations and Town Code Chapter 122, Erosion and Sediment Control, and consistent with the submission requirements and the performance and design criteria and standards set forth therein.
(27)
Other elements integral to the proposed development as considered necessary by the Planning Board, including a proposed development schedule and the identification of any federal, state or county permits required for the project's execution.
(28)
If, upon a review of the materials submitted by the applicant, the Planning Board determines that a proposed commercial project could have traffic or, visual impacts, the Planning Board may require the applicant to prepare and submit a traffic impact analysis or a visual impact assessment. Costs for all reports, assessments, or plans required by the Planning Board shall be borne by the applicant.
(a)
Traffic report. When a traffic report is required by the Planning Board, it shall include the following for the study area:
[1]
Internal traffic flow analysis.
[2]
Existing and projected average daily traffic and peak hour levels.
[3]
Existing and projected intersection levels of service (LOS).
[4]
Directional vehicular flows resulting from the proposed project.
[5]
Proposed methods to mitigate the estimated traffic impact.
[6]
Identification of any pedestrian crossing issues.
[7]
The methodology and sources used to derive existing data and estimations.
(b)
Visual impact report. The Visual Impact Assessment shall be prepared by a registered Landscape Architect or other qualified professional and shall include:
[1]
A report that visually illustrates and evaluates the relationship of proposed new structures or alterations to nearby natural landscapes and to pre-existing structures in terms of visual character and intensity/scale of use (e.g., scale, materials, color, door and window size and locations, setbacks, roof and cornice lines, and other major design elements).
[2]
An analysis of the visual impacts on neighboring properties from the proposed development and alterations, and of the location and configuration of proposed structures, parking areas, open space, and gradient changes.
[3]
The Planning Board may require use of photo-simulations or balloon tests as part of the visual impact assessment.
B.
Required fee. A complete application for site plan review and approval shall include the applicable fee and escrow deposit in accordance with the fee schedule established and annually reviewed by the Town Board.
C.
Environmental assessment form (EAF). A complete application for site plan review and approval shall also include either a short or full environmental assessment form (EAF) as required by the Planning Board pursuant to SEQRA, Article 8 of the Environmental Conservation Law, and Title 6, Part 617, NYCRR.
D.
Agricultural Data Statement. If the parcel which is the subject of the application lies partially, wholly or within 500 feet of either a certified agricultural district or land for which an individual commitment has been received pursuant to §§ 305 and 306 of the Agriculture and Markets Law of the State of New York, a complete application for site plan review and approval shall also include an agricultural data statement in a form prescribed by the Planning Board.
E.
Number of copies. Not fewer than 14 copies of the complete site plan application, including all accompanying reports and drawings and the environmental assessment form, shall be provided to permit the Planning Board to initiate its formal review of the site plan application. Additional copies may be required due to review and referral requirements set forth in the Town Law, the General Municipal Law or the Environmental Conservation Law. To the extent practicable, submission of a portable document format (PDF) file of not only the drawings but also all other documents supporting the submission is requested.
§ 210-64 Site plan design criteria.
[Amended 1-18-2023 by L.L. No. 1-2023]
A.
The following criteria and standards are complemented by the design guidelines, if any, referenced in § 210-62C of this article and Attachment 3 and are in combination intended to provide an overall framework on a Town-wide basis within which the site designer is free to exercise creativity, invention and innovation while recognizing the historic, scenic, visual and rural qualities inherent in the community. In the case of lands and structures within the Hamlet (H) District or the Environmental Resource Overlay (ER-O) and Scenic Corridor Overlay (SC-O) Districts, the site designer shall also be guided by the design criteria and principles set forth in Article V, §§ 210-46, 210-48 and 210-49, respectively, of this chapter.
B.
The following design criteria shall be met:
(1)
Relationship of proposed development to the Town Master Plan; the County Plan, Directions; and Greenway Connections.
(a)
Due attention by the applicant should be given to the goals and objectives and the stated general land use policies for the Town of Union Vale as set forth both in the Town Master Plan, including consideration of the related policies set forth in the County Plan, Directions, and Greenway Connections, and by this chapter and the relationship of the proposed development to the specific area of the Town in which it is located.
(b)
In the site plan and design, consideration should be given to the use of traditional building forms and layouts which are evidence of the distinctive historical development of the area and, in particular, of any specially designated or recognized scenic, historic or natural areas and properties within the vicinity of the proposed development.
(2)
Relationship of buildings to site.
(a)
The site shall be planned to accomplish a desirable transition with the streetscape or roadscape and to provide for adequate planting, safe pedestrian movement and adequate parking areas.
(b)
Except as may be inappropriate to a hamlet, the TC District, an historic or traditional streetscape or roadscape characterized by a uniform setback or front building line, site planning in which setbacks and yards are varied and generally in excess of minimum zoning restrictions is encouraged to provide a variation in relationship between buildings.
(c)
Parking shall be located to the rear or sides of buildings so as to not interfere with the landscape treatment and streetscapes and shall be fully screened from view of adjacent residences.
(d)
Without restricting the permissible limits of the applicable zoning district, the height and scale of each building shall be compatible with its site and existing and anticipated adjoining buildings, to the extent that the existing buildings are considered positive contributing structures to the neighborhood.
(e)
Newly installed franchise utility services and service modifications necessitated by exterior modifications or building expansion shall, to the extent practicable, be underground.
(f)
New structures shall be sited and located to take advantage of solar access insofar as practical.
(3)
Relationship of buildings and site to surrounding area.
(a)
Site plans proposed for nonresidential uses either within or adjacent to a residential district shall be specifically reviewed with regard to the impact of the development on the residential district.
(b)
The Planning Board shall encourage the use of a combination of common materials and architectural characteristics (e.g., rhythm, color, texture, form or detailing), landscaping, buffers, natural screens and other visual disruptions to create attractive transitions between buildings of different architectural styles.
(4)
Landscape, buffering and site treatment.
(a)
Where possible, natural or existing topography contributing to the beauty and character of a development shall be preserved.
(b)
The design, materials and grades of walkways, parking spaces, terraces and other paved areas shall provide an inviting appearance.
(c)
Landscaped treatment shall be provided to enhance architectural features, to strengthen vistas and visual corridors and to provide shade.
(d)
Unity of design shall be achieved through repetition of certain plant varieties and other materials and by coordination with adjacent developments and existing natural areas.
(e)
Plant material shall be selected of interest for its structure, texture and color and in consideration of its ultimate growth pattern. Native plants that are indigenous to the area and others that will be hardy and harmonious to the design, exhibit a good appearance, and be salt-tolerant and pollinator-friendly where necessary, shall be used.
(f)
In locations where plants may be susceptible to injury by pedestrian or vehicular traffic, the plant materials should be protected by appropriate berms, curbs, tree guards or other devices.
(g)
Parking areas and traffic ways shall be enhanced with both perimeter landscaping and landscaped islands, where appropriate, containing trees and tree groupings.
(h)
Screening of service yards, refuse containers and other places that tend to be unsightly shall be accomplished by use of berming, walls, fencing or planting, or combinations of these, with any structural enclosure being compatible in material, texture and color with the principal building or buildings on the site.
(i)
Landscaping shall be designed and maintained so as to not create hazardous conditions related to traffic, police or fire protection, or other factors.
(5)
Lighting.
(a)
Exterior lighting shall enhance the architectural concept, the building design and the adjoining landscape but shall not adversely impact dark skies. Lighting standards and fixtures shall be of a design and size compatible with the building and adjacent areas.
(b)
The number of light standards and the intensity of lighting shall be appropriate to illuminate the location for safety and security but shall not cause glare upon adjoining properties, including public rights-of-way. All lighting and fixtures shall be dark sky compliant.
(c)
Lighting standards and fixtures shall be appropriate to the design of structures and shall in combination not exceed 15 feet in height in a residential district or 15 feet in height in a Commercial District except where these limitations may be modified by the Planning Board upon its determination that the extraordinary lighting requirements for a particular use require in the interest of public health and safety the employ of combined lighting standards and fixtures of greater height.
(6)
Building design.
(a)
Building design shall make appropriate recognition of compatible building forms and scale indigenous to the community and, in particular, the rural and historic character of the Town's hamlets and farm properties.
(b)
Materials shall have good architectural character and shall be selected for harmony with traditional building materials. Wherever practicable, natural materials shall be used.
(c)
Building components, such as windows, rooflines, doors, eaves and parapets, shall have well designed proportions, scale and relationships to one another and be compatible with the rural and historical character of the Town's hamlets and farm properties.
(d)
Mechanical equipment, such as air conditioners and satellite dishes, or other utility hardware located on roofs, the ground or buildings shall be screened from adjacent properties and public view with materials harmonious with the building, specified as to color so as to blend with their surroundings, or located so as not to be visible from any public way or lands.
(e)
Franchise modern architecture typical of gasoline station, convenience store, automobile service, fast-food restaurants and similar establishments shall not be considered appropriate building design within the Town of Union Vale.
(7)
Signs.
(b)
Every sign shall be designed as an integral architectural element of the building and site to which it principally relates.
(c)
The colors, materials and lighting of every sign shall be restrained and shall be harmonious with the building and the site to which it principally relates.
(d)
The number of graphic elements on a sign shall be held to the minimum necessary to convey the sign's major message and shall be composed in proportion to the area of the sign face.
(e)
Identification signs of a prototype design and corporation logos shall be modified as necessary by the applicant and project designer to conform to the criteria set forth within this chapter for all signs within the Town of Union Vale.
(8)
Ecological considerations.
(a)
The proposal shall result in minimal degradation of unique or irreplaceable land types and in minimum adverse impact upon areas of environmental concern.
(b)
The proposal shall conform to the extent practicable with the existing ecological, geological and topographic features, to the end that the most appropriate use of the land is encouraged and excessive site alteration and imposition of features inimical to rural character, such as retaining walls, avoided.
(c)
The Town of Union Vale Natural Resources Inventory shall be used as a guide to identify and understand natural resources that may be present on a site.
(9)
Storm drainage.
(a)
The proposed development shall be so designed as to provide for proper surface water management through a system of controlled drainage that preserves existing drainage patterns and protects other properties.
(b)
Wherever practicable, storm water management techniques, including on-site detention, should be employed to both address existing drainage problems, if any, and avoid an increase in either the peak volume or rate of storm water discharge from the project site in its post-development condition. Low impact development standards pursuant to the New York State Stormwater Design Manual Chapter 5 shall be used to address drainage and stormwater to the maximum practical.
(c)
All drainage plans shall be reviewed and approved by the Town Engineer.
(10)
Solid waste. Facilities to handle solid waste, including compliance with recycling requirements, shall be easily accessible, secure and properly screened.
(11)
Vehicular traffic.
(a)
All entrance and exit driveways shall be located with due consideration for traffic flow so as to afford maximum safety on public streets and shall meet all current design standards of the appropriate state, county or Town authority, i.e., agency of jurisdiction, unless specifically waived or modified by that authority. The Planning Board shall ensure plans avoid or mitigate adverse impacts on traffic along Route 55 and CR 21.
(b)
On-site circulation shall be designed for ease of use and to connect safely with adjoining properties via internal service roadways and similar vehicular links where appropriate without necessity of returning to the public street system, including consistency with related recommendations discussed in the Town Master Plan.
(12)
Pedestrian and bicyclist circulation.
(a)
Pedestrian circulation shall be separated, to the extent practicable, from vehicular circulation. Walkways shall be provided on the site, on its approaches, and linked to off-site pedestrian connections where deemed appropriate, or where a density bonus for this amenity has been provided for.
(b)
Proper provision shall be made for buildings and associated site development that are accessible to and functional for handicapped persons, such as by provision of walks and ramps of suitable width and grade, curb cuts, signed and suitable dimensioned parking spaces and ground level building entrances, as required by the New York State Uniform Fire Prevention and Building Code and the New York State Vehicle and Traffic Law.
(c)
Facilities shall be provided, where deemed applicable by the Planning Board, for bicycle travel within the site and to adjacent areas as well as for the short-term parking of bicycles.
(13)
Water. The Planning Board may require hydrology studies or well pump tests to ensure that the proposed use has adequate water supplies and that such water supply does not adversely affect groundwater supplies to nearby or adjacent existing uses.
§ 210-65 Planning Board review procedure.
[Amended 3-11-2010 by L.L. No. 12-2010; 1-18-2023 by L.L. No. 1-2023]
Planning Board review procedure. The Planning Board shall review and act on all applications for site plan approval in accordance with the standards and procedure specified herein:
A.
Planning Board review. The Planning Board's review of a site plan shall include the following considerations:
(1)
Whether the applicant has applied to the intended project to the extent deemed reasonable and practicable by the Planning Board the site plan review criteria set forth in the aforesaid Article VII, § 210-64, of this chapter, including consideration of the design guidelines and various supplementary regulations referenced herein.
(2)
Whether the applicant has suitably addressed the below technical criteria:
(a)
Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, turning lanes, dividers and other traffic controls.
(b)
Adequacy and arrangement of pedestrian traffic access and circulation, walkways, control of intersections with vehicular traffic and overall pedestrian convenience.
(c)
Location, arrangement, appearance and sufficiency of off-street parking and loading facilities.
(d)
Location, arrangement, size, design and general site compatibility of principal and accessory buildings, lighting and signage.
(e)
Adequacy of stormwater and drainage facilities.
(f)
Adequacy of water supply and sewage disposal facilities.
(g)
Adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or noise deterring buffer between the applicant's lands and adjoining lands, including concern for the maximum practicable retention of existing vegetation.
(h)
In the case of a multifamily dwelling or dwellings, the adequacy of open space areas for play and informal recreation.
(i)
Protection of adjacent or neighboring properties against noise, glare, unsightliness or other objectionable features.
(j)
Adequacy of fire lanes and other emergency zones and water supply for fire emergencies.
(k)
Special attention to the adequacy of structures, roadways and landscaping in areas where susceptibility to ponding, flooding and/or erosion or in the vicinity of wetlands or similar natural features.
(l)
Compatibility of building design and the design of all visible site appurtenances with existing characteristics of the neighborhood and appropriateness to the rural character of the Town of Union Vale, including consideration of nearby properties recognized locally as historic or architecturally significant.
B.
Public notice and hearing.
(1)
The Planning Board shall within 62 calendar days of the receipt of a complete application, as set forth in § 210-63 of this article and chapter, conduct a public hearing on any such application for site plan approval. The Planning Board shall provide a copy of the notice to the applicant, at which hearing the applicant shall appear in person or by agent to present his intended project to the public.
(2)
The Board shall additionally provide notice as follows:
(a)
By publishing at least five calendar days prior to the date thereof a legal notice in the official newspaper of the Town.
(b)
By requiring the Clerk to provide notice of the public hearing and data regarding the substance of the application by certified mail, return receipt requested, to the owners of all property abutting that held by the applicant and all other owners within 200 feet of the land involved in the application. Notice shall be mailed at least 10 calendar days prior to the hearing, with compliance with the notification procedure certified to by the Clerk or other designated Town employee. The Town shall charge the applicant either a flat rate or a stated amount per notice for satisfying this requirement.
[1]
The names and addresses notified shall be taken as such appear on the last completed tax roll of the Town.
[2]
Provided that there has been substantial compliance with these provisions, the failure to give individual notice in exact conformance herewith shall not be deemed to invalidate an action taken by the Planning Board in connection with approving or disapproving an application for site plan approval.
(c)
Posting a conspicuous sign on its road frontage indicating the parcel is the subject of a pending proceeding before the Planning Board for a period of not less than five calendar days prior to the public hearing and in such manner as otherwise specified by the Planning Board at the time of acceptance of the application for site plan approval.
(3)
If the land involved in the application lies within 500 feet of the boundary of any other municipality, the Clerk of the Planning Board shall also mail at least five calendar days prior to the public hearing to the municipal clerk of such other municipality or municipalities a copy of the notice of the substance of every application, together with a copy of the official notice of public hearing.
C.
Consultant review. In its review of an application for site plan approval, the Planning Board may consult with the Town Code Enforcement Officer and/or Deputy Code Enforcement Official, the Conservation Advisory Council, the Design Review Committee, the agency of highway jurisdiction, i.e., the Town Superintendent of Highways, the Dutchess County Department of Public Works and/or the New York State Department of Transportation, the Dutchess County Health Department, other local and county officials and its designated private planning, legal and engineering consultants, in addition to representatives of other state or federal agencies, including but not limited to the New York State Departments of Health and Environmental Conservation, the New York State Office for Parks, Recreation and Historic Preservation, and the U.S. Army Corps of Engineers. All costs related to the site inspection and review of a site plan, including any studies, reports, analysis, or other information that may be required by the Planning Board, shall be borne by the applicant.
D.
Required referral. A full statement of any application for site plan approval that meets the referral requirements of §§ 239-l and 239-m of the General Municipal Law shall also be referred prior to the public hearing to the Dutchess County Department of Planning for its review. The Planning Board shall take no action on such application until an advisory recommendation has been received from the County Department of Planning or 30 calendar days have elapsed since the Department received such full statement. In the event the Dutchess County Department of Planning recommends disapproval or recommends modification thereof, the Planning Board shall not act contrary to such recommendation except by a vote of a majority plus one of all members adopting a resolution fully setting forth the reasons for the contrary action. Within seven calendar days after such final action, the Planning Board shall file a report of the final action it has taken with the County Department of Planning.
E.
Waiver of requirements. The Planning Board may find that some requirements of this article are not requisite in the interest of the public health, safety or general welfare as applied to a particular project or application or are inappropriate to a particular site plan. In such cases, the Planning Board may, in its sole discretion, waive any requirements for the approval, approval with modifications, or disapproval of site plans submitted for approval provided such a waiver does not prevent or circumvent the purposes and intent of any Town of Union Vale law or regulation or the Comprehensive Plan. Waivers shall be explicitly requested by the applicant in writing, and expressly granted only by the Planning Board. The grant of such waiver shall be accompanied by a finding that compliance with the requirement is either not requisite in the interest of the public health, safety and general welfare or inappropriate to the particular site plan. The finding shall also be supported by a determination under SEQRA that the grant of such waiver will not cause any significant adverse environmental effect that would have been avoided or more fully mitigated were there compliance with the specific requirement. In granting waivers, the Planning Board may, in its sole discretion, incorporate such reasonable conditions as will in its judgment substantially secure the objectives of the requirements so waived. The Planning Board must state, in writing, its grounds for electing to waive such requirements and file such statement along with the site plan application and supporting documents. Requirements of this law may not be waived except as properly voted by the Planning Board.
F.
Decisions.
(1)
Within 62 calendar days of the close of a public hearing, the Planning Board shall act on the application for site plan approval. The Planning Board's action shall be by resolution approving, disapproving or approving with modifications the application for site plan approval. A copy of the resolution shall be filed in the office of the Town Clerk within five business days thereof. Certified copies shall also be sent to the applicant and the Town Code Enforcement Officer.
(2)
A resolution of either approval or approval with modifications shall include authorization to the Planning Board Chairperson to stamp and sign the site plan upon the applicant's compliance with the submission requirements for stamping set forth in § 210-66A below and any additional conditions and/or requirements stated within the resolution. If the Planning Board's resolution includes a requirement that modifications be incorporated in the site plan, explicit conformance with said modifications shall be considered a condition of approval.
(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.
§ 210-66 Other administrative provisions.
A.
Submission requirements for stamping. After receiving site plan approval, with or without modifications, from the Planning Board, the applicant shall within six calendar months submit six prints and one reproducible Mylar of the site plan to the Planning Board for stamping and signature by the Chairperson. 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 modifications directed by the Planning Board and shall be accompanied by the following information:
(1)
Record of application for and documentation of approval status of all necessary permits, certifications, etc., from federal, state and county agencies.
(2)
Detailed sizing and final material specification of all improvements depicted on the site plan.
(3)
An estimated project construction schedule and, if a performance guarantee has been deemed by the Planning Board to both be authorized and required for all or some portion of the work, a detailed site improvements' cost estimate reviewed and approved by the Town Engineer.
B.
Effect of stamping by the Planning Board Chairperson. Upon stamping and signature by the Chairperson, the Planning Board shall forward a copy of the approved site plan to the Town's Code Enforcement Officer and the applicant. The Code Enforcement Officer may then issue a building permit and/or certificate of occupancy if the project conforms to all other applicable requirements.
C.
Expiration of approval.
(1)
Planning Board approval of a site plan shall expire if either of the following circumstances occurs:
(a)
The site plan is not submitted in approvable form for stamping and signature by the Chairperson within six calendar months of the Planning Board's resolution of site plan approval, with or without modifications.
(b)
A complete application is not submitted within six calendar months of the stamping and signing of the site plan by the Chairperson to the Code Enforcement Officer for either a building permit or certificate of occupancy
(2)
Upon written request to the Planning Board prior to the date of such expiration, the time period for either submission of the site plan or submission of the complete application for a building permit or certificate of occupancy may be extended for a maximum period of six calendar months from its otherwise specified termination date.
D.
Reimbursable costs. Reasonable costs incurred by the Planning Board for private consultation fees or other extraordinary expense in connection with the review of a proposed site plan shall be charged to the applicant. Such reimbursable costs shall be in addition to the application fee required above in § 210-63 of this article. Except where specifically authorized by the applicant, maximum amounts for such reimbursable costs by project type and size shall be in accordance with the fee schedule established and annually reviewed by the Town Board.
E.
Performance guaranty. No certificate of occupancy shall be issued until all improvements shown on the site plan are installed or a sufficient performance guarantee has been posted for all improvements not yet either completed or inspected and confirmed as to their adequacy. Such performance guarantee shall be posted in accordance with the same procedure as specified within § 277 of the Town Law relating to subdivisions. The amount and sufficiency of such performance guarantee shall be determined by the Planning Board after consultation with the Town Attorney, the Town Engineer, other local officials, or any of the Planning Board's other designated private consultants.
F.
Inspection of improvements. The Code Enforcement Officer shall be responsible for the overall inspection of site improvements, including coordination with the Town Engineer and other local officials and agencies, as may be appropriate of multifamily residential, institutional, commercial or other large-scale projects. Reasonable expenses incurred by the Town for inspections by the Town Engineer, or other appropriate professionals, shall in addition to costs associated with site plan review, be reimbursed to the Town by the applicant in accordance with the fee schedule established and annually reviewed by the Town Board.
G.
Integration of procedures. Whenever the particular circumstances of a proposed development require compliance with either another procedure under this chapter, such as special permit review and approval, the requirements of Chapter 192, 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 article 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 article for consideration of an application for site plan approval or in the aforesaid related regulations or requirements.
H.
Relief from decisions. Any person or persons jointly or severally aggrieved by any decision of the Planning Board on an application for site plan approval 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 otherwise be governed by the specific provisions of Article 78, but must be initiated as therein provided within 30 calendar days after the filing of the Board's decision in the office of the Town Clerk.