Vernon Town City Zoning Code
PART 7
Site Plan Review
§ 139-78 Purpose and intent.
The Town of Vernon, New York incorporates this site plan review process as a tool for the Zoning Board of Appeals to review commercial, industrial, institutional and multiple-family residential uses in all zoning districts. For the purposes of this Part 7, “multiple-family residential” shall mean a building containing three or more attached dwelling units. The intent of this Part 7 is to allow for the Town Zoning Board of Appeals to have power of discretion in reviewing commercial, industrial, institutional and multiple-family residential site plans pertaining to project design and landscaping requirements.
As an integral component of site plan review, the Town Board of Vernon has determined that poor quality of design and poor location of buildings and structures (including signs and accessory buildings) adversely affect the desirability of the immediate neighborhood and impair the benefits, stability and value of improved and unimproved property in such areas.
Therefore, it is the intent of this Part 7 to grant to the Zoning Board of Appeals the review discretion necessary to avoid such conditions and to ensure that the location and design of buildings, structures and open spaces in the Town aid in creating a balanced and harmonious composition of the whole as well as the relationship of its parts. As such, all applications requiring site plan review will be subject to a general architectural review and will be evaluated with respect to the context of, and compatibility with, their surrounding environs.
§ 139-79 Additional duties of Zoning Board of Appeals for architectural review.
The Town of Vernon Zoning Board of Appeals, appointed by the Town Board, is duly authorized to perform general architectural reviews as an integral component of the Town's site plan review procedure under the provisions of this Part 7.
The Zoning Board of Appeals is charged with the duty of maintaining the desirable character of the Town and of disapproving the construction, reconstruction and alteration of buildings subject to site plan review that are designed without consideration of the harmonious relation of the new or altered building to such buildings as already exist and the environs in which they are set.
The Zoning Board of Appeals is charged with the duty of exercising sound judgment and of rejecting plans which, it its opinion, based upon study and advice of the Town Engineer, Town Attorney or an architectural/historic preservation consultant, are not of harmonious character because of proposed style, materials, mass, line, detail or placement upon the property or in relation to the spaces between buildings or the natural character of the landscape or because the plans do not provide for the location and design of structures and open spaces so as to create a balanced and harmonious composition as a whole and in relation to its several parts and features to each other.
§ 139-80 Review process steps.
§ 139-81 Procedure for preliminary site plan review and action.
General provisions.
Prior to the issuance of a building permit for any site plan review uses, the Town Board shall refer the application and all application materials as specified herein to the Zoning Board of Appeals for its review and approval in accordance with the provisions set forth in this Part 7. In cases where land use and/or area density is at issue, or where specific cases of hardship or improper classification are evident, the Zoning Board of Appeals shall notify the Town Board and shall refer the application to the Zoning Board of Appeals for an opinion and recommendation prior to granting preliminary site plan approval. If an application for a variance of land use or area is made to the Zoning Board of Appeals prior to the application for site plan review, the Zoning Board of Appeals shall notify the Town Board and the Zoning Board of Appeals of the action and opinion prior to the granting of preliminary site plan approval.
Within 62 days of the receipt of a preliminary site plan and all information necessary to constitute a fully complete application, the Zoning Board of Appeals shall inform the applicant, in writing, of its decision. An application shall be considered complete when the applicant has submitted all information necessary to make a determination of significance under the New York State Environmental Quality Review Act.
If the Zoning Board of Appeals determines that the site plan or building style does not meet the standards of the Town, the applicant may request an extension of the sixty-two-day period.
Concept review. A meeting shall be held between the Zoning Board of Appeals and applicant to review the basic site and architectural design concept and generally determine the information to be required on the preliminary site plan. The applicant should provide the data discussed below in addition to a statement or rough sketch describing the proposal. The Zoning Board of Appeals shall issue written comments as the result of this meeting. The applicant shall provide the following information:
An area map showing the parcel under consideration for site plan review, and all properties, subdivisions, streets and easements within 500 feet of the boundaries thereof.
A map of site topography at no more than five-foot contour intervals. If general site grades exceed 5% or portions of the site have bedrock outcrop or the susceptibility to erosion, flooding or ponding, a soils overlay and a topographic map showing contour intervals of not more than two feet of elevation should also be provided.
The owner, the architect, or other agent of the owner shall submit preliminary plans, elevations, sketches and/or proposals to the Zoning Board of Appeals for consultation concerning preferred architectural aesthetics prior to filing an application for a building permit or an application for site plan review.
Application for preliminary site plan approval.
Fees and costs.
An administrative fee as set by resolution of the Town Board shall accompany an application for preliminary site plan review and approval. No further fee is required at the final site plan stage.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The applicant shall pay anticipated costs that the Zoning Board of Appeals expects to incur due to consulting services or other review costs, and a minimum amount of $1,000 shall be placed in an escrow account. Any unspent funds shall be returned to the applicant within five days of Zoning Board of Appeals action on the final site plan. If the Town's costs to review the project exceed the amount placed in the escrow account, the developer will be asked to pay those costs to the Town prior to issuance of any permits for project development. The costs will be based upon an explanation for the additional review requirements and will be entered in the public record.
An application for architectural review and preliminary site plan approval shall be made in writing to the Zoning Officer and shall be accompanied by information drawn from the following checklist, as determined necessary by the Zoning Board of Appeals at the Concept Review meeting.
Preliminary site plan submission requirements:
Title of drawing, including name and address of applicant and person responsible for preparation of such drawing;
North arrow, scale and date;
Boundaries of the property plotted to scale;
Name and address of all adjoining property owners;
Existing watercourses and drainageways;
Grading and drainage plan, showing existing and proposed contours;
Location, proposed use and height of all buildings;
Location, design and construction materials of all parking and truck loading areas, showing access and egress;
Provision for pedestrian circulation access and handicapped access;
Location of outdoor storage, and method of screening if any;
Location, design and construction materials of all existing or proposed site improvements, including drains, culverts, retaining walls, fences, and signs;
Location, design and general construction materials of all existing or proposed buildings, structures and accessory structures, including elevations of the building(s) illustrating all views fronting public streets, and/or three-dimensional renderings necessary to illustrate the size, shape and form of all sides of the building(s);
Description of the method of sewage disposal and location, design and construction materials of such facilities;
Description of the method of securing public water and location, design and construction materials of such facilities;
Location of fire and other emergency zones, including the location of fire hydrants and fire lanes;
Location, design and construction materials of all energy distribution facilities, including electrical, gas and solar energy;
Location, size and design and construction materials of all proposed signs;
Location and proposed development of all buffer areas, including existing vegetative cover;
Location and design of outdoor lighting facilities and light emissions to 25 feet within adjoining property;
Designation of the amount of building area proposed for retail sales or similar commercial activity;
General landscaping plan and planting schedule;
Other elements integral to the proposed development as considered necessary by the Zoning Board of Appeals, including identification of any state or county permits required for the project's execution;
Agricultural data statement if located within 500 feet of an agricultural district (forms can be obtained at the Oneida County Planning Department or from the Town Clerk);
Archeological survey as required by the New York State Historic Preservation Office (SHPO), if any; and
Completed environmental assessment form (EAF) in compliance with the New York State Environmental Quality Review Act (SEQR).
Review criteria. The following criteria for the Zoning Board of Appeals review may include, but shall not be limited to, the following:
Adequacy and arrangement of vehicular traffic egress/ingress and circulation, including intersections, road widths, pavement surfaces, dividers and traffic controls.
Adequacy, arrangement of pedestrian, ADA-compliant traffic access, and circulation, walkway structures, control of intersections with vehicular traffic and overall pedestrian convenience.
Location, arrangement, appearance and sufficiency of off-street parking and loading.
Location, arrangement, size, design, architectural style and general site compatibility of buildings, lighting and signs.
Relationship of proposed architectural styles and materials within the context of the community, surrounding neighborhood or compatibility with adjacent environs.
Adequacy of stormwater and drainage facilities.
Adequacy of water supply for drinking and fire protection purposes and sewage disposal facilities.
Adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or noise buffer between the applicant's and adjoining lands, including the maximum retention of existing vegetation.
In the case of an apartment complex or other multiple dwelling, the adequacy of usable open space for play areas and informal recreation.
Protection of adjacent or neighboring properties against noise, glare, unsightliness or other objectionable features.
Adequacy of fire lanes, other emergency zones, and the provision of fire hydrants.
Special attention to the adequacy of structures, roadways, and landscaping in areas with susceptibility to ponding, flooding and/or erosion.
Relationship to active agricultural land and fallow land to ensure that the conversion of agricultural land to nonagricultural uses is minimized and to ensure that all potential conflicts with agricultural operations are minimized.
Consultant review. The Zoning Board of Appeals may consult with the Town Engineer, an engineer appointed by the Town Board, Town Zoning Enforcement Officer, Fire Commissioners, Conservation Council, Commissioner of Public Works, other local and county officials, and its designated private consultant, in addition to representatives of federal and state agencies, including, but not limited to, the Soil Conservation Service, the State Department of Transportation and the State Department of Environmental Conservation.
Public hearing. The Zoning Board of Appeals shall conduct a public hearing on the preliminary site plan. Such public hearing shall be conducted within 62 days of the receipt of the complete application for preliminary site plan approval and shall be advertised in a newspaper of general circulation in the Town at least five days before the public hearing.
§ 139-82 Zoning Board of Appeals action on preliminary site plan.
The proposed development in question may be subject to the provisions of the State Environmental Quality Review Act (SEQR). First, the Zoning Board of Appeals should identify the type of action the proposed development is according to the SEQR. Depending on the size, location, and other factors, it may be a Type I or an unlisted action. To make a decision, the Zoning Board of Appeals should consult Part 617 of Article 8 of the Environmental Conservation Law (New York). The Zoning Board of Appeals should also review the environmental assessment form (EAF) submitted as part of the application and consider compliance with current planning activities and plans. The action type and related procedure will dictate the next steps, if any, to be taken to comply with the SEQR regulations.
If it is determined that an environmental impact statement will be prepared for the proposal in question, all time frames and deadlines are delayed until a draft environmental impact statement is filed. The application is not complete, and therefore the review clock does not start, until a determination of no significance has been made or until a draft environmental impact statement has been completed and submitted to the Zoning Board of Appeals. When the draft environmental impact statement is completed, the period for Zoning Board of Appeals review begins (62 days). If another agency has determined that the proposal in question may have a significant effect on the environment, the Zoning Board of Appeals shall not issue a decision until a final environmental impact statement has been filed.
When compliance with SEQR is complete, the Zoning Board of Appeals shall act on the application within 62 days. If no decision is made within said sixty-two-day period, the preliminary site plan shall be considered approved. The Zoning Board of Appeals's action shall be in the form of a written statement to the applicant stating whether the preliminary site plan is approved, disapproved or approved with modifications. The Zoning Board of Appeals's statement may include recommendations of desirable modifications to be incorporated in the final site plan, and conformance with said modifications shall be considered a condition of approval. If the preliminary site plan is disapproved, the Zoning Board of Appeals's statement will contain the reasons for such findings. In such a case, the Zoning Board of Appeals may recommend further study of the site plan and resubmission to the Zoning Board of Appeals after it has been revised or redesigned.
§ 139-83 Procedure for final site plan review and action.
After receiving approval, with or without modifications, from the Zoning Board of Appeals on a preliminary site plan, the applicant shall submit a final, detailed site plan to the Zoning Board of Appeals for approval. If more than six months have elapsed since the time of the Zoning Board of Appeals's action on the preliminary site plan and if the Zoning Board of Appeals finds that conditions have changed significantly in the interim, the Zoning Board of Appeals may require a resubmission of the preliminary site plan for further review and possible revision prior to accepting the proposed final site plan for review.
The final site plan shall conform substantially to the approved preliminary site plan. It should incorporate any modifications that may have been recommended by the Zoning Board of Appeals in its preliminary review, including consensus regarding recommended architectural style. All such compliances shall be clearly indicated by the applicant on the appropriate submission.
The following additional information shall accompany an application for final site plan approval:
Required referral. Prior to taking action on the final site development plan, the Zoning Board of Appeals shall refer the plan to the County Planning Department for advisory review and a report in accordance with § 239-m of the General Municipal Law, where the proposed action is within a distance of 500 feet from the boundary of a farm operation located in an agricultural district, any city, village, or town, or from the boundary of any existing or proposed county or state park or other recreation area, or from the right-of-way of any existing or proposed county or state parkway, thruway, expressway, road or highway, or from the existing or proposed right-of-way of any stream or drainage channel owned by the county or for which the county has established channel lines, or from the existing or proposed boundary of any county- or state-owned land on which a public building or institution is situated.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Zoning Board of Appeals action on final detailed site plan. No final site plan approval shall be granted on any application that has been referred to the Zoning Board of Appeals unless the Zoning Board of Appeals has recommended approval of the architectural style, the plans have been amended to incorporate any conditions of approval imposed by the Zoning Board of Appeals or the Zoning Board of Appeals approves the site plan by a vote of a majority plus one of its members.
Within 62 days of receipt of the application for final site plan approval, the Zoning Board of Appeals shall render a decision to Town Board. If no decision is made within the sixty-two-day period, the final site plan shall be considered approved. Conditional approval shall not be granted based on engineering issues necessary to accomplish site development.
No conditional approvals will be granted for any engineering issue requiring further review by the Town Engineer or reviewing engineer appointed by the Vernon Town Board.
§ 139-84 Applicability of site plan review process.
The site plan review process shall apply to all uses, whether designated "permitted" or otherwise, in those portions of all zoning districts located within the Town except the following: one-family dwelling, two-family dwelling, farm. Such uses shall be termed "site plan review uses."