Walton Town City Zoning Code
ARTICLE VII
Site Plan Review
§ 200-68 Purpose.
This article of this chapter is enacted under the authority of § 274-a of the Town Law of the State of New York to protect the health, safety, convenience and general welfare of the inhabitants of the Town. This section regulates the development of structures and sites in a manner which considers the following concerns and, where necessary, requires modification of development proposals to eliminate or minimize potential problems and nuisances. The principal areas of concern are:
The balancing of landowners' rights to use their land with the corresponding rights of abutting and neighboring landowners to live without undue disturbances.
The convenience and safety of vehicular and pedestrian movement within the site, and in relation to adjacent areas or roads.
The adequacy of waste disposal methods and protection from pollution of surface water or groundwater.
The protection of historic and natural environmental features on the site under review and in adjacent areas.
§ 200-69 Developments requiring site plan review.
Those development projects requiring site plan review are listed on Schedule I.[1] Unless specifically exempted from site plan review, no permit for the construction, exterior alteration, relocation, occupancy, or change in use of any building shall be issued; no existing use shall be established or expanded in floor area except in conformity with a site plan approved by the Planning Board. The introduction of new materials or processes not previously associated with an existing use is also subject to site plan review.
[1]
Editor's Note: Schedule I is included as an attachment to this chapter.
§ 200-70 Exemptions from site plan review.
Notwithstanding Schedule I, site plan review shall not be required for:
The construction or enlargement of any single-family or two-family dwelling, or building accessory to such dwelling.
The construction or alteration of any building used exclusively for agriculture, horticulture, or floriculture.
Construction or alteration providing for not more than 200 square feet total floor area after construction.
Ordinary repair or maintenance of existing structures or uses.
Temporary structures related to the sale of agricultural products.
§ 200-71 Procedure.
Prior to the submission of a formal site plan, a presubmission conference may be held wherein the applicant shall meet in person with the Code Enforcement Officer to discuss the proposed site plan so that the necessary subsequent steps may be undertaken with a clear understanding of the Town's requirements in matters relating to the development of this site.
Within six months following the presubmission conference, five copies of the site plan and any related information shall be submitted to the Code Enforcement Officer, accompanied by a fee in accordance with the schedule of fees of the Town of Walton, payable to the Town Clerk. If the application is not submitted within this six-month period, another presubmission conference may be required. An Environmental Assessment Form, as required by the State Environmental Quality Review Act,[1] shall also be submitted with the application.
[1]
Editor's Note: See Environmental Conservation Law § 8-0101 et seq.
The Code Enforcement Officer shall certify on each site plan or amendment whether or not the application is complete in accordance with § 200-73, Submission requirements, and whether the plan meets the requirements of all chapter provisions other than those of this article, such as setbacks, number of parking spaces, etc. The Code Enforcement Officer shall act to certify the application or return it to the applicant for completion or revision within 10 days of submission by the applicant.
Following certification of a complete application, the Code Enforcement Officer shall forward the application to the Planning Board no later than 10 days prior to its next meeting.
The Planning Board may, at its discretion, hold a public hearing on the application. Said hearing shall be held within 62 days of submission to the Planning Board of said application. The Planning Board shall give notice of the hearing in a newspaper of general circulation in the Town at least 10 days prior to the hearing. In addition, the applicant shall give notice, in writing, by certified mail to all property owners of the land immediately adjacent to, extending 500 feet therefrom, and directly opposite thereto, extending 500 feet from the street frontage of land in said application. If in an agricultural district, such notice shall be given to all property owners within 500 feet of the lot boundary. The applicant shall mail these notices at least 10 days in advance of the hearing and furnish the Planning Board with post office receipts as proof of notification.
The Planning Board shall make a determination of significance of the proposed site plan according to SEQR. The time limitations of Subsection H of this section shall not apply until the conclusion of the SEQR process.
Whenever any site plan involves real property in an area described in § 239-m of the General Municipal Law, said special use permit shall be referred to the County Planning Board, which Board shall report its recommendations to the Town Planning Board. Failure of the County Planning Board to report within 30 days may be construed to be approval.
The concurring vote of a majority plus one of the Town Planning Board shall be necessary to override County Planning Board recommendations of approval with modifications or disapproval.
In the event that the County Planning Board recommends modifications or disapproval of a referred matter and the Town Planning Board acts to the contrary, the Town Planning Board shall file a report of its final action with the County Planning Board within seven days after final action.
Site plan approval procedure.
The Planning Board shall, within 62 days of the public hearing, if one is held, or within 62 days of the date of the meeting at which the site plan was submitted, either:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Approve the site plan if the Board finds that the plan meets the requirement of this chapter and any other applicable rules and regulations; or
Condition approval of the site plan upon the applicant making certain changes or modifications to the plan, said conditions to be set forth, in writing, by the Board; or
Disapprove the site plan, the reasons for such action to be set forth, in writing, by the Board.
Failure to act within the required time shall be deemed approval. Should the Planning Board need an additional 30 days to consider the application, then it may do so with consent of the applicant. Said agreement shall be recorded in the minutes.
Review of amendments to an approved site plan shall be acted upon in the same manner as the review of the original site plan.
§ 200-72 Enforcement.
The Planning Board may require the posting of a bond or other similar performance guarantee to ensure compliance with the plan and stated conditions of approval. The Code Enforcement Officer may suspend any permit or license when work is not performed as required.
Any site plan issued under this article shall lapse within one year if a substantial use thereof has not commenced, except for good cause. The time required to pursue and await determination of a judicial appeal pursuant to § 274-a of the Town Law shall be included within the one-year time limit.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The Planning Board may adopt additional detailed design guidelines and performance standards as it deems necessary, by majority vote of the Planning Board, after conducting a public hearing to receive comments on any proposed revisions. Such standards and guidelines shall not become effective until approved by the Town Board.
§ 200-73 Submission requirements.
The site plan shall include the following data, details, and supporting plans. The number of pages submitted will depend on the proposal's size and complexity. All of the requirements must be met in each plan, except in accordance with Subsection B of this section.
The Code Enforcement Officer may waive any of the requirements of § 200-73C and D, or part thereof, prior to the submission of a formal site plan, when such requirements are not material to the project under review. The Planning Board may overrule any waivers so granted and require compliance with these requirements before accepting a site plan submission.
Site plans shall be prepared to scale by a surveyor, registered professional engineer, architect, or landscape architect.
Items required for submission include:
Name of the project, boundaries, location maps showing site's location in the Town, date, North arrow and scale of the plan.
Name and address of the owner of record, developer, and seal of the engineer, architect or landscape architect.
Name and addresses of all owners of record of abutting parcels and those within 300 feet of the property line.
All existing lot lines, easements, and rights-of-way. Include area in acres or square feet, abutting land uses, and the location and use of structures within 500 feet of the site.
The location and use of all existing and proposed buildings and structures within the development. Include all dimensions of height and floor area, and show all exterior entrances, and all anticipated future additions and alterations.
The location of all present and proposed public and private ways, parking areas, driveways, sidewalks, ramps, curbs, fences, paths, landscaping, and walls. Location, type, and screening details for all waste disposal containers shall also be shown.
The location, height, intensity, and bulb type (e.g., fluorescent, sodium incandescent) of all external lighting fixtures. The direction of illumination and methods to eliminate glare onto adjoining properties must also be shown.
The location, height, size, materials, and design of all proposed signage.
The location of all present and proposed utility systems, including sewage or septic system; water supply system; telephone, cable and electrical systems; storm drainage system, including existing and proposed drain lines, culverts, catch basins, headwalls, end walls, hydrants, manholes, and drainage swales. The Planning Board may also request soil logs, soil profile analyses (deep test pits), percolation tests and stormwater runoff calculations for large developments or developments in environmentally sensitive areas.
Plans to prevent the pollution of surface water or groundwater, erosion of soil both during and after construction, excessive runoff, excessive raising or lowering of the water table, and flooding of other properties, as applicable.
Existing and proposed topography at a five-foot contour interval. All elevations shall refer to the nearest United States Coastal and Geodetic Bench Mark. If any portion of the parcel is within the 100-year floodplain, the area will be shown, and base flood elevations given. Indicate areas within the site where ground removal or filling is required, and give its approximate volume in cubic yards.
A landscape plan showing all existing natural land features, trees, forest cover and water sources, and all proposed changes to these features, including size and type of plant material, and erosion control measures. Water sources will include ponds, lakes, brooks, streams, wetlands, floodplains, and drainage retention areas.
Zoning district boundaries within 100 feet of the site's perimeter shall be drawn and indentified on the plan.
Traffic flow patterns within the site, entrances and exits, loading and unloading areas, and curb cuts on the site and within 100 feet of the site. The Planning Board may require a detailed traffic study for large developments or for those in heavy traffic areas, to include:
The projected number of motor vehicle trips to enter or leave the site, estimated for daily and peak hours' traffic level.
The projected traffic flow pattern, including vehicular movement at all major intersections likely to be affected by the proposed use of the site.
The impact of this traffic upon existing abutting public and private ways in relation to existing road capacities. Existing and proposed daily and peak-hour traffic levels, as well as road capacity levels, shall also be given.
For new constructions or alterations to any existing building, a table containing the following information must be included:
Elevation plans at a scale of 1/4 inch = one foot for all exterior facades of the proposed structure(s) and/or existing facades, plus addition(s) showing design features and indicating the type and color of materials to be used.
An Environmental Assessment Form (either a short or long form, depending upon the nature of the proposal) shall be submitted with the site plan to ensure compliance with the New York State Environmental Quality Review Act (6 NYCCR 617),[1] to identify the potential environmental, social, and economic impacts of the project.
[1]
Editor's Note: The New York State Environmental Quality Review Act can be found at Environmental Conservation Law § 8-0101 et seq.
A completed agricultural data statement must be submitted to the Planning Board if the land is within an agricultural district or within 500 feet of land included in an agricultural district.
§ 200-74 Standards for review.
The Planning Board shall review the site plan and supporting documents, taking into consideration the reasonable fulfillment of the objectives listed below. Pursuant to § 200-72C, detailed design guidelines and performance standards may be adopted by the Planning Board to guide decisions with respect to these objectives, and to help ensure consistency in the review of all applications.
Legal. Conformance with the provisions of the local laws and ordinances of the Town, the Town Law of New York State, and all applicable rules and regulations of state and federal agencies.
Traffic. Convenience and safety of both vehicular and pedestrian movement within the site and in relationship to adjoining ways and properties.
Parking. Provisions for the off-street loading and unloading of vehicles incidental to the normal operation of the establishment, adequate parking, adequate lighting, and internal traffic.
Public services. Reasonable demands placed on public services and infrastructure.
Pollution control. Adequacy of methods for sewage and refuse disposal and the protection from pollution of both surface waters and groundwater. This includes minimizing soil erosion both during and after construction.
Nuisances. Protection of abutting properties and Town amenities from any undue disturbances caused by excessive or unreasonable noise, smoke, vapors, fumes, dust, odors, glare, stormwater runoff, etc.
Existing vegetation. Minimizing the area over which existing vegetation is to be removed. Where tree removal is required, special attention shall be given to planting of replacement trees.
Amenities. The applicant's efforts to integrate the proposed development into existing landscape through design features, such as vegetative buffers, roadside plantings, and the retention of open space agricultural land.
Town character. The building setbacks, area and location of parking, architectural compatibility, signage, and landscaping of the development, and how these features harmonize with the surrounding landscape and the natural landscape.