Waterford Town City Zoning Code
ARTICLE XIV
Site Plan Review
§ 161-81 Title.
This section shall be known as the "Town of Waterford Site Plan Review Law." The Town of Waterford is hereinafter referred to as the "Town."
§ 161-82 Intent.
A.
Through site plan review, it is the intent of this chapter to promote the health, safety, and general welfare of the Town. A clean, wholesome, attractive environment is declared to be of importance to the health and safety of the inhabitants of the Town, and, in addition, such an environment is deemed essential to the maintenance and continued development of the economy of the Town and the general welfare of its inhabitants.
B.
It is further the intent of this chapter to ensure the optimum overall conservation, protection, preservation, development and use of the natural and man-related resources of the Town by regulating land use activity within the Town through review and approval of site plans.
C.
It is further the intent of this chapter to ensure new land uses in the Town address and are consistent with the Town of Waterford Comprehensive Plan.
D.
It is not the intent of this chapter to prohibit, per se, any land use activity, but to allow all land use activities permitted by the Town of Waterford Zoning Law (Chapter 161 of this Code) and which will meet the standards set forth in this chapter.
E.
Where a proposed site plan contains one or more features which do not comply with the zoning regulations, applications may be made to the Zoning Board of Appeals for an area variance pursuant to § 267-b of New York State Town Law, without the necessity of a decision or determination of the Building Inspector.
§ 161-83 Authorization for Planning Board review of site plans.
The Planning Board is hereby authorized to review and approve, approve with modifications, or disapprove site plans for land uses within the Town, as hereinafter designated, pursuant to and in accordance with the standards and procedures set forth in this chapter.
§ 161-84 Applicability; prevalence of more restrictive provisions.
A.
Applicability or review requirements. All new land use activities within the Town shall require site plan review and approval before being undertaken, except the following:
(1)
Landscaping or grading which is not intended to be used in connection with land use reviewable under the provisions of this chapter.
(2)
Construction of one- or two-family dwellings and ordinary accessory structures, and related land use activities.
(3)
Ordinary repair or maintenance or interior alterations to existing structures or uses.
(4)
Exterior alterations or additions to existing structures which would not increase the square footage of the existing structure by more than 25%.
(5)
Interior alterations that do not change the nature or use of an existing commercial structure.
(6)
Any change in use which does not require the issuance of a certificate of occupancy pursuant to the Town and the New York State Uniform Building and Fire Code.
(7)
Temporary garage and lawn sales that are in operation for no more than 15 days per year.
B.
Effect on existing uses. This chapter does not apply to uses and structures which are lawfully in existence as of the date this chapter, or for any subsequent amendments to this chapter, becomes effective. Any use which would otherwise be subject to this chapter that has been discontinued for a period of two years or more shall be subject to review pursuant to the terms of this chapter before such use it resumed. Any use or structure shall be considered to be in existence provided that the same has been substantially commenced as of the effective date of this chapter and fully constructed and completed within one year from the effective date of this chapter.
C.
Relationship of this chapter to other laws and regulations. This chapter in no way affects the provisions or requirements of any other federal, state, or local law or regulations. Where this chapter is in conflict with any other such law or regulation, the more restrictive shall apply.
D.
Any person uncertain of the applicability of this chapter to a given land use shall apply, in writing, to the Town of Waterford Zoning Board of Appeals for an interpretation of this chapter.
§ 161-85 Definitions.
A.
As used in this chapter, the following terms shall have the meanings indicated:
FAMILY
One or more persons who live together as a single housekeeping unit and maintain a common household, as distinguished from a group occupying a boardinghouse, lodging house, club, fraternity, or hotel. A family may consist of a single person or of two or more persons, whether or not related by blood, marriage, or adoption. A family may also include domestic servants and gratuitous guests. A person or persons related to each other by blood, marriage, or adoption (and/or not more than three individuals not so related) living together as a single housekeeping unit.
LAND USE ACTIVITY
Any construction or other activity which changes the use or appearance of land or a structure or the intensity of use of land or a structure. "Land use activity" shall explicitly include, but not be limited to, the following: new structures, expansions to existing structures, new uses, changes in or expansions of existing uses, roads, driveways, and excavations for the purpose of extracting soil or mineral deposits.
ONE-FAMILY DWELLING
A detached building containing a complete self-contained residential unit for permanent habitation by one family only, containing one or more rooms and facilities for living, including cooking, sleeping and sanitary needs.
SHORELINE
The high-water mark of any lake, pond, river, or permanent stream.
STRUCTURE
Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground. Any object constructed, installed or placed on land to facilitate land use and development or subdivision of land, such as buildings, sheds, signs, tanks and fixtures and additions and alterations thereto.
STRUCTURE, ACCESSORY
A detached subordinate building on a lot, the use of which is customarily incidental to that of the main or principal building, such as, but not limited to, playhouses, pool houses, cabanas, and garages. Any structure designed to accommodate an accessory use but detached from the principal structure, such as a freestanding garage for vehicles accessory to the principal use, a storage shed, garden house or similar facility.
TWO-FAMILY DWELLING
A detached structure containing two complete, but separate dwelling units, each for habitation by one family only in a single structure having a common roof, wall or ceiling and containing separate rooms and facilities for living, including cooking, sleeping and sanitary needs.
B.
Any term used in this chapter which is not defined hereinabove shall carry its customary meaning unless the context otherwise dictates, or such definitions as included in this Chapter 161.
§ 161-86 Site plan review required.
Prior to undertaking any new land use activity, except for a one- or two-family dwelling and other uses specifically excepted in § 161-84A of this chapter, a site plan approval by the Planning Board is required. Applicants for site plan approval shall follow the recommended procedures related to the sketch plan conference as hereinafter set forth per this chapter. Applicants must comply with all other procedures and requirements of this chapter.
§ 161-87 Sketch plan; conference.
A.
A sketch plan conference shall be held between the Planning Board and the applicant prior to the preparation and submission of a formal site plan. The intent of such a conference is to enable the applicant to inform the Planning Board of his proposal prior to the preparation of a detailed site plan and for the Planning Board to review the basic site design concept, advise the applicant as to potential problems and concerns and to generally determine the information to be required on the site plan.
B.
In order to accomplish these objectives, the applicant shall provide the following:
(1)
A statement and rough sketch showing the locations and dimensions of principal and accessory structures, parking areas, access signs (with descriptions), existing and proposed vegetation and other planned features; anticipated changes in the existing topography and natural features; and, where applicable, measures and features to comply with zoning, wetland, flood hazard and flood insurance regulations.
(2)
An area map showing the parcel under consideration for site plan review and all properties, subdivisions, streets, rights-of-way, easements, and other pertinent features within 200 feet of the boundaries of the parcel.
(3)
A topographic or contour map of adequate scale and detail to show site topography. The Planning Board shall have the discretion to waive the provision of a topographical map in the event that the applicant shows that the contour of the parcel does not impact the project in any manner.
C.
At the sketch plan conference, the Planning Board will review and determine if the proposal is in conformity with the Town of Waterford Zoning Law (this Chapter 161), is consistent with the Comprehensive Plan, and identify any issues and concerns. The Planning Board shall also review with the applicant submission requirements to determine what specific information is to be presented with the site plan application and what general time frames are applicable for SEQRA[1] and the site plan review process.
[1]
Editor's Note: See Environmental Conservation Law § 8-0101 et seq.
§ 161-88 Application for site plan approval; checklist.
A.
Subsequent to the sketch plan conference, an application for site plan approval shall be made, in writing, to the Chairman of the Planning Board and shall be accompanied by information contained on the following checklist as determined necessary by the Planning Board at said sketch plan conference. Seven copies of the application shall be submitted. All applications for site plan review must be submitted to the Planning Board at least 10 days prior to the Planning Board's regular meeting.
B.
Site plan checklist. The following shall be required with the application for site plan approval.
(1)
The title of the drawing, including the names and addresses of the applicant and person responsible for preparation of such drawing.
(2)
The North arrow, scale, and date.
(3)
The boundaries of the property, plotted to scale, and identification of the zoning district within which the proposed project is located. It shall further identify if the project is located within the Waterfront Overlay and LWRP boundary.
(4)
Locations of existing buildings and structures, including, but not limited to utilities such as sewer and water pipes or connections.
(5)
A grading and drainage plan, showing existing and proposed contours, rock outcrops, depth to bedrock, soil characteristics and watercourses. If a stormwater pollution prevention plan (SWPPP) is required pursuant to § 161-88.1, other requirements of the Town of Waterford Code and/or the New York State Department of Environmental Conservation, then the site plan application shall include such plan.
(6)
The location, design, type of construction, proposed use, and exterior dimensions of all buildings.
(7)
The location, design, and type of construction of all parking and truck-loading areas, showing access, ingress, and egress.
(8)
Provisions for pedestrian access, including connection to existing sidewalks or trails.
(9)
The location of outdoor storage, and structures, such as solid waste disposal, hazardous material storage, bulk storage, or other storage needed on-site, if any.
(10)
The location, design, and construction materials of all existing or proposed site improvements, including drains, culverts, retaining walls and fences.
(11)
A description of the method of sewage disposal and location, design, and construction materials of such facilities.
(12)
A description of the method of securing public water and locations, designs, and construction materials of such facilities.
(13)
The locations of fire and other emergency zones, including the locations of fire hydrants.
(14)
The locations, designs, and construction materials of all energy distribution facilities, including electrical, gas and solar or other renewable energy.
(15)
The locations, sizes and designs and types of construction of all proposed signs.
(16)
The locations and proposed development and management of all buffer areas, including and existing vegetative cover.
(17)
The locations and designs of existing and proposed outdoor lighting facilities. The Planning Board may require a lighting plan to be submitted.
(18)
An identification of the locations and amounts of building area proposed for retail sales or similar commercial activity.
(19)
A general landscaping plan and planting schedule.
(20)
An estimated project construction schedule.
(21)
Identification of any and a record of application for and status of all necessary permits from other governmental bodies required for the project's full execution and completion.
(22)
An identification of any permit from other governmental bodies required for the project's execution.
(23)
Identification of ownership of all adjacent lands as shown on the latest tax records. The Planning Board may also require identification of other pertinent features within 500 feet of the applicant's property, such as but not limited to residences, commercial structures, sensitive environmental features, or utilities.
(24)
State Environmental Quality Review (SEQR) Environmental Assessment Form (EAF) Part I.
(25)
A description of the existing conditions and uses of the shoreline and waterfront, if the parcel is located along the Hudson or Mohawk Rivers or any of the canals in Waterford, and how the proposed project will maintain or enhance those resources.
(26)
Identification of whether the parcel is within any National or State Register historic district, contains any historic structures listed or eligible for listing on the National or State Register of Historic Places, and how the proposed project will maintain or enhance those resources.
(27)
If, upon a review of the materials submitted by the applicant, the Planning Board determines that a proposed project could have traffic or visual impacts, the Planning Board may require the applicant to prepare and submit a traffic impact analysis and 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. Traffic reports shall be prepared by a registered professional engineer or other qualified professional and 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 preexisting structures in terms of visual character and intensity/scale of use (e.g., scale, materials, colors, door and window sizes 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.
(28)
Any other elements integral to the proposed development as may be considered necessary in the particular case by the Planning Board.
§ 161-88.1 Stormwater pollution prevention plan.
A stormwater pollution prevention plan consistent with the requirements of Chapter 142, Stormwater Management and Erosion and Sediment Control, and Chapter 161, Zoning, Article XI, shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Chapter 161, Zoning, Article XI. The approved site plan shall be consistent with the provisions of Chapter 142, Stormwater Management and Erosion and Sediment Control, and Chapter 161, Zoning, Article XI.
§ 161-89 Fees and costs.
A.
An application for site plan review shall be accompanied by a fee as established by the Town Board.
B.
Costs incurred by the Planning Board for consultation fees or other extraordinary expenses in connection with the review of a proposed site plan shall be charged to the applicant. The Planning Board may also incur other expenses in order to properly review documents or conduct special studies in connection with the proposed application, including but not limited to the reasonable costs incurred for private consultation fees, fees for technical and engineering services, legal fees, or other expenses in connection with the review of a special use permit application. All fees shall be established by the Planning Board and charged to the applicant. The Planning Board shall make a reasonable estimate of the amount of expenses that it expects to incur during the course of each application for a special use permit. The amount so determined shall be deposited by the applicant in an escrow account established with the Town Clerk prior to commencing any review of the application. If the amount that is deposited is exhausted or diminished to the point that the Planning Board determines that the remaining amount will not be sufficient to complete the review of the application, then the Planning Board shall notify the applicant of the additional amount that must be deposited with the Town Clerk. If the applicant fails to replenish the escrow account or there are unpaid amounts for which the applicant is responsible, the Planning Board, in its discretion, may cease review of the application until such amounts are paid or deny the application. In no event, however, shall any special use permit be approved until such sums have been paid in full.
§ 161-90 General considerations for review.
The Planning Board's review of the site plan shall include, as appropriate, but is not limited to, the following general considerations:
A.
The locations, arrangement, sizes, designs, and general site compatibility of buildings, lighting, and signs.
B.
The adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers, and traffic controls.
C.
The location, arrangement, appearance, and sufficiency of off-street parking and loading.
D.
The adequacy and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular traffic and overall pedestrian convenience.
E.
The adequacy of stormwater and drainage facilities.
F.
The adequacy of water supply and sewage disposal facilities and adequacy of utilities.
G.
The adequacy, types 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 and adequacy of landscaping for screening.
H.
The adequacy of fire lanes and other emergency zones and the provision of fire hydrants.
I.
Special attention to the adequacy and impact of structures, roadways, and landscaping in areas with susceptibility to ponding, flooding and/or erosion.
J.
Overall impact on the neighborhood, including compatibility of design considerations.
K.
Adequacy of the project to protect significant natural, ecological, cultural, and historical features on and near the site, including but not limited to wetlands, streams, floodplains, critical wildlife and fish habitats, waterfronts and shorelines, and historic buildings and landscapes.
L.
Compatibility of the site plan with its surroundings and in keeping with the character of the neighborhood, district, and Town. The Planning Board will evaluate:
(1)
The relationship of buildings and site to adjoining areas. Site plans involving nonresidential uses proposed adjacent to a residential district or residential uses shall be reviewed with regard to minimizing the impact of the commercial development on such district or use. Individual buildings shall relate to each other, and to other structures in the surrounding area, in lot placement, scale, height, build-to lines, and connections to harmonize visually and physically with the character of the area.
(2)
The maintenance of existing architectural elements with adaptive reuse projects. When commercial projects involve the renovation/reuse of an existing building, the traditional character and architectural elements shall be maintained as may be required by the Planning Board.
(3)
The visual impacts of new commercial structures as viewed from public roads, public property, or publicly access areas, such as parks.
M.
Compatibility of the site plan with any pertinent development standards and commercial design requirements pursuant to this Chapter 161.
N.
Adequacy of outdoor lighting so that glare and light pollution that may be associated with the development is minimized or eliminated.
O.
Adequacy of measures planned to mitigate noise that may be generated from the project.
P.
Consistency with the policies of the Local Waterfront Revitalization Plan and this Chapter 161 of the Town of Waterford Code.
§ 161-91 Public hearing; notice.
The Planning Board may conduct a public hearing on the site plan if considered desirable by a majority of its members. Such hearing shall be held within 62 days of the receipt of an application for site plan review and shall be advertised in the Town's official newspaper or, if there is none, in a newspaper of general circulation in the Town at least five days before the public hearing. The Planning Board shall mail notice of the hearing to the applicant at least 10 days before the hearing. The Planning Board shall also give notice to an adjacent municipality at least 10 days prior to any such hearing held by the Planning Board related to site plan review and approval on property that is within 500 feet of an adjacent municipality as per GMU § 239-nn.
§ 161-91.1 Referral to other agencies and boards.
A.
Coordinated review. The Planning Board may refer, or may be required by law to refer, the site plan for review and comment to other local and county agencies or their designated consultants, and/or to representatives of federal and state agencies having jurisdiction over the site plan or some part of the proposed project.
B.
Required referral. Prior to taking the final action on the site plan, and at least 10 days prior to the public hearing, and where applicable, the Planning Board shall refer the plan to the Saratoga County Planning Board for its review and recommendation pursuant to § 239-m of the New York State General Municipal Law.
§ 161-91.2 SEQRA compliance.
Except for applications which are classified as Type II actions, no other application shall be approved without full compliance with the State Environmental Quality Review Act (SEQRA)[1] (6 NYCRR Part 617) and no other application for site plan review shall be considered complete for initiation of the site plan time frames until either a negative declaration has been issued or a draft environmental impact statement has been accepted.
[1]
Editor's Note: See Environmental Conservation Law § 8-0101 et seq.
§ 161-92 Decision of Planning Board.
Within 62 days of receipt of the application for site plan approval or, if a public hearing is held, within 62 days of the public hearing, the Planning Board shall render a decision. In its decision the Planning Board may approve, approve with modifications, or disapprove the site plan. The time period in which the Planning Board must render its decision can be extended by mutual consent of the applicant and the Planning Board.
A.
Approval. Upon approval of the site plan and payment by the applicant of all fees and reimbursable costs due the Town, the Planning Board shall endorse its approval on a copy of the site plan and shall immediately file it within five business days and a written statement of approval with the Town Clerk. A copy of the written statement of approval shall be mailed to the applicant by certified mail, return receipt requested.
B.
Approval with modifications. The Planning Board may conditionally approve the final site plan. A copy of the written statement containing the modifications required by the conditional approval will be mailed to the applicant by certified mail, return receipt requested. After adequate demonstration to the Planning Board that all conditions have been met and payment by the applicant of all fees and reimbursable costs due the Town, the Planning Board shall endorse its approval on a copy of the modified site plan and shall immediately file it and a written statement of approval within five business days with the Town Clerk. A copy of the written statement of approval shall be mailed to the applicant by certified mail, return receipt requested.
C.
Disapproval. Upon disapproval of the site plan, the decision of the Planning Board shall immediately be filed within five business days with the Town Clerk and a copy thereof mailed to the applicant by certified mail, return receipt requested, along with the Planning Board's reasons for disapproval.
§ 161-93 Appeals.
Any person aggrieved by any decision of the Planning Board or any officer, department, board, or bureau of the Town may apply to the Supreme Court for a review by a proceeding under Article 78 of the Civil Practice Law and Rules. Such proceedings shall be instituted within 30 days after the filing of a decision in the office of the Town Clerk.
§ 161-94 Enforcement officer.
The Town Board may appoint an enforcement officer to carry out the duties assigned by this chapter or by any additional regulations adopted pursuant to § 161-95 hereof. If appointed, the enforcement officer shall be responsible for the overall inspection of site improvements, including coordination with the Planning Board and other officials and agencies, as appropriate.
§ 161-94.1 Guarantee of site improvements.
A.
No certificate of occupancy shall be issued until all required infrastructure and improvements shown on the site plan are installed or a sufficient performance guarantee has been posted to cover the full cost of all required infrastructures and improvements not yet completed. Such performance guarantee shall be posted in accordance with the requirements and procedures specified in §§ 274-a, Subdivision 7, and 277, Subdivision 9, of the New York State Town Law. 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 the Planning Board's designated private consultants.
B.
Extension of time. The construction or installation of any improvements or facilities, other than roads, for which a guarantee has been made by the applicant in a form acceptable pursuant to this chapter, shall be completed within one year from the date of approval of the site plan. All construction of new roads and associated improvements, including, but not limited to, curbs, curb cuts, drainage, and paving, shall be completed within two years from the date of approval of the site plan. The applicant may request that the Planning Board grant an extension of time to complete such improvements, provided the applicant can show reasonable cause for inability to perform said improvements within the required time. The extension shall not exceed six months, at the end of which time, the Town may use as much of the proceeds of the posted performance guarantee to construct the improvements as necessary. The Planning Board may also grant the applicant an extension of time whenever construction or improvements are not performed in accordance with applicable standards and specifications.
C.
Schedule of improvements. When a performance guarantee is issued, the Town and applicant shall enter into a written agreement itemizing the schedule of improvements in sequence with the cost opposite each phase of construction or installation, provided that each cost as listed may be repaid to the applicant upon completion and approval after inspection of such improvement or installation. However, 10% of the check deposit or performance bond shall not be repaid to the applicant until one year following the completion and inspection by the Town of all construction and installation covered by the performance guarantee.
D.
Inspections. The Planning Board may require an inspection and an inspection fee escrow to be established. When required, inspections during installation of improvements shall be made by the engineer retained by the Planning Board, and/or Building Inspector to ensure conformity with the approved plans and specifications as contained in the contract and this chapter. The applicant shall notify the engineer retained by the Planning Board and Building Inspector when each phase of improvements is ready for inspection. Upon acceptable inspection and final completion of installation and improvement, the Planning Board shall issue a letter to the applicant or his/her representative that provides sufficient evidence for the release by the Town of the portion of the performance guarantee as designated in the contract to cover the cost of such completed work.
§ 161-95 Additional rules and regulations.
The Planning Board may, after a public hearing, adopt such further rules and regulations as it deems reasonably necessary to carry out the provisions of this chapter.
§ 161-96 Integration of procedures.
Whenever the circumstances of proposed development require compliance with this chapter and with any other local law, ordinance or requirement of the Town, the Planning Board shall attempt to integrate, as appropriate, site plan review as required by this chapter with the procedural and submission requirements for such other compliance.
§ 161-97 Penalties for offenses.
Any person, corporation, partnership, association or other legal entity who shall violate any of the provisions of this article or any conditions imposed by a permit pursuant hereto shall be guilty of an offense and subject to a fine of not more than $250 or to a penalty of $250 to be recovered by the Town in a civil action. Every such person or entity shall be deemed guilty of a separate offense for each week that such violation, disobedience, omission, neglect, or refusal shall continue.