Wawarsing City Zoning Code
ARTICLE VIII
Site Plan Review Procedures
§ 112-50 Authority.
The Town of Wawarsing Planning Board is authorized, in accordance with §§ 274-a and 274-b of the New York State Town Law, to review and approve, approve with modifications or disapprove site plan applications. Site plan review shall be required for all special use permits and such other uses as set forth in this chapter. The following procedures shall apply to these reviews.
§ 112-51 Preliminary site plan.
An applicant may submit a preliminary site plan for review and advice by the Town of Wawarsing Building Department and Planning Board. Such a preliminary site plan should provide locations and dimensions of the proposed use in relation to the property boundaries and adjacent uses. It should also indicate all accesses and improvements both existing and proposed and any site features which could have a bearing on the project including the general topography and existing ground cover. Should such preliminary site plan involve one-time additions of less than 10% and 200 square feet in gross floor area or accessory uses or structures, the Building Department may review and approve the site plan on its own. If these thresholds are exceeded, however, the site plan shall be referred to the Planning Board. If referred to the Planning Board, this preliminary plan shall be used by such Board as a basis for advising the applicant regarding information it shall require on the site plan before it conducts a public hearing or takes any action with respect to the plan. The Planning Board shall give no approval or disapproval regarding any preliminary site plan but may use it to schedule a public hearing if sufficient data is available, determine if any provisions of this article should be waived or begin its review of the application under the New York State Environmental Quality Review Act (SEQRA).
§ 112-52 Application and site plan required.
The Planning Board shall be under no obligation to schedule a public hearing or take any action with respect to a site plan review until formal application has been made on forms provided by the Board and a complete site plan providing the following information has been submitted to the satisfaction of the Board. The Planning Board, in its discretion, may allow for the below features to be shown for the portion of the property to be developed, and extending 200 feet therefrom. The site plan shall be drawn at a scale no smaller than one inch equals 50 feet, and shall also contain the below information:
A.
A location map, at a scale no smaller than one inch equals 2,000 feet.
B.
The name of the property owner, the address of the property, the Tax Parcel Section/Block/Lot number, the applicant, the design professional that prepared the plan, the zoning district within which the property is located, and all applicable districts (fire, school, lighting, etc).
C.
An identification of the proposed use, and a bulk table showing the bulk requirements for the applicable zoning district within which the property is located, and the dimensions of the property. The bulk table shall identify any variances that may be required.
D.
Existing and proposed contours of the site, with two-foot contours, and the limits of disturbance clearly outlined. The datum used for elevations. Where required, spot elevations shall be provided.
E.
The location of all existing watercourses, wetlands, floodplains, steep slopes, wooded areas, rights-of-way, roads, structures or any other significant man-made or natural feature.
F.
The proposed development, including location, use and floor or ground area of each proposed building, structure or any other land use, including retaining walls, lighting, stormwater management, sewage disposal and water supply system plans. These and other site plan features shall also be superimposed on an existing aerial photograph of the site.
G.
The location of all significant landscaping and ground cover features, both existing and proposed, including detailed planting plans and an accurate visual depiction or rendering of the final appearance of the property after all landscaping and other physical improvements are completed. A landscaping schedule will be included, with the type, quantity, and species to be installed, including the planting size, and details for planting.
H.
The location, dimensions and capacity of any proposed roads, off-street parking areas or loading berths with parking calculation, including typical cross-sections for all paving or regrading involved.
I.
The location and design of proposed entrances and exits to public rights-of-way, including traffic signals, channelizations, acceleration and deceleration lanes, widenings or any other measure having an impact on traffic safety conditions.
J.
The location and identification of proposed open spaces, parks or other recreation areas.
K.
The location and design of buffer areas and screening devices to be maintained.
L.
The location of trails, sidewalks, walkways and all other areas proposed to be devoted to pedestrian use.
M.
The location of public and private utilities, including maintenance facilities.
N.
The specific locations of all signs existing and proposed and dimensions, including a visual depiction of the latter.
O.
Architectural plans for the proposed buildings or structures, indicating typical floor plans, elevations, height and general design or architectural styling.
P.
A completed SEQRA environmental assessment form.
Q.
A stormwater pollution prevention plan (SWPPP), if required.
R.
A written description of all project elements, including number of employees and other relevant data.
S.
Lighting details showing locations of luminaries, mounting heights and shielding details.
T.
Any other information or studies required by the Planning Board which are necessary to determine compliance with the provisions of this chapter.
§ 112-53 Waivers.
The Town of Wawarsing Planning Board may, pursuant to § 274-a(5) of the Town Law, waive the submission of any site plan elements, where such waiver will not impact the public health, safety, or general. Any such waiver shall be subject to the following conditions:
A.
No waiver shall result in allowing a use not permitted within the applicable zoning district.
B.
No waiver shall be given with respect to standards outside the scope of this article which would otherwise require a variance from the Zoning Board of Appeals.
C.
Waivers shall be limited to those situations where the full application of the requirements contained herein would generate unnecessary data with regard to deciding the matter at hand, due to the scope or nature of the project involved. The proposed enclosure of a deck or a simple change of use with no significant structural modifications in the case of a commercial property, for example, might not require typical cross sections for proposed regrading or water supply data.
D.
An applicant for site plan approval who desires to seek a waiver of certain of the above-referenced requirements pertaining to such applications shall submit a preliminary site plan as provided above. The Planning Board shall review the preliminary site plan, provide its substantive comments and determine if any additional site plan information is required. The Planning Board shall consider such site plan as adequate when, in its judgment, the information submitted is sufficient to make a determination of compliance with the development standards contained herein and the intent of site plan review criteria found below.
E.
The Planning Board is not authorized to waive State Environmental Quality Review requirements.
§ 112-54 Hearing and decision.
A.
At its option, the Planning Board may hold a public hearing on a site plan.
B.
Public hearing. Where the Planning Board holds a public hearing, it shall conduct same within 62 days from the day a complete application is received. Notice of the hearing shall be printed in a newspaper of general circulation in the Town at least five days prior to the date thereof. The Planning Board shall decide upon the application within 62 days after the close of the public hearing. The time within which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Board.
C.
Notice to applicant and Ulster County Planning Department. At least 10 days before such hearing, the authorized board shall mail notice thereof to the applicant and to the Ulster County Planning Department as required by § 239-m of the General Municipal Law of the State of New York, which notice shall be accompanied by a full statement of such proposed action, as defined in § 239-m of the General Municipal Law.
D.
SEQRA. The Planning Board shall comply with the provisions of the State Environmental Quality Review Act under Article 8 of the New York State Environmental Conservation Law and its implementing regulations.
E.
Decision. The decision of the Planning Board on the site plan application after the holding of the public hearing shall be filed in the office of the Town Clerk within five business days after such decision is rendered, and a copy thereof mailed to the applicant.
§ 112-55 Conditions.
The Planning Board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to a proposed site plan which conditions shall be met either prior to signing of the site plan, issuance of a building permit, or issuance of a certificate of compliance. Such time frames shall be set forth in the decision. These conditions may include requirements of the applicant to provide parkland or to provide fees in lieu thereof pursuant to § 274-a(6) of the New York State Town Law for all new dwelling units.
§ 112-56 Referrals.
The Planning Board is authorized to refer a site plan application to other agencies, groups or professionals retained by the Town for review and comment and to charge the applicant fees for any reasonable expenses connected therewith.
§ 112-57 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 review by a proceeding under Article 78 of the Civil Practice Law and Rules.
§ 112-58 Effect of site plan approval.
The site plan as approved by the Planning Board shall be binding upon the applicant. Any changes from the approved plan shall require application and approval of a site plan amendment by the Planning Board. The site plan shall remain effective for a maximum of two years from the date of approval unless the Planning Board shall have granted an extension upon request by the applicant, which request shall be received prior to the expiration of the site plan decision. Any request shall be submitted, in writing, by the applicant at least 31 days prior to the expiration. Absent the Planning Board approving an extension, a site plan approval shall be deemed to have expired. The Planning Board, in its discretion, may approve up to four extensions, each no longer than six months.
§ 112-59 Conformity with other plans, laws and ordinances.
The Planning Board, in reviewing a site plan, shall consider its conformity to the Town of Wawarsing Comprehensive Plan and the various other plans, laws and ordinances of the Town. Conservation features, aesthetics, landscaping and impact on surrounding development as well as on the entire Town shall be part of the Planning Board review. Traffic flow, circulation and parking shall be reviewed to ensure the safety of the public and of the users of the facility and to ensure that there is no unreasonable interference with traffic on surrounding streets.
§ 112-60 Site plan standards.
The Planning Board shall determine whether a site plan meets the following standards, in addition to any other standards set forth in this chapter:
A.
The proposed use shall be of such location, size, and character that it will be in harmony with the appropriate and orderly development of the district in which it is proposed to be situated and shall not be detrimental to the site or adjacent properties in accordance with the zoning classification of such properties. The Planning Board shall determine whether the proposed use meets the intent of this chapter and the intent of the zoning district in which the use is proposed. The Planning Board may require a reduction in the size, intensity or density of the use to ensure the standards set forth herein are met. In this regard, the Board may consider, without limitation, lighting, noise, outdoor storage, visual character, site design, and architectural character. The Planning Board may require the submission and approval of a photometric plan, noise impact analysis, visual impact analysis, floor plans and building elevations to make this determination.
B.
The location and size of such use, the nature and the intensity of the operations involved in or conducted in connection therewith, its site layout and its relation to access streets shall be such that both pedestrian and vehicular traffic to and from the use and the assembly of persons in connection therewith will not be hazardous. The Planning Board may specifically require the submission of a traffic impact analysis to make such determination.
C.
Roadway improvements which are necessary and/or proposed to mitigate project-related traffic impacts shall be such that they do not negatively impact the character of the neighborhood in which they are located.
D.
Traffic access shall be designed so that local roadways through residential neighborhoods are not impacted by the diversion of traffic from more congested main roadways as a result of the proposed access design and the additional traffic volume generated by the proposed special permit use.
E.
Proposed off-street parking and loading facilities shall be of adequate size for the particular use, properly and safely located and designed, and suitably/screened from adjoining residential and other uses, and the entrance and exit drive(s) shall be designed to achieve maximum convenience and safety.
F.
The location and height of the buildings, the location, nature and height of walls and fences, and the nature and extent of landscaping on the site shall be such that the use will not hinder or discourage the development and use of adjacent land and buildings. The Planning Board may specifically require submission of a landscape plan to make such determination.
G.
The site as developed will not require such additional public facilities or services or create fiscal burdens upon the Town greater than those which characterize uses permitted by right and will not require such facilities or services that are greater than current or anticipated levels. The Planning Board may consider, if and as applicable, whether the proposed use will provide economic benefits to the Town and its residents and, at the same time, will avoid adverse economic impacts to same. The Planning Board may require a fiscal impact analysis to make such determinations.
H.
The physical characteristics of the site, including its soils, vegetation, topography, wetlands and other environmental features and physical characteristics, shall be such that the land will be suitable and conducive to the orderly, safe and appropriate development of the proposed use, including its proposed design and location on the site, its proper buffering from surrounding properties and land uses, and the protection provided for environmental features, including wetlands, steep slopes, and important vegetation, including mature woodlands and specimen trees. The Planning Board may require submission of wetland surveys and reports, and ecological studies to make this determination.
I.
The proposed improvements, including design and location on the site, will not create a hazard to life, limb or property because of fire, flood, or panic, or by its inaccessibility for the safe and convenient entry and operation of fire and other emergency apparatus, or by the overcrowding of land or undue concentration or assemblage of persons within such or upon such property.
J.
The proposed improvements, including design and location on the site, shall not impact groundwater resources. The Planning Board may require submission of a hydrologic study or other report to ensure this standard is met.
K.
Facilities for the treatment, removal or discharge of sewage, refuse or other effluent, whether liquid, solid, gaseous or otherwise, that will be generated by the proposed development will be adequate for such purpose. The Planning Board may require submission of a wastewater study to ensure this standard is met.
L.
All applicable zoning standards as set forth herein, including general commercial and industrial standards set forth in § 112-23, shall be met.
M.
The operation of the proposed use shall not overburden or otherwise interfere with the enjoyment of neighboring parks, recreational facilities or other open space areas.
N.
The safety, health, and welfare of the Town will not be adversely affected by the proposed site plan and its proposed location on the site.
§ 112-61 Bonding of site improvements.
A.
Supersession of statutory provisions. This section shall, pursuant to the supersession authority granted by the Municipal Home Rule Law, supersede, in its application to the Town of Wawarsing, the provisions of §§ 274-a, 276 and 277 of the Town Law of the State of New York relating to the limitation upon the authority of a Town to require the posting of a performance bond or other form of security in connection with the approval of a land subdivision plat to extend such authority to Planning Board approvals of commercial and residential site plans in accordance with the provisions of § 274-a of the Town Law.
B.
Legislative intent. In order to ensure that once a project has been started it shall not be abandoned, partially completed or left in a state which will cause erosion of the soil, improper drainage or any other condition which will result in the deterioration or devaluation of the surrounding land or neighborhood, and in order to ensure that while under construction the workmanship and materials used shall promote the long life of the project and the health, safety and welfare of the future users of the subject premises and surrounding areas, the Town Board of the Town of Wawarsing has determined it to be a proper exercise of authority conferred upon it by the laws of the State of New York to require the posting of adequate security for the performance of necessary site improvements contemplated in connection with a residential or commercial site development.
C.
Procedure.
(1)
Prior to or contemporaneously with the grant of final site plan approval for a particular project, the Planning Board, in considering the recommendation of the engineering authorities available to it, shall establish the amount of performance security to cover the full cost of the required site improvements as shown on such final site plan as enumerated in Subsection D hereof. The Planning Board shall make a referral of the matter regarding the establishment of the amount of performance security of a particular project to the Town Board, which referral shall include its recommendation as to the amount of such performance security. The performance security shall become effective only if and when the Town Board shall have approved it as to form, sufficiency of surety and manner of execution.
(2)
The performance security shall be in the amount approved by the Town Board in the form of a performance bond issued by a surety company licensed in the State of New York; a letter of credit issued by a federally or state-chartered financial institution; or a savings passbook, money market account or certificate of deposit naming the Town of Wawarsing as joint tenant.
(3)
Such performance security, if in the form of a performance bond or letter of credit, shall run for a term to be fixed by the Planning Board, but in no event for a term longer than three years; provided, however, that the term of such security may be extended by the Planning Board with the consent of the parties thereto. In the event that such security is in the form of a letter of credit, such a letter of credit shall contain a provision requiring automatic renewal thereof unless, not less than 30 days prior to its expiration, the Town of Wawarsing is given written notice of the issuing institution's intention not to renew such letter of credit.
(4)
The performance security in the full amount established by the Town Board shall be posted with the Town Clerk upon grant of final site plan approval. No building permits shall be issued for and no site preparation work shall be commenced on the subject premises unless and until the necessary performance security has been posted.
(5)
A duly designated official of the Town shall inspect the improvements during construction to assure their satisfactory completion. An inspection fee of 5% of the performance bond amount shall be posted by the applicant to cover the cost of required inspections.
(6)
During the course of construction, the performance security may be reduced, in the sole discretion of the Town Board upon the recommendation of the Planning Board, to an amount certified by the Town Engineer or the Town's consulting engineer to be the probable cost of completion of the remainder of the required site improvements, but in no event shall such amount be reduced to less than 50% of the original amount of the performance security.
(7)
The performance security shall be released or reduced only by the Town Board and only upon recommendation of the Planning Board after certification by the Town Engineer or the Town's consulting engineer that all or part of the required site improvements have been completed in conformance with the approved final site plan and all applicable regulations.
D.
Site improvements subject to bonding. The following items are considered essential to the principles stated above and shall be included in the amount of the performance security to be set:
(1)
Site grading, including replacement of topsoil and seeding, and including necessary structural features such as retaining walls and ground cover.
(2)
Drainage, including waterways, conduits and all necessary appurtenances and structures.
(3)
Water and sewer systems, including all wells, conduits, structures and appurtenances as may be required by those government agencies having final jurisdiction for approval of those systems.
(4)
Foundation course, pavement, curbs and sidewalks for all roads, drives, parking areas and walkways.
(5)
Lighting, including all necessary wiring, structures and appurtenances.
(6)
Landscaping, including all shrubs, trees and screening as may be required to ensure that the final site condition meets with the planning and zoning concepts expressed in the Comprehensive Plan of the Town of Wawarsing and this chapter, as well as all drainage and soil erosion measures required to protect the site.
(7)
The Planning Board shall have the discretion to require only a restoration bond be posted, should it be deemed sufficient to protect the Town's interests. In the event a restoration bond is posted, the inspection fee to be deposited by the applicant shall be 5% of the full performance bond amount otherwise required by this section.
E.
Phased projects. In the event that a particular site plan is to be constructed in sections or phases, the Planning Board, in its sole discretion, taking into consideration the importance of the entirety of the site improvements on the section or phase to be constructed, may recommend to the Town Board that the performance security be posted for only so much of the project as is going to be constructed in a particular phase or section; provided, however, that no building permits shall be issued for and site work shall be conducted on any future phase or section unless and until the required performance security is established for such future phase or section and properly posted in accordance with the provisions of this section.
F.
Default. In the event that any required site improvements have not been installed as provided in this section within the term of the performance security, the Town Board may thereupon declare said performance security to be in default and collect the sum remaining payable thereunder, and, upon receipt of the proceeds thereof, the Town shall install such improvements as are covered by such security and are commensurate with the extent of building development that has taken place on the site. In the event that no building has taken place but site preparation has taken place, the proceeds of the security shall be used, to the extent practicable, to restore the site to its original state and avoid erosion and adverse drainage conditions.