Yates Town City Zoning Code
ARTICLE X
Site Plan Review
§ 240-108 Purpose.
The intent of this article is to set forth additional general standards applying to certain uses and activities. The nature of these uses and activities require special consideration of their impacts upon surrounding properties, the environment, community character and the ability of the Town to accommodate development consistent with the objectives of this chapter.
§ 240-109 Applications.
A.
Site plan review shall be required for all applications for zoning permits, zoning variances, or special use permits, except those for one- and two-family dwellings, their permitted accessory uses, or any addition to a single-family dwellings.
B.
Residential development within a historic district must also have site plan approval.
C.
All development (including residential) within the General Business (GB) District, Industrial (I) District, Light Industrial (LI) District, Historic District or Waterfront Development District must also have a site plan approval.
D.
No zoning permit shall be issued until all the requirements of this article and all other applicable provisions of this chapter have been met.
§ 240-110 Procedure.
A.
Each application for site plan review shall be referred to the Town Planning Board.
(1)
The application shall be made to the Planning Board by filing it with the Town Clerk or the Code Enforcement Officer.
(2)
The Code Enforcement Officer shall present it to the Planning Board at their next regularly scheduled meeting.
(3)
The applicant should attend the Planning Board meeting to answer questions concerning the application.
B.
Within 62 days of receipt of the application the Planning Board shall render a decision to approve with conditions, or deny, and forward the decisions to the Code Enforcement Officer. Any extension of this sixty-two-day period may be granted upon consent of both the applicant and the Town Planning Board. If the Planning Board fails to act within said sixty-two-day period or extension that has been granted, the site plan shall be considered approved.
C.
Agricultural data statement.
(1)
Any application for a site plan review of a project that would occur on property within an agricultural district containing a farm operation or on property with boundaries within 500 feet of a farm operation located in an agricultural district, shall include an agricultural data statement.
(2)
The Planning Board shall evaluate and consider the agricultural data statement in its review of the possible impacts on the proposed agricultural district.
(3)
Upon the receipt of such application by the Planning Board, the Clerk of such board shall send, through registered mail, written notice of such application to the owners of land as identified by the applicant in the agricultural data statement. Such notice shall include a description of the proposed project and its location. The cost of mailing said notice will be borne by the applicant.
(4)
An agricultural data statement shall include the name and address of the applicant, a description of the proposed project and its location, the agricultural district which land contains farm operations and is located within 500 feet of the boundary upon which the project is proposed; and a Tax Map or other map showing the site of the proposed project relative to the location of farm operations identified in the agricultural data statement.
D.
The Planning Board is hereby authorized to waive any of the requirements for site plan review in this section, if it finds that such requirements are not needed to protect public health, safety or general welfare, or are inappropriate to the particular site plan.
E.
A full written record of the Planning Board minutes and decisions together with all documents pertaining to the case shall be filed in the Office of the Town Clerk and shall be mailed to the applicant.
§ 240-111 Preapplication conference.
A preapplication conference may be held between the Planning Board and applicant to review the basic site design concept and generally determine the information to be required on the site plan.
§ 240-112 Application for site plan approval.
An application for site plan approval shall be made in writing to the Code Enforcement Officer and shall be accompanied by information drawn from the following checklist. The Planning Board may require additional information if necessary to complete its review.
A.
Plan checklist for all site plans:
(1)
Title of drawing, including name and address of applicant and person responsible for preparation of such drawing.
(2)
North arrow, scale and date.
(3)
Boundaries of the property plotted to scale.
(4)
Existing watercourse and bodies of water.
(5)
Location of any slopes of 5% or greater.
(6)
Proposed grading and drainage.
(7)
Location, proposed use and height of all buildings and site improvements including culverts, drains, retaining walls and fences.
(8)
Location, design and construction materials of all parking and truck loading areas, showing points of entry and exit from the site.
(9)
Location of outdoor storage, if any.
(10)
Description of the method of sewage disposal and location of the facilities.
(11)
Identification of water source: if well, locate.
(12)
Location, size and design and construction materials of all proposed signs.
(13)
Location and proposed development of all buffer areas, including existing vegetation cover.
(14)
Location and design of outdoor lighting facilities.
(15)
General landscaping plan.
B.
As necessary, the Planning Board may require the following:
(1)
Provision for pedestrian access if necessary.
(2)
Location of fire lanes and hydrants.
(3)
Designation of the amount of building area proposed for retail sales or similar commercial activity.
(4)
Other elements integral to the proposed development as considered necessary by the Planning Board.
§ 240-113 Planning Board review of site plan.
The Planning Board's review of the site plan shall include, as appropriate, the following:
A.
General considerations.
(1)
Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers and traffic controls, and including the maximum feasible redesign of private roads to conform to public access and rights-of-way.
(2)
Adequacy and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular traffic and overall pedestrian convenience.
(3)
Location, arrangement, appearance and sufficiency of off-street parking and loading.
(4)
Location, arrangement, size and design and general site compatibility of buildings, lighting and signs.
(5)
Adequacy of stormwater and drainage facilities.
(6)
Adequacy of water supply and sewage disposal facilities.
(7)
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 feasible retention of existing vegetation.
(8)
In the case of apartment complex or to other multiple dwelling, the adequacy of usable open space for play areas and informal recreation.
(9)
Protection of adjacent or neighboring properties against noise, glare, unsightliness or nuisances.
(10)
Protection of solar access on adjacent or neighboring properties.
(11)
Adequacy of fire lanes and other emergency zones and the provision of fire hydrants.
(12)
Special attention to the adequacy of structures, roadways and landscaping in areas with susceptibility to ponding, flooding and or erosion.
(13)
Special attention to the productive use and access with "backlot" areas, indicating present and future intended uses.
(14)
Consistency with the general intent of the Town's comprehensive Master Planning Process.
B.
Consultant review. The Planning Board may consult with the Town Code Enforcement Officer, Fire Commissioners, highway departments, county planning department, and other local county officials, 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.
C.
Public hearing.
(1)
The Planning Board may conduct a public hearing of the site plan. If a public hearing is considered desirable by a majority of the Planning Board, such public hearing shall be conducted within 62 days of the receipt of the application and shall be advertised in the official newspaper of the Town at least five days before the public hearing. Decision shall be rendered within 62 days of the public hearing.
(2)
If a public hearing is scheduled, the Planning Board may notify adjacent property owners and may require the applicant to place a sign on the property that indicates the date of the public hearing.