Procedure.
A. The site plan process incorporates three successive stages: a) sketch plan review, b) preliminary site plan approval, and c) final site plan approval. Final site plan approval is required in all cases prior to the issuance of a building permit or certificate of occupancy or certificate of compliance. The sketch plan review is at the option of the applicant except as may be required by the Director of Planning if the proposed project is complex, has significant potential effects on the environment, or if other conditions exist such that a sketch review would be beneficial to the applicant or the Town.
B. Sketch plan review. The sole purpose of sketch plan review is to review generally and informally the proposed project, advise the applicant as to whether it is reasonable to anticipate a positive response to a formal application, and to highlight any concerns that may be readily apparent to the Planning Board. No vote of approval or disapproval shall be taken with respect to a sketch plan.
C. Preliminary site plan review. An applicant may, at his or her discretion, apply for preliminary site plan approval. Further, if the Planning Board determines that an application for final site plan approval is insufficient for an affirmative decision, the Board may grant preliminary site plan approval with such conditions and restrictions as are permitted by § 274-a of the Town Law or any similar or successor statute.
D. Formal application.
(1) Unless other requirements of this chapter govern (e.g., the procedures for creation of Planned Development Zone) the applicant shall make formal application for site plan approval by submitting, at a minimum:
(a) One completed and signed development review application.
(b) Applicable application fees.
(c) Deposit of review fees.
(d) One fully completed and signed short environmental assessment form, Part I (SEAF), or long environmental assessment form, Part I (LEAF), whichever is required.
(e) Estimate of costs of site improvements (excluding cost of land acquisition and professional fees) to be prepared (preferably) by a licensed professional engineer.
(f) Four full-size dark-line prints of the site plan and 25 reduced copies of all sheets of the plan (the reduced copies to be no larger than 11 inches by 17 inches) with all required information.
(g) All other information required by this chapter or other laws, rules or regulations for site plan approval.
(2) The application for site plan approval shall not be deemed complete until all of the above items are received by the Town Planner and the requirements of SEQR have been met.
E. Upon receipt of a complete application, the Planning Board shall hold a public hearing in accordance with the provisions of Town Law § 274-a or any similar or successor applicable statutes and shall render a decision approving, approving with conditions, or disapproving the site plan.
F. In making its decision, the Planning Board shall have the power to impose conditions and restrictions as authorized by§ 274-a of the Town Law or any similar or successor statute.
G. If preliminary site plan approval is granted, when the developer applies for final site plan approval the same procedures shall again be utilized, except that if the final site plan is in substantial agreement with the site plan that received preliminary site plan approval, no further action under SEQR shall be required. If the final site plan differs significantly from the preliminary site plan, it shall be treated as a new application, including compliance with applicable SEQR requirements.
H. In reviewing the final site plan application following preliminary site plan approval, the Planning Board shall, in the absence of significant new information, confine its review to determining whether the final plan a) conforms to the preliminary plan, b) complies with any conditions imposed by the Board in granting preliminary approval, and c) complies in all other respects with the provisions of the Town Law and this chapter.
I. The owner and applicant shall be bound by the final site plan as approved by the Planning Board, and all construction and development shall occur only in accordance with the finally approved site plan, unless specifically otherwise authorized by the provisions of this chapter.
Site plan requirements.
The site plan shall include the following items, and such additional items as may be reasonably requested by the Planning Board in order to fully and adequately review the application for approval of the site plan or other permit or authorization being sought, which requirements may be articulated on one or more checklists supplied to applicants for site plan approval or modification. Without limiting the authority of the Planning Board or other reviewing board of the Town with respect to additional items, the minimum items to be included are set forth below with respect to each type of site plan being reviewed.
A. Sketch plan requirements. The sketch plan submission(s) shall include:
(1) General project narrative that describes the project and explains the purpose of the project, including the type and density of development, water and sewer systems proposed, and general timetable for the development.
(2) General location map of the proposed development in the Town.
(3) A drawing that shows:
(a) Approximate property boundaries of parcel(s) involved.
(b) Existing land use of property and immediately adjacent properties.
(c) Approximate locations of existing buildings and structures (accessory buildings, walls, fences, parking areas, etc.).
(d) Approximate locations of existing water and sewerage facilities.
(e) Approximate location of adjacent or nearby highways.
(f) General topography of project area.
(g) Location of potentially significant, natural, or cultural features on or adjacent to the project site (streams, wetlands, ponds, slopes, historic structures, etc.).
(4) A drawing that shows:
(a) Proposed land use of the property, with proposed buildings and structures.
(b) Approximate locations of proposed water and sewerage facilities.
(c) Approximate locations of proposed stormwater facilities.
(d) Approximate locations of proposed roadway, pedestrian, and bicycle facilities.
B. Preliminary site plan requirements. [NOTE: All applications should be submitted in digital format, with drawing sizes and numbers of paper copies as specified by staff.] The preliminary site plan submission(s) shall include:
(1) Detailed project narrative that explains the project and any attachments, plans, and reports accompanying the submission.
(2) Drawings that are clear, legible, accurate, and contain the name and seal of the licensed land surveyor, engineer, architect, and/or landscape architect who prepared the materials and are associated with the project.
(3) Drawings must contain the project title and address, with town, county, and state, North arrow, preparer's name and address, and dates (including revision dates). Map scale should be no less than one inch equals 20 feet, or at a scale of adequate size to clearly identify all features and infrastructure throughout the limits of the project and corresponds to a ratio on a US engineering scale.
(4) Key map, when more than one sheet is required to present site plan.
(5) Context/vicinity map showing the general location of the property.
(6) Site survey/existing condition plan that shows:
(a) Name and address of all owners of the property.
(b) Exact boundary lines of tract, indicated by a heavy line.
(c) Easements, names of easement owners, and recording information for easements.
(d) Rights-of-way (ROW) and owners of the ROW.
(e) Existing buildings and all other structures on the property.
(f) Existing parking areas, including number of parking spaces.
(g) Existing streets, driveways, loading areas, sidewalks, and curb cuts.
(h) Existing bicycle and pedestrian facilities.
(i) Existing hydrologic and topographical features, including drainage and runoff patterns, flood hazard areas, streams,[1] slopes, ponds, and wetlands.
(j) Existing lighting and signage.
(k) Existing woodlands, brushlands, significant habitats and rare plants.
(l) Existing known cultural features, structures or sites listed (or eligible for listing) on the State or National Registers of Historic Places.
(m) Existing unique natural areas on or adjacent to the project site.
(7) Site plan that shows the location of:
(a) Property lines with dimensions and area, including property lines of adjacent properties.
(b) Identification of any buildings or structures to be removed.
(c) Proposed buildings and other structures (accessory structures, dumpsters, fences, walls, etc.).
(d) Proposed streets, driveways, sidewalks, trails, and curb cuts, with appropriate profiles.
(e) Proposed on-site circulation, including parking spaces (numbered, with dimensions noted), bicycle and pedestrian facilities, loading areas, stacking spaces with dimensions and setbacks.
(f) Proposed landscaping and planting plans, including proposed buffers.
(g) Location of proposed site signage with setbacks (directional signs, freestanding signs, etc.).
(h) Location of proposed outdoor lighting.
(i) Accurate outlines and descriptions of any easements and/or areas to be dedicated or reserved for public use or acquisition, with the purposes indicated thereon, and of any easements or areas to be reserved by deed covenant or otherwise for common uses of some or all property owners, tenants, or other users of the property in the project.
(j) References to any separate instruments, including restrictive covenants, that directly affect the land in the project.
(8) Building elevations that include:
(a) Scaled elevation drawings of all existing structures to remain.
(b) Proposed building architectural elevations with dimensions, including maximum height above grade.
(c) Rendered elevations showing all facades keyed to building materials.
(d) Proposed building materials and colors.
(e) Rooftop equipment and mechanicals.
(f) Schematic floor plans, including square footage.
(9) Grading and drainage information that includes:
(a) Existing and proposed contours at one-foot contour intervals and spot elevations.
(b) Limits of grading, description of cut and fill information (volumes, fill material composition).
(c) Stormwater pollution prevention plan (SWPPP), pursuant to Town Code
Chapter 228: Stormwater Management and Erosion and Sediment Control and all applicable NYSDEC rules and regulations, including location of erosion/sediment control structures and other stormwater management measures.
(d) Existing trees to remain and existing trees proposed to be removed (species and diameter at breast height noted).
(10) Utility information that includes:
(a) Location of existing utilities, including size and flow direction of sewers, water supply lines, and culverts.
(b) Plan and profile of proposed utilities, including size and flow direction of sewers, water supply lines, and culverts.
(c) Location of existing and proposed fire hydrants.
(d) Location of existing and proposed electric, gas, and telephone lines and appurtenances (transformer boxes, valves, etc.).
(11) Landscaping/planting information, including:
(a) Location and type of existing vegetation.
(b) Planting schedule, including type and quantity of proposed plant materials (common and botanical names), root specifications and size at time of planting. No invasive plants permitted.
(a) Proposed size, location, height, design, and construction materials for all proposed signs (note whether internally or externally illuminated).
(b) Lighting contours, photometrics, and lighting specification sheets for all outdoor lighting.
(c) Proposed size, location, height, design, and construction materials for all light fixtures.
(d) Proposed LED color temperature noted on plan.
(13) Construction staging and related information that shows:
(a) Construction phasing diagram.
(b) Construction staging plan, including proposed construction fencing, fencing details, and location of stockpile materials and equipment.
(c) Details of proposed tree protection devices during construction.
(14) Other information, as applicable:
(a) A signed owner's authorization and certification form.
(b) Completion of Energy Code Supplement compliance checklist.
(c) Completion of agricultural data statement.
C. Final site plan requirements. The final site plan shall include:
(1) Project narrative, explaining any project changes since preliminary site plan approval, and how the materials comply with conditions of preliminary approval.
(2) Final site plan drawings, including any required revised drawings that were necessary to comply with any conditions imposed as part of the preliminary site plan approval process. All drawings require the name and seal of the licensed land surveyor, engineer, architect, or landscape architect who prepared the materials and are associated with the project. Drawings must also contain the project title and address, graphic scale, North arrow, preparer's name and address, and date (including all revision dates).
(3) Truck routing plans, and any other reports, studies, engineering calculations, documents, or materials that were required to be submitted before consideration of final site plan approval.
Waiver of requirements.
The Town Board in those circumstances where a site plan is required for Town Board review, and the Planning Board in those circumstances where a site plan is provided for Planning Board review, may waive one or more items (e.g., topography) otherwise normally required to be shown on the site plan when the applicable board determines that the circumstances of the application do not require a full site plan for adequate consideration of the applicant's proposal.
Considerations for approval.
The Planning Board's review of a site plan shall include as appropriate, but shall not be limited to, the following considerations:
A. Adequacy, arrangement, and location of vehicular access and circulation, including intersections, road widths, pavement surfaces, off-street parking and loading areas, and traffic controls.
B. Adequacy, arrangement, and location of pedestrian and bicycle traffic access and circulation, control of intersections with vehicular traffic, and appropriate provisions for handicapped persons.
C.
(1) Adequacy, location, arrangement, size, design, and general site compatibility of buildings, lighting, open spaces, paved areas, outdoor waste disposal facilities, and contiguity of open spaces.
(2) Adequacy, location, arrangement, and size of signs.
D. Adequacy, location, arrangement, size, design, and general site compatibility of buildings, lighting, signs, open spaces, paved areas, outdoor waste disposal facilities, and contiguity of open spaces.
E. Adequacy, type, and arrangement of trees, shrubs, and other landscaping, including those on site and those constituting a visual and/or noise-deterring buffer between the applicant's and adjoining lands, including the retention of existing vegetation of value to the maximum extent possible.
F. In the case of a residential property, and in the case of other properties where appropriate, the adequacy and utility of open space for playgrounds and for informal recreation.
G. Compatibility of the project with the surrounding neighborhood, including protection of adjacent properties and the general public against noise, glare, unsightliness, or other objectionable features.
H. Adequacy of stormwater drainage, water supply, sewage disposal facilities and other community infrastructures and services.
I. Adequacy of fire lanes and other emergency provisions.
J. The effect of the proposed development on environmentally sensitive areas including but not limited to wetlands, floodplains, woodlands, steep slopes, watercourses or bodies, viewsheds, unique natural habitats, and on other open space areas of importance to the neighborhood or community.
K. The effect of the proposed development on any historic structures listed or eligible for listing on the National Register of Historic Places.
L. The need for, and the adequacy of, any natural or man-made buffers.
M. Whether the design of the project minimizes the increase of impervious surfaces on the site.
N. Compliance with the Town's Comprehensive Plan, Zoning Ordinance, Subdivision Regulations, Water Resources Ordinances, if applicable, Outdoor Lighting Law, Complete Streets Policy, and any other applicable laws, rules, requirements, or policies.
Limitations on Construction
No site plan shall be approved which provides for construction or other disturbance of land in environmentally sensitive areas, including but not limited to, wetlands, watercourses, steep slopes, unique natural areas, or rare plant or animal habitats, unless the applicant demonstrates with professional evidence reasonably satisfactory to the Planning Board that such construction may occur without adverse environmental effects upon such areas. Nothing in this subsection is intended to permit construction or other activities in areas where the same are prohibited or regulated by other laws or regulations of the federal, state, county, or local government.
Reservation of Parkland
If the proposed project includes dwelling units, the Planning Board may, in accordance with the provisions and requirements of Town Law § 274-a or any similar or successor law, require a park or parks to be shown on the site plan, or, to the extent permitted by § 274-a, monies in lieu of parkland.
