A. A site plan that has received final site plan approval may be modified upon submission of an application for such modification. The application must comply with the provisions of this article. The procedures are the same as for an initial application for site plan approval.
B. Planning Board approval of a modification is required if the modification involves or includes any of the following:
(1) Enlarging the square footage of an existing or previously approved building by more than 20% or 2,000 square feet gross floor area, whichever is less. Enlargements that do not meet this threshold remain subject to the determination in Subsection
B(9) below;
(2) Adding five or more parking spaces;
(3) Construction, alteration, or renovation of the interior of a building involving a change in use;
(4) Alteration of traffic flows and access, or a significant (in the judgment of the Director of Planning) increase in the volume of traffic;
(5) A significant (in the judgment of the Director of Planning) change in the aesthetic appearance of any structure or site plan element, including landscape and lighting details, from the last approved site plan;
(6) A change in the impacts of the project on surrounding properties, such as an increase in noise, stormwater runoff, light illumination, or obstructions to views;
(7) Demolition, or a proposed demolition, of an existing previously approved building with a footprint larger than 3,000 square feet;
(8) Violation of any express conditions (including, without limitation, buffer zones, setbacks, and similar restrictions) last imposed by the Planning Board for site plan approval; or
(9) A determination by the Director of Planning that a movement or shift of a location of one or more structures laterally or vertically from the location or elevation shown on the final site plan:
(a) Materially affects the overall site layout or specific elements of the site, including roads, traffic movements, sidewalks, parking areas, viewshed, drainage, and buffer areas; or
(b) Violates any express conditions (including, without limitation, buffer zones, setbacks, etc.) imposed by the Planning Board for site plan approval.
C. Numerical criteria in Subsection
B(1) and
(2) are an aggregate maximum (e.g., if a 700-square-feet addition is constructed on an existing 5,000 square feet building without obtaining Planning Board approval, construction of a second addition larger than 300 square feet would require Planning Board approval of a modified site plan, and if three additional parking spaces are constructed without obtaining Planning Board approval, construction of more than two additional parking spaces would require Planning Board approval of a modified site plan).
D. The fact that Planning Board approval is not required for some modifications shall not be construed to allow:
(1) Construction that violates any other provision of Town Code Chapter
270 (Zoning); or
(2) The requirement to obtain a building permit in those circumstances when otherwise required by the terms of Town Code Chapter 270 (Zoning) or the New York State Uniform Fire Prevention and Building Code.
