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HomeMy WebLinkAbout1998-Ordinance_Site Plan Review.pdfSITE PLAN REVIEW AND APPROVAL BY PLANNING BOARD (Section 310) History and intent. This site planning review process is an ordinance that establishes procedures which ensure that the public has the opportunity to become informed about, and to review and comment on, proposed commercial development while that development is in the planning stages. This ordinance becomes part of the Town of Ulysses Zoning Ordinance, which was enacted in 1968, amended in 1978, and is being amended again in 1998 to make it consistent with the existing land use plan. As a function of the Town's authority over health, safety, and general welfare, the Planning Board is responsible for conducting the review process under this ordinance. The Board will solicit comments from the developer and the public at a regularly scheduled public meeting. (310.1) Establishment of function. The Planning Board is hereby charged with carrying out the review and approval functions provided for in Section 274a of Town Law: to review and approve, approve with modifications and/or conditions, or disapprove site plans and the establishment of specified activities by resolution which shall constitute the Board's decision. (310.2) Applicability. All land use activities as defined in the Zoning Ordinance within the Town requiring a permit of any kind, including occupancy classification changes as per New York State Building Code, 701.1 shall require site plan review and approval before being undertaken, except the following: Construction and repairs/alterations of one or two-family dwellings and their ordinary accessory structures, and related land use activities. 2. Ordinary repair or maintenance or interior alterations to existing structures 3. Changes in existing uses that do not affect site appearance, drainage, noise level, parking, traffic, or the nature and character of the enterprise conducted therein. 4. Farms as defined the NY Ag & Markets Law article 25AA, and related farm structures used solely for farming purposes. (Farm structures converted to other commercial uses are subject to site plan review, subject to Ag & Markets Law section 305-a). 5. The sale of agricultural produce and temporary structures related to sale of agricultural produce. Temporary shall be defined as in operation for less than six months per calendar year. In all cases where this local law shall apply, the review and approval of the proposed action is the responsibility of the Planning Board, with the administrative assistance of the Zoning Officer. (Section 311) Sketch Plan Conference A sketch plan conference shall be held between the Zoning Officer and applicant to review the basic site design and occupancy concept and generally determine the information to be required on the application. At the sketch plan conference, the applicant should provide the data outlined below by a map in addition to a statement or rough outline describing what is proposed. a) An area map showing the parcel under consideration for site plan and occupancy review, and all properties, subdivisions, streets, and easements within 300 feet of the boundaries thereof. b) A map of site topography showing: areas with slope greater than 5 percent; areas with poor drainage, susceptibility to erosion, flooding, or ponding; and soil types. (Section 312) Application for Site Plan Approval. An application for site plan and occupancy approval shall be made in writing to the Planning Board and shall be accompanied by: a) A fee as provided in the Town Schedule of Fees b) A site plan at an appropriate scale including the following required information, unless specifically waived by the Planning Board: 1) Name of the project, boundaries (to scale), and locus maps (to scale) showing site's location in town, date, north arrow and scale of the plan. 2) Name and address of the owner of record, developer, and seal of the engineer, architect, or landscape architect that prepared the site plan. 3) Names and addresses of all owners of record of abutting parcels and those within three hundred (300) feet of the property line. 4) All existing lot lines, easements, and rights-of-way. Include area in acres or square feet, abutting land uses, and the location and uses of structures within three hundred (300) feet of the site. 5) The location and use of all existing and proposed buildings and structures within the development, including any outdoor storage. Include all dimensions of height and floor area, and show all exterior entrances, and all anticipated future additions and alterations. Describe features that will cause the project to be in keeping with the nature and character of the neighborhood and community. 6) The location of all present and proposed public roads and private ways, parking areas, driveways, sidewalks, ramps, curbs, fences, paths, landscaping, walls, and fences. Description of methods of waste disposal, locations, design, construction material, and screening details for all waste disposal containers shall also be shown. 7) The location, height, intensity, and bulb type (e.g., fluorescent, sodium incandescent) of all external lighting fixtures. The direction and illumination and methods to eliminate glare onto adjoining properties must also be shown. 8) The location, height, size materials, and design of all proposed signage. 9) The location of all present and proposed utility systems including: sewage or septic system, water supply system, telephone, cable, and electrical systems, and storm drainage system including existing and proposed drain lines, culverts, catch basins, headwalls, endwalls, hydrants, manholes, and drainage swales. The Planning Board may also request soil logs, percolation tests and storm run-off calculations for large or environmentally sensitive developments. 10) Plans to prevent the pollution of groundwater and surface water, erosion of soil both during and after construction, excessive run-off, excessive raising or lowering of the water table, and flooding of other properties, if applicable. 11) Existing and proposed topography at a two (2) foot contour interval. All elevations shall refer to the nearest United States Coastal and Geodetic Bench Mark. If any portion of the parcel is within the 100 year flood plain, the area will be shown, and base flood elevations given. Indicate areas within the proposed site and within fifty (50) feet of the proposed site, where ground removal or filling is required, and give its approximate volume in cubic yards. 12) A landscape plan showing all buffer areas, including existing natural land features, trees, forest cover, and water sources, and all proposed changes to these features including size and type of plant material. Water sources will include ponds, lakes, brooks, streams, wetlands, floodplains, and drainage retention areas. 13) Zoning district boundaries within five hundred (500) feet of the site's perimeter shall be drawn and identified on the plan. 14) Traffic flow patterns within the site, entrances and exits, loading and unloading areas, curb cuts on the site and within one hundred (100) feet of the site. The Planning Board may require a detailed traffic study for large developments or those in heavy traffic areas to include: a) the projected number of motor vehicle trips to enter or leave the site, estimated for daily and peak hour traffic levels; b) the projected traffic flow pattern including vehicular movements at all major intersections likely to be affected by the proposed use of the site; c) the impact of this traffic upon existing abutting public and private ways in relation to existing road capacities. Existing and proposed daily and peak traffic hour levels as well as road capacity levels shall also be given. 15) For new construction or alterations to any existing building, a table containing the following information must be included: a) area of building to be used for a particular use such as retail operation, office storage, etc; b) maximum number of employees; c) maximum seating capacity, where applicable; d) number of parking spaces existing and required for all intended uses. 16) Elevation plans at a scale of 1/4" =1' for all exterior facades of the proposed structure(s) and/or existing facades, plus addition(s) showing design features and indicating type and color of materials to be used. 17) An Environmental Assessment Form, as determined at the sketch conference, with Part 1 filled out. 18) Identification of any federal, state, or county permits required for the project's execution. The Planning Board reserves the right to request additional information related to the above requirements 1 through 18 as considered necessary and may choose to waive specific requirements in certain situations. The Planning Board shall make a determination under SEQR (see Environmental Conservation Law, Section 8-0113.) and comply with the State Environmental Quality Review Act. (Section 313) Review of Site Plan and Occupancy Proposal The Planning Board's review of a Site Plan and Occupancy Proposal shall include, as appropriate, the reasonable fulfillment of the considerations and objectives listed below. Design guidelines adopted by the Planning Board from time to time are meant to assist applicants in the preparation of their site plans. a) Building and Site Character The building location and setbacks, area and location of drives and parking, architecture, signage and landscaping of the development, and how these features integrate with the surrounding built and natural landscape character of the Town. b) Existing Vegetation and Landscape Amenities Minimizing the removal of existing vegetation and providing for the planting of replacement trees if construction requires tree removal. The applicant's efforts to integrate the proposed development into the existing landscape through design feature such as vegetative buffers, roadside trees and plantings, slope protection, and the retention of open space and agricultural land. In the case of a recreational camping facility, an apartment complex or other multiple dwelling, consideration of usable open space for play areas and informal recreation. c) Traffic Convenience and safety of both vehicular and pedestrian movement within the site and in relationship to adjoining roadways and properties. Adequacy of emergency access areas. d) Parking and Loading Safe and adequate parking, lighting and internal traffic control along with provisions for the off- street loading and unloading of vehicles necessary to normal operation of the establishment. e) Stormwater and Site Drainage Environmentally sound storm water and drainage design aiming to reduce or minimize the amount of runoff from the site both during and after construction. This includes minimizing soil erosion both during and after construction and the protection of new and existing structures, roadways, and landscaping in areas susceptible to periodic water inundation, flooding and/or fj Town Services Reasonable demands placed on Town services and infrastructure. g) Sewer and Water Adequacy of water supply and methods for sewage and refuse disposal and the protection from pollution of both surface waters and groundwater. Provision of fire hydrants and water supply for emergency needs. h) Nuisances Protection of adjacent neighboring properties from any undue disturbance caused by excessive or unreasonable noise, glare, vapors, smoke, fumes, dust, odors, stormwater runoff, etc. i) Promotes the goals and objectives of the existing comprehensive land use plan. (Section 314) Consultation and Hearing on Site Plan and Occupancy Proposal At their sole discretion, the Planning Board may consult with agencies or individuals, including but not limited to the zoning officer, fire commissioners, conservation council, commission of public works, other local and county officials, in addition to representatives of federal and state agencies, including the Natural Resource Conservation Service, Tompkins County Soil and Water District, the State Department of Transportation, and the State Department of Environmental Conservation. The Planning Board will give notice to Tompkins County Planning under NY General Municipal law 239-m. The Planning Board will conduct a public hearing on the site plan and occupancy proposal no later than 30 days from the receipt by the Planning Board of the proposal completed satisfying the requirements under section 312 above. The public hearing shall be advertised in the official newspaper at least 5 days before the date of the meeting and the applicant and property owners within 300' of the site will receive written notification. (Section 315) Action on Site Plan and Occupancy Proposal After the conclusion of the public review meeting the Planning Board shall render a decision on the site plan and occupancy proposal, to be carried out by the Zoning Officer. The Planning Board's action shall be in the form of a written statement to the applicant stating whether or not the proposal is approved, disapproved, or approved with modifications and/or conditions. The Planning Board's statement may include recommendations of desirable modifications to be incorporated in the final proposal, and conformance with specified modifications shall be considered a condition of approval. If the proposal is disapproved, the Planning Board's statement will state the reason(s) for such findings. In such a case, the Planning Board may recommend further study of the proposal and resubmission to the Planning Board after it has been revised or redesigned. The Planning Board may grant to the applicant a continuance of the review process and/or adjourn the conclusion of the public hearing until a later date agreed to by the applicant. a) Upon approval of the final proposal and payment by the applicant of all fees and reimbursable costs due to the municipality, the Planning Board shall endorse its approval by signature or stamp on a copy of the final site plan and occupancy proposal and related supporting documents, and shall forward it to the Zoning Officer. A copy of the resolution of approval shall be filed with the Town Clerk within 5 days of the decision by the Planning Board. b) Upon disapproval of a final proposal, the Planning Board shall so inform the Zoning Officer and the Zoning Officer shall not issue a Building Permit to the applicant. The Planning Board must make specific written findings as to the criteria set forth in Section 313 above before it can disapprove a final proposal. The Planning Board shall also notify the applicant in writing of its decision and its reasons for disapproval. A copy of the resolution of disapproval shall be filed with the Town Clerk within 5 days of the decision by the Planning Board. If no decision is made within the 30 -day period following the conclusion of the public hearing, the proposal shall be considered approved, as submitted. (Section 316) Submission of Final Detailed Site Plan and Occupancy Proposal After receiving approval, with or without conditions, from the Planning Board on a site plan and occupancy proposal, the applicant shall submit a final, detailed site plan and occupancy proposal to the Zoning Officer for verification before a building permit will be issued. If more than six months has elapsed since the time of the Planning Board's decision on the final proposal and the issuance of the building permit, the Planning Board shall require a resubmission of the proposal. A final site plan and occupancy proposal shall conform to the approved proposal. It should incorporate any conditions or modifications that may have been made by the Planning Board in its review. All such compliances shall be clearly indicated by the applicant on the appropriate submission. The following additional information must accompany a final site plan and occupancy proposal: a) Record of application for and approvals of all necessary permits from federal, state, and county officials; b) Any changes or additions in sizing and final material specification of all required improvements; and c) An estimated project construction schedule. (Section 317) (317.1) Performance Guarantee. No certificate of occupancy may be issued until all improvements shown on the approved site plan and occupancy proposal are installed or a sufficient performance guarantee has been posted for improvements not yet completed. The sufficiency of such performance guarantee shall be determined by the Planning Board after consultation with the Zoning Officer, Public Works Officials, Municipal Attorney, or other appropriate persons designated by the Town. (317.2) Inspection of Improvements. The Zoning Officer shall be responsible for the overall inspection of site improvements, including coordination with Public Works Officials and other officials and agencies, as appropriate. (Section 318) Responsibilities of Zoning Officer (318.1) Administrative Assistant to the Planning Board. The Zoning Officer serves as administrative assistant to the Planning Board in carrying out its Flood Damage Prevention and site Plan Review responsibilities. The Zoning Officer shall maintain certain records, conducts inspections, and issues certificates as provided by these regulations. (Section 319) Miscellaneous. (319.1) Enforcement. Enforcement of violations of this local law shall be pursuant to Article II, Section 1 and Article X, Section 1 of the Zoning Ordinance: (319.2) Severability. The provisions of this local law are severable. If any article, section, or paragraph or provision of this local law shall be invalid, such invalidity shall apply only to the article, section, paragraph, or provision(s) adjudged invalid and the rest of this local law shall remain valid and effective.