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SITE PLAN REVIEW LAW

TABLE OF CONTENTS

ARTICLE

I - Introduc'l:ory Provisions

Section Section Section Section liRTIC'LE

II -

1.010

Section 2.040

S:?c::io~

ARTICLE

IV -

Intent and Purpose Authorization of Town Board to Review Site Plans

.~pplic3t~Lon

Section 2.010 Section 2.020 Section 2.030

Section Sect.ion Section Section

Ena.ctment Short Title

1.020 1.030 1.040

Applicability of Review Requirements

Effect on Existing Uses Relationship of this Law to Other Laws artd Regulations Definitions

3. 02.0 3.020 3.030 3.040 3.050

\7 -

Public

Section 5.010 Section 5.020 ARTICLE

P: . ;-'=2=~::-2.s SkE~tch

-

~:2:::2::~ll:r

Plan

Application Requirements Re~Iui red Fee Reimbursable Costs

Review 8t:andards

Section 4.010 Sec-tion 4. 020 Section 4.030

ARTICLE

3nd Defi.:1it1011s

General Standards and Considerations Specific Standards and Considerations Shoreline Standards and Considerations HE~aring

and Decision

Put>lic Hear路ing Town Board Decision

VI - Appeal of Town Board Decision

Section 6.010

Appeal Procedure

ARTICLE \/II - Miscellarteous Provisions

Section Sec't ion Section Section Section Section

7.010 7. 020 7.030 7.040

Enforcement Officer Further Regulations by Town Board AmE~ndments

Integration of Procedures

7.050

Enforcement

7.060

Sev"erabili ty


ARTICLE I Introductory Provisions

Section 1. 010 -

}~nactment.

The Town Board

0

f

Sherburne,

does hereby ordain and enact the Town of Sherburne

New York,

the authority and provisions

Site Plan Review Law pursuant to

of Section 10 of the Municipal Home Rule Law and Section 274-a of the

TOW11

Law.

1.020

Section krlown

the

as

Short

Title.

Thi s

Sherburne 1.s hereinafter referred to

review f i t health,

is

safety

and

intent

of

gE~neral

,3.S

the "town.

Purpose.

and

Intent

the

1 aw

Plan Revie'N Law."

"8herburJ:le Site

Section 1.030

loeal

this

local

welfare

of

The

the

Town

be 0

f

II

Through law

s hall

to

site

promote

plan t~e

A clean,

town.

wholesome, attractive environment is declared to be of

importance to the health and safety of the inhabitants of the town and, in addition, such an environment is deemed essential to

the

of

the

rnaintenance town

and

and. the

continued general

development

welfare

of

of

its

the

economy

inhabitants.

It is further the intent of this local law to ensure the optimurr~

overall COnSer\la tion, protection 1 preservation, deve 10;>-

ment and use of the na.tural and man related resources of the

town, by regulating land use activity within the town through review aI1d approval

this local law to allow

~ll

of

5i te plans.

proh~bit

It

is not the intent of

per se any land use activity but to

land use activities which will meet the standards set

forth in this local law"


1~~uthorization

Section 1. 040 -

Site Plans. and approve t

The Town Board is hereby authorized to review or disapprove

t~e

site plans

di:~S igna ted

own a s hereinafter

with

of Town Board to Review

land

Eor

pursuant

to

and

use

within

L~e

i n a ceo rdance

standards and procedures set forth in this local law. ARTICLE II Applicability and Definitions

Section 2.010 - Applicability of Review Requirements.

All

new land use activities within the town shall require site plan review and approval before being undertaken, except the follow-

ing: l~

Construction

~f

one or two-family dwelling and

ordinarv ac.::cessory strlctures, and related land use activities.

2 used

<

lD

Landscaping connection

sions of this local

3~

()rdinanry

cr

wit~

grading which

is

not

intended to

be

a land use reviewable under the provi-

law~

ret;air

or

maintenance

or

interior

altera.-

tions to existing strUl::=tures or uses.

40

Exterior alterations or additions to existing struc-

tures which would not

~ncrea~e

the square footage of the exist-

ing structure by more than 50% 5"

NOI1-structu ra:. agr icul tu ra lor gardening use s .

6 .,

Signs under 10 square feet.

7~

The sale of agricultural produce and temporary struc-

tur,es "related to sale of agricultural produce .

-2-


.; n ')

per son un c e r t a. i n

0

f

the a p p 1 i cab i 1 i t Y

0

1 0 c a =-

t his

f

law t:) a given land use activity may apply in writing to the SOd

TO\tJrl

rd. f or a wri t t.en j urisdict ional determination.

Sectioll 2.020 DOC

:E;ffect on Existing Uses.

-

This law does

apply to uses and structures which are lawfully in existence

as of the date this local law becomes effection.

would otherwi se be s ul)j ect to th i s 1 a'w ,

that has been dis con-

tinued for a period of one years or more,

r e \T i e ~yy pur sua n t resurTlej~

tot h e use

f\ny

or

t e r mS

0

f

structure

t his

Any use which

shall be subject to

1 a w be for e

shall

be

sue h

considered

use

i s

be

in

to

exist2nce provided the same has been substantially commenced as

of

t~e

effective date of this local law and fully constructed

and cOlTipleted within one year f rom the e f f ecti ve date local

0

f

t!1 is

la\iv.~

Section 2.030 - Relationship of this Law to Other Laws and Regulations~

or

This local law in no way affects

requirements of an:{ other federal,

r e 9" u 1 a t i

other

011 S

s~ch

Wher e

OJ

t ..h i s

1 0 c a l l aw

state, i sin

the provisions

or

local la\'J or

con Eli c t

wit han y

law or regulation, the more restrictive shall apply.

Sect.icJn 2.040 -

Df:~finitions.

JlFan1ily" - means a person or

persons related to each other by blood, marriage, or adoption, (and/or not more than three individuals not so

related), livinc

as a single housekeeping unit .

toget~er

IILand

Use

Activit:y"

means

any

construction

or

other

activity which changes the use or appearance of land or a structure

or

the intensity of use of land or a structure.

ActivityII'

"Land Use

s hallexplic i. t ly include , but not be limited to , the -3-


new

follo\r!ing:

neTt!

~::)E.lS

dri\7eways

in

changes

r

and

f

or miJteral

expansions to

struct.lres,

or

expansions

excava~:ions

deposits,

or

for

the

of

str"uc:~r~~sf

existing

uses,

existing

roads,

the purpose of extractin3" soil

deposit

of

fill

material

on

any

land area.

existi~g

nOne

Dwelling"

Family

means

a

complete

self-contained

residential unit for ?ermanent habitation by one family only, and

c~)ntaining

aIle

more

OI"

facilities

and

rooms

for

living

inc18ding cooking, sleeping, and sanitary needs. ":3rloreline u

mea:ns the high water mark of any lake, pond,

-

river, or permanent "S,tr11cture H

stLeam~

mea.ns any object constructed,

-

placed on land to facilitate division of

sheds,

any fixtures, additions, and alterations if

Structure,

accommoda. te

an

Accessory" accessory

structure, such as,

fr:~e

or

land use and development or sub-

such as buildings,

land,

installed,

-

use

signs,

tanks,

and

thereto~

means any structure designed to

but detached from

. â&#x20AC;˘ 1 the prlDclpaJ..

standing garage for vehicles accessory

to the principal use, a storage shed, garden house, or similar facility~

llirwo Family Dwelling"

self-con.tained

resider.. tial

habica::i.on by one

c aminan

\'Qal1

roo In S 3 n d

roof

means 'two complete, but separate,

-

units

each

family only in a f

wall ,

f a c i 1 i tie s

:E 0 r

or

cei 1 i ng

intended

for

permanent

single structure having a and

1 i vi n g i n c 1 u din g

containing

coo kin g ,

S2?ar ate

S 1 e e 9 in g

I

and sanitary needs.

Any term used in this local law which is not defined here-4-


il1abOVt~

carry

srlall

its

customary meaning

unless

context.

the

dictates.

other~lse

ARTICLE III

Site Plan Review Sect.ion 3. 010

-

Procedures -

Generally.

Prior to under-

taking any new land use activity except for a one or two family d\vellin9 aI1d other uses specifically excepted in Section 2.010

of this local law, a site plan approval by the Town Board is

the as

Applicants for site plan approval should follow

requ~;_red.

recorr~ended proce~ures

herE:':Lna.fter

set

related to the sketch plan conference

forth.

Applicants

must

comply

wi th

all

other procedures and requirements of this local law.

3. 020

all

Sketch

Plan.

A

sketch plan conEerence

s hall bE h (21d betvleen the Town Board and the a ppl ican t prlor

~o

the

preparat~on

and submission of a formal site

plan~

The intent of such a conference is to enable the applicant to inform the Town Board of his proposal prior to the preparation sf a detailed site plan; and for the Town Board to review the basic site design concept, advise the applicant as to poten.ti.al problems and concerns,

and to generally determine

the information to be required on the site plane accomplish

these

objectives,

the

applicant

shall

In order to provide

the

following: l~

A statement and rough sketch showing the locations and

d imens i_ ODS

0

f

prine ipa.l and acces sory structures, parking areas

access signs (with descriptions), existing and proposed vegeta-

-5-

1


tio~<1

other

anrj

existi~g

rn e a s ~1 t

features;

planr:ed

c~anges

anticipated

2-D

:~e

opography and natural features; and, where applicajle,

~ ,~~

and

f eat u res

to

com ply wit h

flood

h a Z 3.r dan d

flood

insurance regulations. An areas map showing the parcel under consideration for site

review,

pl,.an

r igh t s ~ c f -, \路,ci ~{f

and

all

easemen,ts,

properties,

and othe r

subdivisions,

pert inen t

streets,

f eat ur e s

wi th i n

200 feet of the boundaries of the parcel; and

[:,

3.

map of adequate scale and

or contour

topographic~

detail to show site to?ography. Section 3.030 for

3 :L. t

e.

p 1 an

An application

Application Requirements.

a pp r 0 \7 a 1

s hall

be

made

in

wr i tin g

tot ~ e

Supervisor of the Town of Sherburne and shall be accompanied by info[ma(~~.()n

con"tained on the following check list.

];>~LCln

sketch

shall

be

conferencE~

drawn

necessary by

from

the

Town

is

the

held,

the

following

Board

at

said

accompanying

checklist sketch

Whe:- 2

infor:nation

as

plan

t ~e

determined conference.,

Site Plan Checklist:

1

e

Ti tle of

draw=~ng,

cant and

pers on

including name and address of appl i-

res p.ons ib le

for

prepar a t ion

0

f

such

(jrawing;

29

North arrow, scale and date;

3.

BOl1ndaries of the property plotted to seale;

4.

Existing buildings;

5.

I::;rading and c.rainage plan,

showing existing and pro-

posed contours, rock outcrops, depth to bedrock, soil characteristic:s, and watercourses; -6-


Location, design, type of construction of all loading areas,

arld truck

par~in~

showing access and egress;

Location, design, type of construction, proposed use and exterior dimensions of all buildings; 8.

Provision for pedestrian access;

90

Location of outdoor storage, if any;

10

r.

Locat.ion, existing

clesign

and

construction

proposed

or

site

materials

improvements

all

of

including

drains, culverts, retaining walls and fences; lIe

Description of the method of sewage disposal and loca-

tion,

desi]n

and

materials

construction

of

such

public

water

facilities; 1.2~

Description aI1d

locatio~~l,

of

the method

of

design

and

securing

construction

materials

of

such facili-::ies.

13n

Location of fire and other emergency zones, including

the location of fire hydrants; 14~

Location,

design

construction

and

materials

of

all

energy distribution facilities, including electrical, '9 as and solar energy i 15~

Location,

s~ze

and design and type of construction of

all proposed signs; 16.

Locatio11 anci proposed development of all buffer areas, i ncl udin,g e:;:i st ing vege ta ti ve cover;

17

L0 cat ion an ,:1 des i g n

18"

Identification of the location and amount of building are apr 0 p 0

S E: d

0

f

0 Ut

for ret ail sal e S -7-

1 i 9 htin g f a c i 1 i tie s ;

d 00 L

0

r s i mil arc 0 mm ere i a 1


3.cti vi t,y;

1.9.

General landscaping plan and planting schedule;

20.

An estimated project construction schedule;

~.

Record of afplication for and status of all necessary

permits froIT other governmental bodies; 22-

Identification of any permits from other governmental bodies required for the project's execution; T

,... â&#x20AC;˘ uocal-lon,

design

CJther

material

used

as

land

fill

anrJ.

rna terial i

24.,

and

elemerlts

integral

to

the proposed developme-:lt

as may be considered necessary in the particular case by the Planning Boardc Sect~.L~)tl

-Required Feee

30040

An

application

for

site

plan :eview shall be accompanied by a fee of $25.00. ~

Sect:lC)D, 3 . . 050

I~eimbursable

Costs ..

Cost incurred bv

t~e

Town Board for consultation fees or other extraordinary expenses in connection with the review of a proposed site plan

shall be charged to the Town. ARTICLE IV Review Standards

Section

4~OlO

- General Standards and Considerations.

The

Town Board's review of the site plan shall include, as apprO~9ciate(t

bllt

it

is

not

limited to,

the

following

gener3.1

considerations: "1.

Location, arrangement, size, desig0, and general site compatibility of buildings, lighting and signs.

-8-


Adequacy and arrangement of vehicular traffic access ane} circulation, ~Javement

3~

incl'Jding intersections, road widths,

sur.::aces, dividers, and traffic controls. ar~angement,

Location,

appearance and sufficiency of

o ÂŁ ÂŁ - s t r e e t par }<: i n 9 and loa din g . 4~

Adequacy and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections

wit~

vehicular traffic and overall pedestrian

cODvenieJ1ce.

Adequacy of stormwater and drainage facilitiese Adequacy of

~ater

supply and sewage disposal

facilities.

7 cAdequacy,

type and arrangement of trees,

other landscaping constituting a l)ur fer

betwE~en

the appl ican t

f

S

shrubs

f

and

visual and/or noi32

and ad j

0

i ning

1 and s ,

including the maximum retention of existing vegetation. 8~

Adequacy of fire lanes and other emergency zones and the provision of fire hydrants.

9:

Special attention to the adequacy and impact of struc-

tures,

road~ays

and landscaping in areas with suscep-

tibility to ponding, flooding and/or erosion. it),

I:J'\lerall impa.ct on the neighborhood including compati-

b .i_I i t Y of d E~ s i 9 nco n sid era t ion s .

Section

4~020

follov-i n9 specific

the subject: uses or

- Specific Standards and Considerations. st5tndards iIi

shall

apply

the designated areas

-9-

in &

conjunction

The with


:Section

out

4.021

Shoreline

Standards

and

Considerations.

,

All construction on any shoreline lot shall be carried

l~

such manner as to minimize interference with the natJral

course of such waterway,

to avoid erosion of the shoreline, to

mlnlmlze

ncreased runoff of ground and surface water into

waterway,

to remove only that vegetation which is necessary to

the accoI'aplishment

of

the

project,

and

to

generally

t~e

maintain

toe exist ng aesthetic and ecological character of the shoreline. ~.

1 02 a. t

~~' (~;

'N i

OL~

septi::

~ewage

No on-site t hi n

0 [1 e

h L~n d red

tile field or seepage pit shall be (1 0 0)

fee t

0

fan y

s h 0 r eli n e

and n 0

ether holding tank shall be located within fifty (SO)

feet 0 t .3.111' shoreline,

as

measured

from the normal high wa:9r

mark of the water body. Arty boat

_) '"

c(JEn:m~)d.ation

the a

adequa~e '-t~

purup-out

of

0

r

other connection top rovide

for

sanitary wastes shall be connected to an

sewage disposal system. }:in":{

rna.rin.a,

boat

service

facility,

petroleiJrn products vJi thin one hundred

(100)

or

any storage of

feet or reasonanle

setback as determined necessary by the Town Board of the shoreline shall

include adequate provisions for insuring

any lea.k~,p rtlpture or

t~at

spill will be contained and not be int::-o-

duced :nto or affect the adjacent waterway_

In particular,

a

raised ea.rthen or pa\'ed berm or dyke shall be constructed in such a

5"

m3.r~rler

P.n.y

servic2 ar'ea

so as to afford adequate protection.

pav'ed or within

shall be d.esigned

otherwise

one

and

improved parking,

hundred

constructed -10-

(100)

so

feet as

to

of

any

loading

or

shoreline

minimize

sur:3.ce


the

er.~tran·~e

of any chemical pollutants or earthe:1

ARTICLE V Hea~ing

Public

Section. 5oe010 -

and Town Board Decision

P1J.blic Hearing.

The Town Board may ___

waa

.......-.

conduct a public heari.ng on the site plan if considered desirable by

~

majority of its members.

Such hearing shall be held

within th rty (30) days of the receipt of application for site

p~an

review and shall be advertised in the townls official

newspaper, or If there is none, in a newspaper of general

circuJ.a.tion in the town at least five (5) days before the public hearing, and all adjoining property owners will be

notifi d by registered mail. Sectit)1'1 5 ~ 020 -

days of

~eceipt

Town Board Decision.

Wi thin thirty (30)

of the application for site plan approval or

if a public hearing is held within thirty (30) days of public hearing,~

the

':PO"W'D

Boar·:l shall render a decision.

In its

dec i s 1. n T: he Town Boar·:l rna:l appro ve, a pprove wi th mod i fie d t i () n s

r

0

r

dis a.;> pro vet h e sit e pIa n .

The tim e per i

0

din

which the Town Board mJst render its decision can be extended by mutu.a.L cO.nsent of t.]e applicant and the Town Board . .i. ..

~~!l~rov·al~·

by the a approva~l. Oft

Upl)n approval 0 f' the site plan

f

and paymen t

icar1t of all fees the Town Board shall endorse its

a ccpy of -:.he site plan and shall immediately file

it anc1 a 'y/ritten s·ta.telnent of approval with the Town Clerk .

copy of tbe \Alritterl statement of approval shall be mailed to -11-

A


the

a;;t-:;.l.ic3Dt

certiEied

by

E:J2..pr (j'J a 1

:2 "

con~aining

writt20 statement

conditi., nal ap't=>ro\ial

\~ill

ret. u r:l1 r e c E~i p t

f i '-: : d rn ail, tlon

to t

TO\i路ln

Boa. r\~l

2

fin a 1

receipt

return

Modif i cations

with

a ~) pro v e t he

c () n d i ,_ i c;- n a 1.1, y

mail,

sit e

The

reques::2d.

Town

p 1 an.

30a rd

copy

A

of

the modifications required by

be mailed to the applic3.nt by After adequate

r e que s ted.

endc)r se

its

a pprova 1

on

a

copy

:~e

~~e

ce~~i-

demonst~a-

Town Board that all conditions have been met, shall

lla '/

0f

the

the site

shall immedi3tely file i t and a written statement of

plan a

A copy of the written statement

of app c\7'3.1 shall be [nailed to the applicant by certified mail,

:r e t

~J

r n r ec e l p t .J

~

r e que s t.2 d .

.Q_~sapproval ~-

deci.sJ_()n

or

the

Town

the Town Clerk and a ceI路~-if.led:na.il,

Upon disapproval Board

shall

of

the

immediately

si te plan be

filed

~~le

\.vit:l

copy thereof mailed to the applicant by

retur'l, receipt requested,

along with the To路w;l.

Boacd(s reasons for disapproval. ARTICLE VI Appeal of Town Board Decision

Sec a.ny

on 6t010 - Appeal Procedure.

decj.~3icrl

board or

the

of

bu~eau

frOWn

Board

or

Any person aggrieved by any

officer,

departrne:1t,

of the town, may apply to the Supreme Court

~or

a reView hy a proceeding under Article 78 of the Civil Practice Such

thlrty

(30)

oft. h e 'I' Ci V~ [1

days after (~ 1 e

rk

instituted

~Ni~:lin

the filing of a decision in the

of~ice

proceedings

~

-12-

shall

be


ARTICLE VII Miscellaneous Provisions

12<::

regulations

ny adl1i tioI1al

or by

the

nerec)f~.

i t,h -t: he

appro

rl,cL·CC~

Board and other

TOi,;,711

r u 1e s a

f f icial sand agenc ies, as

0

Further Regulations by Town Board.

The

:c e g u 1 a t. ion~, a s i t dee ms rea son a b 1 y n e c e s sa r y toe a r r \T

P o'iJisi.ons of this local law . 7.030 -

()11

.L

Section

r (J, In a ~l / aft era pub 1 i c h ear in g, ado p t sue h fur the r j

t'~!,?

to

pursuant

..

on 7c020 i3 (J (~1

adopted

The enforcement officer shall be responsible for

t ion

OUL.

enforcemel1:

An

inspection of site improvements including coordina-

0vP~311

~r 0 y./ n

Officer.

:jha,ll carry out the duties assigned oy this local la\y

offic

7 .. 020

Enforcement

7~,010

OIl

'Amendments .

Th,e TOV.lrl Board may on i ts

c

on re 1~)"~TnLH.0n.datj~cn of

the .

t

arnen d

°

tllS

Planning

local

on pe t i tion,

own motion,

Board,

after

public

law pursuant to all

or

notice

applicable

:ceqUJ.rc<nents of law .

All proposed amendments originating by petition, or by

2. :notio:1

0

the

Town

Boarc) :01: a

report

Board

S U.bnll

:3

ha.l.L

r e c e'.J 1. n r] :s u c h

.,

• +I-

130ard,

be

referred

recoffiruenda tion

its

report within thirty

o

re~uired

Failure

of

to

thereon .

a.. nd

ref e r r a 1 ..

report within the

shall

the

the

Planni:lg

The Plannin:: ( 30 )

days

Planning

aft2f

Board

to

time shall be deemed to constitute a

recQmmendation for approval of the proposed

-13-

amendme~t.


Sect on 7.040 C=LrCUJTl~; _ :1

this

e:s

of

prof,osed development

Plan Review Law and

S~~e

e(~llire:nent

aLee!' c

to in

Integration of Procedures.

wit~

require

Wheneve~

compliance

any other local law,

ordi~-

of the town, the Town Board shall attempt.

a\'J \vith the procedural and submission requirements ~~

Eor Su:1

S (: C~ t. i

0

er ccrnplicince .

Enforcemente

7 0.5 0

r.t

'!I

par t. n e r s 1"1 1. P ~

ass 0 cia t ion

0

person,

Any

r o t her

1 ega 1

corporation,

en tit Y

violat.e any of the provisions of this local law, :.C'l L:J 0

0

(I'Ji.-='1

rat2, as appropriate, site plan review as required by

this l(Jcal,

a It

t~c

sed b y a p e r mit pur sua nth ere to,

i~ 1:_:~"J ~~;

f

ll_-3~CS

( $ 2 5 0)

0

_<

Âą>~)r

offen,sr::::-

()~(

ne'glec

($250)

t 0

a

fin e

0

f

or each

s hall

or any condi--

s hall

beg u i 1 t Y

0

f

hun d r- -2 j

not m0 r e t han t 'w 0

or by penalty of two hundred fifty dol13t"s

be r e C over E~ (j b y the tow n ina c i v i 1 act ion

~;};2~~'S()n

such

sub j e c t

and

who

erltit~{

wee~':

shall

be

deemed

such violation,

guilty

of

a

disobedience,

Ei.}e ::"/

c

separate omission /

refusal sha.ll continue. 70:060

Sect.

Severability.

1 () calla ~!J a ~(e s eve r a 1:, .L e .

The

provisions

of

this

If any article, section, paragraph,

or prov sian of this local law shall be invalid, such invalidi

~t'l

S

n

~1

""':

Ll.

apply

provision(s) shall

c2~LC1a<=Ln

only

to

the

article,

adjudged invalid,

section,

paragraph,

and the rest of this

valid ancl effective.

-14-

or

local law


Town of Sherburne Site Plan Review Law