Authority.
A. The Town of Parma Planning Board is hereby empowered to grant site plan approval in accordance with the provisions of § 274-a of the New York State Town Law. Those identified site development permit applications, or special permitted use permits requiring site plan approval as a prerequisite, shall be regulated as set forth in this section. The application procedures for required permits are contained in
Article IV: Zoning Board of Appeals and Planning Board; Administration and Enforcement of this chapter.
B. Approval requirements.
(1) To determine whether site plan approval shall be required by the Town Planning Board, refer to the specific zoning district and/or overlay zoning sections of this chapter. Generally speaking, site plan approval is required for site developments of permitted uses occurring within the following districts:
HD High Density Residential
NC Neighborhood Commercial
WF Waterfront Residential
HC Highway Commercial
TH Townhouse Residential
GC General Commercial
RB Restricted Business
LI Light Industrial
(2) Generally speaking, site plan approval is required for site developments of special permitted uses occurring within the following districts:
AC Agricultural Conservation
RB Restricted Business
RR Rural Residential
NC Neighborhood Commercial
MD Medium Density Residential
HC Highway Commercial
HD High Density Residential
GC General Commercial
WF Waterfront Residential
LI Light Industrial
C. In conducting its review of any site plan application, the Town Planning Board shall require compliance with the standards, regulations and development criteria of this chapter.
D. Where it is deemed appropriate, the Town Planning Board may waive any of the administrative requirements of this article based on its findings as set forth in the public record on said application.
Applicability.
A. Site plan approval shall be required as a prerequisite prior to the issuance of a building permit for proposed actions which meet one or more of the thresholds defined in this section. The Code Enforcement Officer (CEO) shall notify applicants for a building permit if site plan approval is required.
B. The thresholds which determine the need for site plan approval are as follows:
(1) Any new principal permitted use.
(2) Any new special permitted use.
(3) The legal conversion of the use of an existing structure from one type of use to another.
(4) An addition to a legally existing use or the legal conversion of the use of an existing structure which would require five or more new parking spaces.
(5) Any modification to a commercial or industrial use.
C. The CEO shall determine if an applicant meets one or more of the thresholds listed above. If the applicant does not meet any of the thresholds, the CEO shall issue a building permit and/or certificate of zoning compliance, provided that the proposed action is consistent with the applicable regulations of this chapter.
D. If the CEO determines that site plan approval by the Planning Board is required, the CEO will advise the applicant as to applicable procedures and requirements.
Application for site plan approval.
A. An application for site plan approval shall initially be made in writing to the CEO and shall contain the following information:
(1) Nature of proposed development.
(2) Section of this chapter specifying the need for site plan approval.
(3) Location of proposed development.
(4) Description of property involved, including tax account number.
(5) A complete and signed environmental assessment form (Part 1).
(6) Request to appear before Town Planning Board at a regularly scheduled meeting.
B. Upon review of said application letter, the CEO shall prepare a written response to the applicant containing the following information:
(1) Date of Planning Board meeting at which the application for site plan approval will be discussed.
(2) A preliminary indication under SEQR as to include the type of action involved and appropriate SEQR forms to be completed by the applicant or agent.
(3) A tentative time schedule for conceptual, preliminary and final site plan approval.
(4) Any other information the CEO deems appropriate, including identification of the applicant's interest in the proposal, any fees and criteria for site plan preparation.
(5) In the event that a preliminary site plan identifies the potential need for dimensional variances, the applicant shall first be denied preliminary site plan approval by the Planning Board, before appealing the need for such variance(s) to the Zoning Board of Appeals. Where the Planning Board has denied such site plan on these grounds, the Planning Board shall convey its opinion to the Zoning Board of Appeals on the requested variances. Once variances have been granted, the applicant may proceed for final site plan approval. If the variances are denied, the applicant shall submit a revised site plan complying with the dimensional requirements of the zoning district.
C. The Planning Board shall, for each preliminary site plan application, determine whether a public hearing would serve a community benefit according to such a determination by the Planning Board.
Application for concept site plan review.
A. Upon receipt of said CEO's report, the applicant may prepare a concept site plan for review by the Planning Board, which contains the following information:
(1) Title of drawing.
(2) An area map showing the parcel under consideration for site plan review, a plan drawn to scale based on the entire parcel, and all properties, subdivisions, streets and easements within 500 feet of the boundaries thereof.
(3) Internal street pattern, if any, of the proposed development.
(4) Location of all existing structures and vegetation on the site and the future use of the same.
(5) Existing zoning classification(s) of the property and all properties within 500 feet, and any restrictions on land use of the site.
(6) Existing natural features on the site and the future use of the same.
(7) Contour intervals at five-foot intervals, unless the Planning Board specifies otherwise.
(8) Name of owner(s) of the parcel and owners of adjacent properties.
B. The Planning Board shall consider all concept site plans at a regularly scheduled meeting and may, at this stage, suggest changes in the plan involving the street layout, traffic patterns, lot size or shape, preservation of natural features or other matters and suggest redesign to comply with zoning requirements or to reduce the need for variances which, in the Board's opinion, would improve the layout in keeping with the best interests of the Town.
C. The Planning Board shall provide the applicant with comments on the concept site plan within 60 days of the meeting at which time the concept plan was initially presented.
D. The Planning Board shall inform the applicant of the State Environmental Quality Review (SEQR) procedural requirements that must be resolved prior to any action on a preliminary site plan application.
Application for preliminary site plan approval.
A. Application for preliminary site plan approval shall be made in writing to the CEO and shall be accompanied by information drawn from the following checklist, as determined necessary by the Planning Board at the concept plan review:
(1) Preliminary site plan checklist (prepared by New York State registered architect, engineer or surveyor).
(a) Title of drawing, including name and address of applicant and person responsible for preparation of such drawing.
(b) North arrow, scale (i.e., one inch equals 50 feet) and date.
(c) Boundaries of the property plotted to scale.
(d) Existing watercourses.
(e) Grading and drainage plan, showing existing and proposed contours.
(f) Location, proposed use and height of all buildings.
(g) Location, design and construction materials of all parking and truck loading areas, showing access and egress.
(h) Provision for pedestrian access.
(i) Location of outdoor storage, if any.
(j) Location, design and construction materials of all existing or proposed site improvements, including drains, culverts, retaining walls and fences.
(k) Description of the method of sewage disposal and location, design and construction materials of such facilities.
(l) Description of the method of securing public water, and location, design and construction materials of such facilities.
(m) Location of fire and other emergency zones, including the location of fire hydrants.
(n) Location, design and construction materials of all energy distribution facilities, including electrical, oil, gas and solar energy.
(o) Location, size, design and construction materials of all proposed signs.
(p) Location and proposed development of all buffer areas, including existing vegetative cover.
(q) Location and design of outdoor lighting facilities.
(r) Designation of the amount of building area proposed for retail sales or similar commercial activity.
(s) General landscaping plan and planting schedule.
(t) Other elements integral to the proposed development as considered necessary by the Planning Board, including identification of any state or county permits required for the project's execution, and SEQR documents.
(u) A map or tracing overlay showing all soil areas and their classifications and those areas, if any, with moderate to high susceptibility to flooding and moderate to high susceptibility to erosion. The overlay shall also include an outline and description of existing vegetation for areas with potential erosion problems.
(v) A map indicating the location of any EPOD's within 500 feet of the boundary of the property.
(w) A map detailing the proposed stormwater drainage system.
(x) Appropriate fees shall be submitted with the application.
Planning Board considerations for preliminary site plan approval.
A. The Planning Board's review and approval of a preliminary site plan shall include, as appropriate, but is not limited to, the following:
(1) Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers and traffic controls.
(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, 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 retention of existing vegetation.
(8) In the case of an apartment complex or 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 other objectionable features.
(10) Adequacy of fire lanes and other emergency zones and the provision of fire hydrants.
(11) Special attention to the adequacy of structures, roadways and landscaping in areas with susceptibility to ponding, flooding and/or erosion.
B. In its review, the Planning Board may consult with the Town Engineer, the fire chief of any fire department serving the site involved, Monroe County Department of Planning and Development and other Town and county officials, as well as with representatives of federal and state agencies.
C. The Planning Board may require that the exterior design of all structures shall be prepared by, or under the direction of, a registered architect, whose seal shall be affixed to the plans, and to submit landscape plans prepared by, or under the direction of, a registered landscape architect, together with an estimate of the cost of installing same.
D. Public hearing.
If the Planning Board determines that a public hearing on a preliminary site plan is in the public's best interests, said public hearing shall be conducted within 62 days of the receipt of the complete application for preliminary site plan approval and shall be advertised in the official newspaper of the Town at least 10 days before the public hearing. The Planning Board, by resolution, can waive the need to conduct a public hearing on final plans if changes are not substantial. All landowners within a five-hundred-foot radius of the proposed project shall be notified by the CEO by mail at least 10 days before the public hearing.
Planning Board action on preliminary site plan.
A. Within 62 days of the Planning Board's determination of a complete application for preliminary site plan approval, or, if a public hearing is held, within 62 days of the adjournment of the hearing, the Planning Board shall act on the request. If no decision is made within said timeframe, the preliminary site plan shall be considered approved and the applicant so notified. The Planning Board's action shall be in the form of a written statement to the applicant stating whether or not the preliminary site plan is approved, disapproved, approved with modifications or approved by default.
B. The Planning Board's statement may include recommendations or modifications to be incorporated in the final site plan, and conformance with said modifications shall be considered a condition of approval. If the preliminary site plan is disapproved, the Planning Board's statement shall contain the reasons for such a finding. In such a case, the Planning Board may recommend further study of the site plan and resubmission to the Planning Board after it has been revised or redesigned.
C. If the preliminary site plan identifies the need for dimensional variances, the Planning Board shall notify the Zoning Board of Appeals and the applicant of the variance(s) the Board believes would be appropriate based on its review of the preliminary site plan. The Planning Board report shall be considered by the Zoning Board of Appeals in its deliberation on any variance request(s).
D. No modifications of existing stream channels, filling of lands, grading or removal of vegetation in areas with a moderate to high susceptibility to erosion, or excavation for construction of site improvements, shall begin until the developer has received final site plan approval. Failure to comply shall be construed as a violation of this chapter. Where necessary, final site plan approval may require the modification, restoration or removal of unapproved site changes.
Application for final detailed site plan approval.
A. After receiving approval from the Planning Board on a preliminary site plan, the applicant may prepare the final detailed site plan and submit it to the Planning Board for approval. If more than six months has elapsed between the time of the Planning Board's report on the preliminary site plan, and if the Planning Board finds that conditions have changed significantly in the interim, the Planning Board may require a resubmission of the preliminary site plan for further review and possible revision prior to accepting the proposed final site plan for review.
B. The final detailed site plan shall conform substantially to the preliminary site plan that has received preliminary site approval. It should incorporate any revisions or other features that may have been recommended by the Planning Board during the preliminary review. All such compliances shall be clearly indicated by the applicant on the appropriate submission.
C. The following additional information shall accompany an application for final site plan approval:
(1) Detailed sizing and final material specification of all required improvements.
(2) An estimated project construction schedule.
(3) A detailed plan identifying all lands, easements and rights-of-way which shall be commonly owned with the identification of the association responsible for said ownership, the method of managing commonly owned properties and requiring that the officers of said association shall be identified to the CEO in writing on an annual basis.
(4) Information specifying the materials to be used and information as to the character of the exterior design.
Action on detailed final site plan application.
A. Within 62 days of the receipt of a complete application for final site plan approval, the Planning Board shall render a decision to the applicant and the CEO.
B. Upon approval by all involved agencies of an application for site plan approval, the Planning Board shall direct the Planning Board Chairman to endorse its approval on the original Mylar and one copy of the final site plan. Once signed, the Planning Board shall forward the Mylar and site plan to the CEO. The CEO shall issue a zoning permit to the applicant if the project conforms with all other applicable requirements and permits.
C. Upon disapproving an application, the Planning Board shall so inform the CEO and the applicant. The Code Enforcement Officer shall deny a zoning permit to the applicant. The Planning Board shall also notify the applicant in writing of its decision and its reasons for disapproval. A copy of the appropriate minutes may suffice for this notice.
Supplemental regulations pertaining to site plan approval.
A. Expiration of site plan approval.
Such site plan approval shall automatically terminate two years after the same is granted unless significant work has been undertaken on the project. However, the Planning Board may authorize one or more extensions for additional two-year periods.
B. Reimbursable costs.
Costs incurred by the Town for consultation fees or other extraordinary expenses associated with the review of a proposed site plan shall be charged to the applicant in accordance with the fee schedule established by the Town Board.
C. Performance guarantee.
No building permit shall be issued until all improvements shown on the site plan are installed or a sufficient performance guarantee, approved by the Town Board, has been posted for improvements. The sufficiency of such performance guarantee shall be determined by the Town Board after consultation with the CEO, Town Engineer, Planning Board and Town Attorney.
D. Inspection of improvements and development.
The CEO shall be responsible for the overall inspection of site improvements, including coordination with Town officials and agencies, as appropriate. No certificate of occupancy shall be granted prior to a final inspection and determination of conformity to the site plan and the New York State Uniform Fire Prevention and Building Code.
E. Integration of site plan approval procedure with other Planning Board approvals.
Whenever the particular circumstances of a proposed development require compliance with either the special permitted use permit procedure or the requirements of the Town of Parma Development Regulations, the Planning Board shall attempt to integrate, as appropriate, site plan review as required by this section with the procedural and submission requirements for such other compliances. In any case, all state permits and local land use control approvals shall be procured prior to the issuance of a building permit for a development project.
F. Conflicts.
If any conflicts exist between this site development plan review procedure and other land use controls of the Town, this section shall apply.
