In general.
A. Applicability.
(1) Site plan review is required for:
(a) All commercial land uses;
(b) All uses requiring a special use permit or use variance;
(c) All multiple dwellings.
(d) All adult entertainment businesses.
(e) Museums.
(2) This article does not apply to uses and structures that are lawfully in existence as of the date this article becomes effective. Any use, which would otherwise be subject to this article, that has been discontinued for a period of two years or more shall be subject to site plan review before such use is resumed.
B. Conflicts with other laws. Where this article conflicts with any other federal, state, or local law, rule, or regulation, the more restrictive of them shall apply.
Procedure.
A. In all cases where site plan approval is required, the owner or his contract purchaser or lessee shall complete an application for site plan approval on the forms available therefor from the Code Enforcement Officer. No such application shall be complete unless it shall contain the following:
(1) A site plan prepared by an architect, landscape architect, engineer or land surveyor containing the information and data as required by this article and the Code Enforcement Officer.
(2) A completed environmental assessment form as required by 6 NYCRR 617 (SEQRA).
(3) All necessary application fees and deposits as required by the Code Enforcement Officer.
(4) Any other information as may be reasonably required by the Code Enforcement Officer.
B. Site plan requirements. The site plan map or maps shall contain the following information and elements unless waived by the Planning Board:
(1) A boundary survey certified by a licensed land surveyor in accordance with the code of practice as set forth by the New York State Association of Professional Land Surveyors which represents the deed of record as filed in Yates County or proposed boundary of property if property is to be subdivided.
(2) Names and addresses of the owner of the site (and the contract purchaser or lessee, if applicable) as well as all other owners within 200 feet of the site.
(3) The zoning classification of the site and all property within 200 feet.
(4) All existing easements and restrictions of record, including rights-of-way and the high-water mark.
(5) All existing and proposed utilities, both public and private, including potable water lines, sanitary sewer or septic system.
(6) All existing and proposed buildings or structures.
(7) All watercourses, marshes, wooded areas, wetlands (DEC or Corps of Engineers) floodplains (based on FEMA maps) or other significant natural or man-made features.
(8) Existing topography of the site and adjacent properties as revealed by contours or key elevations.
(9) Proposed grading.
(10) Proposed land use.
(11) All driveways, parking lots, curbing, loading spaces and driving lanes, including proposed on- and off-site circulation patterns.
(12) All proposed landscaping, plantings, screening devices and exterior lighting.
(13) All proposed signs.
(14) Existing and proposed fire hydrants and fire suppression connections on buildings.
(15) Detailed drainage plans showing on-site storage, floodways, and proposed easements, including siltation and erosion control plans.
(16) Construction sequence and timing of completion of all improvements.
(17) Architectural drawings and floor plans showing pedestrian and vehicular access.
(18) Type, size and location of all waste removal containers, compactors and outdoor mechanical equipment, including the screening of them.
(19) Such other information or details as may reasonably be required by the Code Enforcement Officer or the Planning Board.
C. Sketch plan conference (optional). A sketch plan conference is not required but may be held with the Planning Board and the applicant prior to the preparation and submission of a formal site plan. The intent of such a conference is to enable the applicant to present a proposal prior to the preparation of a detailed site plan, to ensure basic site design concept meets planning criteria, to advise the applicant of concerns, and to generally determine the information to be required in the site plan. In order to accomplish these objectives, the applicant is encouraged to provide the following at a site plan conference:
(1) Proof of property ownership or authorization of owner representation.
(2) Recent property survey.
(3) A statement and rough sketch showing the locations and dimensions of principal and accessory structures, parking areas, access signs (with descriptions), existing and proposed vegetation and other planned features; anticipated changes in the existing topography and natural features.
(4) An area map showing the parcel under consideration for site plan review and all properties, subdivisions, streets, rights-of-way, easements and other pertinent features.
(5) A topographic or contour map of adequate scale and detail to show site topography (degree of detail to be determined at the site plan conference).
(6) Erosion control plan.
D. Meeting scheduled. Upon receipt of a complete application, the Code Enforcement Officer shall cause said application to be placed on the next available Planning Board agenda for consideration by the Planning Board, and shall refer a copy of the application to the Yates County Planning Board if required by GML § 239-m, as well as the Town Engineer, the Branchport-Keuka Park Fire Department, the Town Highway Superintendent and such other persons or agencies as in his discretion seem advisable.
E. Decision by Planning Board. The Town Planning Board shall review such plan for completeness and suitability in accordance with the provisions of this article. Such review shall commence with the first meeting after receipt of a complete application, and a decision shall be rendered no later than 62 days from the first Planning Board meeting at which a complete application is received.
(1) Referral to Zoning Board. If the Planning Board determines that an area variance is required by the proposal, the matter shall be referred to the Town Zoning Board of Appeals and the sixty-two-day decision time shall be stayed during the time of such referral.
(2) Extension of time for decision. The time for decision set forth above may be extended by mutual consent of the Planning Board and the applicant.
F. Permissible action by Planning Board. The Planning Board, when rendering a decision on a proposed site plan, may approve, approve with modifications, or disapprove such proposal. In addition, the Planning Board shall have the authority to impose such conditions or restrictions as in the opinion of the Planning Board are both reasonable and directly related to the purposes of site plan review as set forth in
§ 160-103: Criteria for review of site plan.
G. Permissible action as to adult entertainment businesses. Notwithstanding Subsection F, previous, the Planning Board shall not have the power to disapprove the proposed site plan of an adult entertainment business.
Criteria for review of site plan.
The Planning Board shall review each application for site plan review in order to insure to the extent practicable that all elements of the site plan serve to promote the following goals and objectives:
A. Compatibility of the proposed use with neighboring uses.
B. Safe and appropriate movement of vehicles and pedestrians onto and off of the site.
C. Adequacy of the systems for general safety and the suppression of fires.
D. Suitability of landscaping, buffering, lighting, and, hours of operation.
E. Adequacy of drainage systems.
F. Suitability of signage.
G. Appropriateness of architectural design and treatment considering the neighboring structures.
