SITE PLAN REVIEW LAW

TABLE OF CONTENTS

ARTICLE I - Introduc'l:ory Provisions

Section 1.010Section 1.020Section 1.030Section 1.040

Ena.ctmentShort TitleIntent and PurposeAuthorization of Town Board to ReviewSite Plans

liRTIC'LE II - .~pplic3t~Lon 3nd Defi.:1it1011s

Section 2.010Section 2.020Section 2.030

Section 2.040

S:?c::io~ 3. 02.0Section 3.020Sect.ion 3.030Section 3.040Section 3.050

Applicability of Review RequirementsEffect on Existing UsesRelationship of this Law to Other Laws

artd RegulationsDefinitions

P:..;-'=2=~::-2.s - ~:2:::2::~ll:r

SkE~tch PlanApplication RequirementsRe~Iuired FeeReimbursable Costs

ARTICLE IV - Review 8t:andards

Section 4.010Sec-tion 4. 020Section 4.030

General Standards and ConsiderationsSpecific Standards and ConsiderationsShoreline Standards and Considerations

ARTICLE \7 - Public HE~aring and Decision

Section 5.010Section 5.020

Put>lic Hear·ingTown Board Decision

ARTICLE VI - Appeal of Town Board Decision

Section 6.010 Appeal Procedure

ARTICLE \/II - Miscellarteous Provisions

Section 7.010Sec't ion 7. 020Section 7.030Section 7.040Section 7.050Section 7.060

Enforcement OfficerFurther Regulations by Town BoardAmE~ndments

Integration of ProceduresEnforcementSev"erabili ty

ARTICLE I

Introductory Provisions

Section 1. 010 - }~nactment. The Town Board 0 f Sherburne,

New York, does hereby ordain and enact the Town of Sherburne

Site Plan Review Law pursuant to the authority and provisions

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

of the TOW11 Law.

Section 1.020 Short Title. Thi s loeal 1 aw s hall be

krlown as the "8herburJ:le Site Plan Revie'N Law." The Town 0 f

Sherburne 1.s hereinafter referred to ,3.S the "town. II

Section 1.030 Intent and Purpose. Through site plan

review fit is the intent of this local law to promote t~e

health, safety and gE~neral welfare of the town. A clean,

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 rnaintenance and. continued development of the economy

of the town and the general welfare of its inhabitants.

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

optimurr~ overall COnSer\lation, 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 of 5i te plans. It is not the intent of

this local law to proh~bit per se any land use activity but to

allow ~ll land use activities which will meet the standards set

forth in this local law"

Section 1. 040 - 1~~uthorization of Town Board to Review

Site Plans. The Town Board is hereby authorized to review

and approve or disapprove site plans Eor land use within L~e

t own a s hereinafter di:~S igna ted pursuant to and inaceo rdance

with t~e 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 < Landscaping cr grading which is not intended to be

used lD connection wit~ a land use reviewable under the provi­

sions of this local law~

3 ~ ()rdinanry 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 icultu 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 ..

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.;n ') per son unc e r t a. i n 0 f the a p p 1 i cab i 1 i t Y 0 f t his 1 0 c a =­

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

TO\tJrl SOd rd. f or a wri t t.en j urisdict ional determination.

Sectioll 2.020 - :E;ffect on Existing Uses. This law does

DOC apply to uses and structures which are lawfully in existence

as of the date this local law becomes effection. Any use which

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, shall be subject to

r e \T i e ~yy pur suan t tot h e t e r mS 0 f t his 1 a w be for e sue h use i s

resurTlej~ f\ny use or structure shall be considered to be in

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 0 f t!1 is

local la\iv.~

Section 2.030 - Relationship of this Law to Other Laws and

Regulations~ This local law in no way affects the provisions

or requirements of an:{ other federal, state, or local la\'J or

r e 9" u 1 a t i 011 S OJ Wher e t ..h i s 1 0 callaw i sin con Eli c t withan y

other s~ch 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

toget~er as a single housekeeping unit ..

IILand Use Activit:y" means any construction or other

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

ture or the intensity of use of land or a structure. "Land Use

ActivityII' s hallexplic i. t ly include , but not be limited to , the

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follo\r!ing: new struct.lres, expansions to existing str"uc:~r~~sf

neTt! ~::)E.lS r changes in or expansions of existing uses, roads,

dri\7eways f and excava~:ions for the purpose of extractin3" soil

or miJteral deposits, or the deposit of fill material on any

existi~g land area.

nOne Family Dwelling" means a complete self-contained

residential unit for ?ermanent habitation by one family only,

and c~)ntaining aIle OI" more rooms and facilities for living

inc18ding cooking, sleeping, and sanitary needs.

":3rloreline u- mea:ns the high water mark of any lake, pond,

river, or permanent stLeam~

"S,tr11cture H- mea.ns any object constructed, installed, or

placed on land to facilitate land use and development or sub-

division of land, such as buildings, sheds, signs, tanks, and

any fixtures, additions, and alterations thereto~

if Structure, Accessory" - means any structure designed to

accommoda. te an accessory use but detached from the . • 1prlDclpaJ..

structure, such as, fr:~e standing garage for vehicles accessory

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

facility~

llirwo Family Dwelling" - means 'two complete, but separate,

self-con.tained resider.. tial units each intended for permanent

habica::i.on by one family only in a single structure having a

c aminan \'Qal1 roof f wall , or cei 1 i ng and containing S2?arate

roo In S 3 n d f a c i 1 i tie s :E 0 r 1 i vi nginc 1uding cooking , S1 e e 9 in g I

and sanitary needs.

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

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il1abOVt~ srlall carry its customary meaning unless the context.

other~lse dictates.

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 requ~;_red. Applicants for site plan approval should follow

the recorr~ended proce~ures related to the sketch plan conference

as herE:':Lna.fter set forth. Applicants must comply wi th all

other procedures and requirements of this local law.

all 3. 020 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 prepara­

tion 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 In order to

accomplish these objectives, the applicant shall 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 1

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

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tio~<1 anrj other planr:ed features; anticipated c~anges 2-D :~e

existi~g opography and natural features; and, where applicajle,

rn e a s ~1 t ~ ,~~ and f eat u res to comply wit h flood h a Z 3.rdand flood

insurance regulations.

An areas map showing the parcel under consideration for

site pl,.an review, and all properties, subdivisions, streets,

r igh t s ~ c f -, \·,ci ~{f easemen,ts, and othe r pert inen t f eatur e s wi th i n

200 feet of the boundaries of the parcel; and

3 .. [:, topographic~ or contour map of adequate scale and

detail to show site to?ography.

Section 3.030 - Application Requirements. An application

for 3 :L. t e. p 1an a pp r 0 \7 a 1 s hall be made in wr i ting tot ~ e

Supervisor of the Town of Sherburne and shall be accompanied by

info[ma(~~.()n con"tained on the following check list. Whe:- 2 t ~e

sketch ];>~LCln conferencE~ is held, the accompanying infor:nation

shall be drawn from the following checklist as determined

necessary by the Town Board at said sketch plan conference.,

Site Plan Checklist:

1 e Ti tle of draw=~ng, including name and address of appl i-

cant and pers on 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;

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Location, design, type of construction of all par~in~

arld truck loading areas, 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, clesign and construction materials of all

existing or proposed site improvements including

drains, culverts, retaining walls and fences;

lIe Description of the method of sewage disposal and loca-

tion, desi]n and construction materials of such

facilities;

1.2~ Description of the method of securing public water

aI1d locatio~~l, design and construction materials of

such facili-::ies.

13n Location of fire and other emergency zones, including

the location of fire hydrants;

14~ Location, design and construction 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 tative cover;

1 7 L0 cat ion an ,:1 des i g n 0 f 0 U t d 00 L 1 i 9 hting f a c i 1 i tie s ;

18" Identification of the location and amount of building

areapr0 p 0 S E: d for retail sal e S 0 r s i milarc 0 mmere i a 1

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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 ,... •uocal-lon, design and material used as land fill

rna terial i anrJ.

24., CJther elemerlts integral to the proposed developme-:lt

as may be considered necessary in the particular case

by the Planning Boardc

Sect~.L~)tl 30040 -Required Feee 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.

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Adequacy and arrangement of vehicular traffic access

ane} circulation, incl'Jding intersections, road widths,

~Javement sur.::aces, dividers, and traffic controls.

3~ Location, ar~angement, appearance and sufficiency of

o £ £ - s t r e e t par }<: i n 9 and loading .

4~ Adequacy and arrangement of pedestrian traffic access

and circulation, walkway structures, control of inter­

sections 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, shrubs f and

other landscaping constituting a visual and/or noi32

l)ur fer betwE~en the appl ican t f S 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 sidera t ion s .

Section 4~020 - Specific Standards and Considerations. The

follov-i n9 specific st5tndards shall apply in conjunction with

the subject: uses or iIi the designated areas &

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:Section 4.021 Shoreline Standards and Considerations.

, All construction on any shoreline lot shall be carried

out 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 t~e

waterway, to remove only that vegetation which is necessary to

the accoI'aplishment of the project, and to generally maintain

toe exist ng aesthetic and ecological character of the shoreline.

~. No on-site ~ewage tile field or seepage pit shall be

1 02 a. t ~~' (~; 'N i t hin 0 [1 e h L~nd red (1 0 0) fee t 0 fany s h 0 r elin e and n 0

septi:: OL~ 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 purup-out 0 r other connection top rovide for

the a c(JEn:m~)d.ation of sanitary wastes shall be connected to an

adequa~e sewage disposal system.

'-t~ }:in":{ rna.rin.a, boat service facility, or any storage of

petroleiJrn products vJi thin one hundred (100) feet or reasonanle

setback as determined necessary by the Town Board of the

shoreline shall include adequate provisions for insuring t~at

any lea.k~,p rtlpture or 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 m3.r~rler so as to afford adequate protection.

5" P.n.y pav'ed or otherwise improved parking, loading or

servic2 ar'ea within one hundred (100) feet of any shoreline

shall be d.esigned and constructed so as to minimize sur:3.ce

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the er.~tran·~e of any chemical pollutants or earthe:1

ARTICLE V

Public Hea~ing and Town Board Decision

Section. 5oe010 - P1J.blic Hearing. The Town Board may___ waa .......-.

conduct a public heari.ng on the site plan if considered desir-

able 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 - Town Board Decision. Wi thin thirty (30)

days of ~eceipt 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.;>provet h e sit e pIan . The time 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~· Upl)n approval 0 f' the site plan f and paymen t

by the a icar1t of all fees the Town Board shall endorse its

approva~l. Oft a ccpy of -:.he site plan and shall immediately file

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

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

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the a;;t-:;.l.ic3Dt by certiEied mail, return receipt reques::2d.

:2 " E:J2..pr (j'J a 1 with Modif i cations The Town 30a rd lla '/

c () nd i ,_ i c;- n a 1.1, y a ~)provethe fin a 1 sit e p 1an. A copy of :~e

writt20 statement con~aining the modifications required by ~~e

conditi., nal ap't=>ro\ial \~ill be mailed to the applic3.nt by ce~~i-

f i '-::: d rn ail, ret. u r:l1 r e c E~i p t r e que s ted. After adequate demonst~a-

tlon to t 2 Town Board that all conditions have been met, the

TO\i·ln Boa. r\~l shall endc)r se its a pprova 1 on a copy 0 f the site

plan a shall immedi3tely file it and a written statement of

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 r e que s t.2 d .

.J ~ .Q_~sapproval ~- Upon disapproval of the si te plan ~~le

deci.sJ_()n or the Town Board shall immediately be filed \.vit:l

the Town Clerk and a copy thereof mailed to the applicant by

ceI·~-if.led:na.il, retur'l, receipt requested, along with the To·w;l.

Boacd(s reasons for disapproval.

ARTICLE VI

Appeal of Town Board Decision

Sec on 6t010 - Appeal Procedure. Any person aggrieved by

a.ny decj.~3icrl of the frOWn Board or any officer, departrne:1t,

board or bu~eau of the town, may apply to the Supreme Court ~or

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

Such proceedings shall be instituted ~Ni~:lin

thlrty (30) days after the filing of a decision in the of~ice

oft. h e 'I' Ci V~ [1 (~ 1 e r k ~

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ARTICLE VII

Miscellaneous Provisions

12<:: OIl 7~,010 Enforcement Officer. An enforcemel1:

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

or by ny adl1i tioI1al regulations adopted pursuant to Section

7 .. 020 nerec)f~. The enforcement officer shall be responsible for

the 0vP~311 inspection of site improvements including coordina-

t ion i t,h -t: he TOi,;,711 Board and other 0 f f icialsand agenc ies, as

appro rl,cL·CC~ ..

on 7c020 - Further Regulations by Town Board. The

~r 0 y./ n i3 (J (~1 r (J, In a ~l / aftera pub 1 i c hear ing, ado p t sue h fur the r

r u 1e s a j :c e gu 1 a t. ion~, a sit deems rea sona b 1 y ne c e s sa r y toe a r r \T

OUL. t'~!,? P o'iJisi.ons of this local law ..

()11 7.030 - 'Amendments .

.L c Th,e TOV.lrl Board may on i ts own motion, on pe t i tion, or

on re 1~)"~TnLH.0n.datj~cn of the Planning Board, after public notice

d . °arnen t tllS local law pursuant to all applicable

:ceqUJ.rc<nents of law ..

2. All proposed amendments originating by petition, or by

:notio:1 0 the Town 130ard, shall be referred to the Planni:lg

Boarc) :01: a report a..nd recoffiruenda tion thereon .. The Plannin::

Board :3 ha.l.L ., • +- its report within thirty ( 30 ) days aft2fS U.bnll I-

r e c e'.J 1. n r] :s u c h ref e r o r a 1 .. Failure of the Planning Board to

report within the re~uired time shall be deemed to constitute a

recQmmendation for approval of the proposed amendme~t.

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Sect on 7.040 - Integration of Procedures. Wheneve~ t~c

C=LrCUJTl~; _ :1 e:s of prof,osed development require compliance (I'Ji.-='1

this S~~e Plan Review Law and wit~ any other local law, ordi~-

aLee!' c e(~llire:nent of the town, the Town Board shall attempt.

to in rat2, as appropriate, site plan review as required by

this l(Jcal, a\'J \vith the procedural and submission requirements

Eor Su:1 ~~ er ccrnplicince ..

S (: C~ t. i 0 r.t 7 '!I 0.5 0 Enforcemente Any person, corporation,

par t. n e r s 1"1 1. P ~ ass 0 cia t ion 0 rother 1 ega 1 entitY who s hall

violat.e any of the provisions of this local law, or any condi--

:.C'l L:J 0 sed byape r mit pur suanthere to, s hall begu i 1 t Y 0 f

a It 0 f i~ 1:_:~"J ~~; and sub j e c t t 0 a fin e 0 f not m0 rethan t 'w 0 hund r- -2 j

ll_-3~CS ($250) or by penalty of two hundred fifty dol13t"s

( $ 2 5 0) _< 0 be r e C over E~ (j b y the town ina c i v i 1 act ion c Ei.}e ::"/

such ~;};2~~'S()n or erltit~{ shall be deemed guilty of a separate

offen,sr::::- ±>~)r each wee~': such violation, disobedience, omission /

ne'glec ()~( refusal sha.ll continue.

Sect. 70:060 Severability. The provisions of this

1 ()calla ~!J a ~(e s eve r a 1:, .L e .. If any article, section, paragraph,

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

i ~t'l~1 ""':

S n Ll. apply only to the article, section, paragraph, or

provision(s) adjudged invalid, and the rest of this local law

shall c2~LC1a<=Ln valid ancl effective.

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