The purpose of this Section is to provide regulations governing the applicability,
submission requirements, and standards for review and design of uses required to obtain
Site Plan approval. The intent is to ensure that the development and use of land does not
have an adverse effect on adjacent lands or on the character of the community. Such
regulations are designed to protect the community from traffic congestion and conflicts,
noise, lighting, odor and other forms of pollution, inappropriate design, flooding, and
excessive soil erosion, to ensure that the proposed use will be in harmony with the
appropriate and orderly development of the district in which it is proposed, and that its
impacts can be mitigated by compliance with reasonable conditions. The regulations are
also designed to ensure that new development conforms with the Towns planning goals
and objectives, as expressed in its Comprehensive Plan.
In accordance with Section XXX, District Schedule of Use Regulations and Section XXX,
Sections A(1) through (8) herein, Site Plan review and approval is required prior to the
issuance of a building permit or Certificate of Occupancy, except for agricultural, forestry
and conservation uses permitted by right. The Code Enforcement Officer shall refer the
applicant to the Planning Board for Site Plan review and approval in accordance with
Section XXX-a of the Village/Town Law and the more specific design standards and review
procedures set forth in this Section. In addition to the uses identified on the District
Schedule of Use Regulations, as requiring Site Plan approval the following require Site
Plan review and approvals:
1. All Special Permit Uses cited in the District Schedule of Use Regulations and
accessory uses to Special Permit Uses, or as identified herein, shall be subject to Site
Plan review and approval.
2. With the exception of agriculture, forestry and conservation uses, Site Plan approval is
required for excavation and construction activities associated with permitted uses and
accessory uses thereto within areas of environmental sensitivity as identified herein:
a. For lands lying within the Village/Town of Insert Village/Town Here Flood Fringe
Overlay District or within flood hazard zone areas as defined by the Federal
Emergency Management Agency (FEMA);
b. For lands lying within an identified local, state, or federal historic district, or a site
containing an identified local, state, or federal historic building or historic structure,
or within sites that are contiguous or substantially contiguous with such historic
resources;
c. For lands lying within a State designated Scenic Area of Statewide Significance, the
Mid-Hudson Historic Shorelands Scenic District, or a scenic viewshed or scenic road
corridor as officially designated by the Village/Town of Insert Village/Town Here
and/or a County, State or Federal agency;
d. For lands designated for future trails and lying within the Village/Town of Insert Village/Town Here Zoning District, lands designated for parks or trails on the
Official Village/Town Map or in the Village/Town of Insert Village/Town Here
Comprehensive Plan; and
e. For lands lying within 1,000 feet of the mean high water mark of the Hudson River.
3. A new principal or accessory building for which a building permit and Site Plan
approval is required by the Village/Town of Insert Village/Town Here.
4. When expansion of an existing principal or accessory building occurs for which a
building permit and Site Plan approval is required by the Village/Town of Insert
Village/Town Here. A master plan for all uses is required for multiple uses if any one
requires Site Plan approval.
5. For uses that require Site Plan approval, a change of use will occur when there is a
change of ownership or a change of tenant, of an existing principal or accessory
building, which increases traffic or requires a greater number of off-street parking spaces
under Section XXX of this Zoning Law.
6. For uses that require Site Plan approval, a change of the intensity of use, a change of
ownership or a change of tenant, a change in the amount of floor area devoted to an
existing use, or the addition of a new business use or activity (e.g. creating a greater
number of dwelling units, increasing the amount of retail space or other floor area
available to customers, or additional seating in a restaurant or place of public assembly)
or increased demands on water supply, sanitary sewage disposal, stormwater
management, and zoning compliance.
7. A change will occur in the extent of the site devoted to off-street parking, service or
loading areas, outdoor storage (both wholly and partially-enclosed), and similar features.
8. Site modifications will be undertaken to comply with the requirements of the Dutchess
County Health Department, New York State Department of Transportation, the New
York State Department of Environmental Conservation, or any other agency or
jurisdiction.
9. Alterations will occur in principal site elements, including but not limited to the
location, number and configuration of parking spaces; the location and configuration of
access and egress points; the location, height, type and intensity of outdoor lighting; the
location and treatment of site landscaping, including the extent of the site devoted to
lawns and open space and the location, type and extent of landscape plant materials; the
location, number and area and design of any freestanding signs; and the location and
height of fences, walls and similar improvements.
10. Initial use of buildings and/or open lands for an occupancy requiring Site Plan review
and approval will be established in accordance with Section XXX of this Local Law .
B. Sketch Plan Conference. A sketch plan conference between the Planning Board and the
applicant shall be held to initially review the basic site design concept and generally
determine the extent of Site Plan review necessary for the intended project and the
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2 information to be required on the Site Plan and in accompanying reports. At the sketch
plan conference, the applicant shall provide a written statement and/or rough sketch
describing what is proposed, including an indication of all existing structures and uses, if
any, on the site. The Planning Board shall additionally employ the Sketch Plan Conference
as an opportunity to discuss with the applicant the Site Plan Design Criteria set forth in
Section XXX, the complementary Design Standards adopted by the Village/Town Board
and considered an integral part of this Local Law, and the extent of the SEQR review
process for the application.
C. Application for Site Plan Approval. Within three (3) calendar months of the sketch plan
conference, a complete application for Site Plan approval shall be made in writing to the
Planning Board, and shall be accompanied by not less than eight (8) prints of the proposed
Site Plan (or as many additional prints as may be required for circulation purposes under
SEQR) and one electronic file of the proposed Site Plan, in a form usable by the Village/
Town Engineer and Village/Town Planner and for posting on Insert Village/Town Heres
Internet Web Site. Such plans shall be submitted at least 21 days prior to a scheduled
regular meeting of the Planning Board and shall include information drawn from the
following checklist of items, as determined necessary by the Planning Board at the time of
the sketch plan conference, and which is provided on a drawing certified by a licensed civil
engineer, registered landscape architect, registered architect or other licensed design
professionals, as may be necessary to comply with the professional licensing regulations
administered by the New York State Education Department:
1. A Site Plan showing the following information:
a. Title of drawing, including name and address of applicant and person(s)
responsible for preparation of such drawing;
b. North arrow, scale and date;
c. An area map keyed to the real property tax maps, showing the parcel
under consideration for Site Plan review, and all properties, subdivisions,
streets, power lines, and easements within five hundred (500) feet of the
boundaries thereof;
d. Accurate boundaries of the property plotted to scale, including reference
to specific data sources;
e. Location and boundaries of all existing natural land and water features
on the property including: rock outcrops; isolated trees eight (8) inches
or more in diameter at breast height (dbh) and all trees over eighteen (18)
inches in dbh (whether isolated or in a forested area); existing vegetative
and forest cover, orchards, hedgerows and other ornamental landscaping;
stone walls; soil types and boundaries; active farmlands and prime
agricultural soils; visually prominent agricultural landscape features such
as fields, pastures, and meadows on knolls and hilltops; woodlands along
roadways and property lines; scenic vistas; steep slopes in excess of 15
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3 percent illustrated by shading; and water features. Water features
include ponds, lakes, perennial and intermittent streams, wetlands and
watercourses, aquifers, aquifer recharge areas, floodplains; and swales,
retention/detention areas, and other stormwater management practices.
Locally significant trees include, but are not limited to, rare or unusual
species, trees associated with historic events or persons, or trees that
contribute to an identified scenic vi