2015 Planning and Zoning School Town of Hyde Park July 15, Site Plan Review and Special Use Permits

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1 2015 Planning and Zoning School Town of Hyde Park July 15, 2015 Site Plan Review and Special Use Permits Matthew G. Rogers, AICP New York Planning Federation

2 Introduction Site Plan and Special Use Permits are the primary discretionary regulatory tools used by communities in New York. Towns, Villages and Cities are authorized by State statute to utilize these review techniques (Town, Village and City Law). Both can either be a part of a zoning ordinance or local law or as a separate ordinance or local law. Site Plan and Special Use Permits 2

3 Site Plan vs. Special Use Site Plan: According to the statues, planning boards or other administrative bodies shall have the power to review and approve, approve with modifications or disapprove site plans prepared to specifications set forth in the zoning ordinance or local law and/or in regulations of such authorized board. Authorized by state statute: Town Law 274-a; Village Law a; and General City Law 27-a. Site Plan and Special Use Permits 3

4 Site Plan vs. Special Use Site Plan: The purpose of site plan approval is not to address whether the use itself is to be allowed at a particular location that would already have been determined by the zoning district regulations. Intended to ensure that development of individual parcels of land do not have adverse impacts on adjacent properties or the surrounding neighborhood; and To make sure a parcel s development fits properly into the community and conforms to its planning objectives. Does the project fit on the site? Site Plan and Special Use Permits 4

5 Site Plan vs. Special Use Special Use Permit: Statutes say that a special use permit is an authorization of a particular land use which is permitted in a zoning ordinance or local law, subject to the requirements imposed by such zoning ordinance or local law to assure that the proposed use is in harmony with such zoning ordinance or local law and will not adversely affect the neighborhood if such conditions are met. General City Law, 27-b; Town Law, 274-b; Village Law b. Site Plan and Special Use Permits 5

6 Site Plan vs. Special Use Special Use Permit: A regulatory tool that allows for a diversity of uses in zoning districts. Land uses allowed with a special use permit are: Considered appropriate in a particular neighborhood or zoning district. Allowed in fact by the zoning ordinance or local law, But, still may cause problems in the particular area. Focuses more on potential impacts to surrounding uses and neighborhoods than on the how the project fits on the parcel. Site Plan and Special Use Permits 6

7 Who Has Site Plan and Special Use the Authority? Planning Boards Zoning Board of Appeals Governing Body: Town, Village, City Board of Trustees/Councils Site Plan and Special Use Permits 7

8 Which tool should be used to review projects? Determined by the legislative body Community-specific decision process which should be guided by the Comprehensive Plan. Planning! Zoning Map Site Plan and Special Use Permits 8

9 The Application Review Process Should offer a pre-application meeting With full board or with the Chair, Code Enforcement Officer, and other relevant people (attorney, planner, legislative board member, etc.) Be aware of open meeting requirements Site Plan and Special Use Permits 9

10 The Application Review Process Initial review of the Application Code Enforcement Officer/Zoning Enforcement Officer They act as the gatekeeper. Should review all applications to determine: Is the project subject to local jurisdiction (Site Plan, Special Use, Variance, Subdivision, other)? Is the application lacking major information? Would a pre-application meeting be beneficial to the process? Site Plan and Special Use Permits 10

11 The Application Review Process Initial review of the Application Planning Board members should review each application before the meeting It is the Planning Boards responsibility to determine if the application is complete Site Plan and Special Use Permits 11

12 Application Requirements o Site Plan Application form North arrow, scale, date Boundaries of the property plotted to scale Existing watercourses Existing buildings Location, design type of construction proposed The use or uses Grading and drainage plan, showing existing and proposed contours Location, design, type of construction of all parking and truck loading areas, showing access and egress Type and volume of traffic expected to be generated Provisions for pedestrian access, sidewalks, bike paths Location of outdoor storage, if any Site and infrastructure improvements Water and sewer Fire/EMS Signage Landscaping and buffers Lighting Estimated construction schedule Other permits required Short- or long-form EAF Other elements integral to the proposed development as may be considered necessary in the particular case by the Planning Board Site Plan and Special Use Permits 12

13 The Site Plan A site plan is defined by state law as a rendering, drawing or sketch prepared to specifications and containing necessary elements, as set forth in the applicable zoning ordinance or local law, showing the arrangement, layout and design of the proposed use or a single parcel of land. Site Plan and Special Use Permits 13

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15 Application Requirements Special Use Permit Application form A plan of the proposed uses and structures, Project narrative describing, in detail, the proposed use and operation of how such proposed use furthers or is consistent with the policies of the Comprehensive Plan Short- or long-form EAF Site Plan Application Can be run concurrently or waived. Site Plan and Special Use Permits 15

16 Determining if the Application is Complete Determining if the Application is complete Use a checklist to confirm what has and has not been provided Base the checklist off your application requirements Site Plan and Special Use Permits 16

17 Determining if the Application is Complete Determine if the Application is complete or substantially complete Use a checklist Not every item must be provided The Applicant should be allowed to provide certain items prior to a final decision provided they do not impact approvability Make sure your regulations provide the Planning Board with the opportunity to waive one or more application requirements when appropriate. Keep track of what has been waived and why. Do you have enough information to make an informed decision on the project? Site Plan and Special Use Permits 17

18 Determining if the Application is Complete If key information is missing, table the Application Requests for additional information should be put in writing to the Applicant not required in every instance Time limits should not begin until the Application is deemed complete Once the Application is considered complete, the public hearing (if required) should be scheduled Site Plan and Special Use Permits 18

19 The Application Review Process What if an area variance is required? Site Plan and SUP laws should provide opportunities for the Applicant to undergo area variance reviews concurrently when practical No need for a decision or determination from the CEO If there are legal and reasonable techniques to streamline the process use them Site Plan and Special Use Permits 19

20 The Application Review Process Do not forget to coordinate with agencies General Municipal Law 239-m County and Regional Planning referral Involved state agencies as necessary Your municipal departments and protective services DPW (water, sewer, roads) Fire EMS Police School Others Site Plan and Special Use Permits 20

21 The Application Review Process Conducting the Meeting Board meetings should not be interrogations use the time to assist the Applicant to improve the application and the overall project Do not move quickly from one topic to the next Chair should use a project review checklist to guide the Q&A process Site Plan and Special Use Permits 21

22 The Application Review Process Conducting the Meeting All Board members should use a review checklist Do not rely on the Chair Each Board member is responsible for coming to their own conclusions Each Board member should understand the issues and be able to explain their decision Site Plan and Special Use Permits 22

23 The Application Review Process Conducting the Meeting Be respectful Avoid getting into arguments Take the time to identify issues/problems Set the tone of what is acceptable and not acceptable at your meetings Site Plan and Special Use Permits 23

24 Public Hearings Site Plan Not Required Your law should give the Planning Board the authority to require a hearing if the project may be of interest to the general public and surrounding landowners Special Use Required Site Plan and Special Use Permits 24

25 When to address SEQRA Application should be deemed complete (based upon application requirements) SEQRA requires the Lead Agency to make a determination of significance within 20 days after receiving a complete application Use you attorney for complicated projects My preference is after a public hearing If an EIS is required, all time clocks stop Site Plan and Special Use Permits 25

26 Determining Approvability Site Plan Site Plan involves the review of any number of specified elements related to the development of a parcel of property. Elements must be set forth in the local law/ordinance. Those defined by State Statute: Parking Means of access Screening Signs Landscaping Architectural features Local and dimensions of buildings Adjacent uses and physical features meant to protect them Any additional element specified by the governing board in the zoning ordinance or local law Site Plan and Special Use Permits 26

27 Determining Approvability Site Plan If your law does not include a review element, the board is not able to consider it, base a condition on it or deny the project Additional Elements: Compliance with the Comprehensive Plan Adequacy of open space Traffic implications Adequacy of fire lanes and other emergency zones and the provision for fire hydrants EMS Water and sewer Site Plan and Special Use Permits 27

28 Determining Approvability Site Plan Your law should be very clear with respect to the review elements Instead of just listing traffic, expand this element: Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers and traffic controls Allow for waivers of one or more review elements. Could be waived by vote Document why an element was waived Site Plan and Special Use Permits 28

29 Determining Approvability Site Plan Consider additional review criteria/standards Specific criteria/standards create predictability for the Applicant and makes the Planning Board s job a little easier Provides a clear objective process. Site Plan and Special Use Permits 29

30 Determining Approvability Site Plan Parking, Circulation and Loading (Example) Where feasible and appropriate, vehicular and pedestrian connections between adjacent sites shall be provided to encourage pedestrian use and to minimize traffic entering existing roads. The construction of service roads and new public streets to connect adjoining properties shall be required by the Planning Board, where appropriate and feasible. Site Plan and Special Use Permits 30

31 Determining Approvability Site Plan Layout and Design (Example) All structures in the plan shall be integrated with each other and with adjacent structures, shall have convenient pedestrian and vehicular access to and from adjacent properties, and shall, wherever possible, be laid out in a pattern consistent with the traditional forms found in the Town of. Individual structures on the site should be compatible with each other and with traditional structures in the surrounding area in architecture, design, massing, materials, and placement. Site Plan and Special Use Permits 31

32 Determining Approvability Special Use Permit The law must contain reasonably clear standards to guide the planning board in determining whether to grant the permit If these standards are complied with by the applicant, the permit must be issued The selection of the criteria should be based upon a planning process that identifies the likely impacts from the uses being allowed by SUP and what level of criteria is best, to guide the applicant Site Plan and Special Use Permits 32

33 Determining Approvability Special Use Permit The criteria or standards must guide the discretion of the reviewing board in the issuance of SUP, but those criteria or standards need not be detailed. Example General Criteria For all proposed Special Uses: Harmony with Comprehensive Plan Compatibility with surrounding neighborhood Access, circulation and parking Infrastructure and services Environment and natural features Long-term effects Site Plan and Special Use Permits 33

34 Determining Approvability Special Use Permit General Criteria: Compatibility The proposed use shall be compatible with the character of the neighborhood, the area, the zoning district and the community surrounding the location of the proposed use and will not unduly prohibit or discourage future planned growth in the area. Site Plan and Special Use Permits 34

35 Determining Approvability Special Use Permit Specific Standards Communities can develop specific standards for some or all of the special uses These should be designed, thought out and drafted with great care The Planning process is the means to anticipate the likely impacts of particular special uses and design appropriate review criteria so they may be handled properly This is an ongoing process that does not stop after the ordinance or local law is enacted Site Plan and Special Use Permits 35

36 Determining Approvability Special Use Permit Nightclubs (1) Nightclubs may not offer more than 30% of their allowable seating to be outdoors. (2) Screening of outdoor seating, dancing, and band areas is required along public rights-of-way. Golf driving ranges. (1) Golf driving ranges shall be located on parcels of at least five acres. (2) Light poles, if used, shall not be taller than 40 feet. (3) Adequate safety netting/protection must be used within 500 feet of adjoining residential uses. (4) Golf driving ranges shall provide a management plan for pesticides, herbicides, and fertilizers. Such plans shall include application, usage, storage, and surface water and groundwater quality protection details. (5) Any Planning Board approval may require annual surface water and groundwater quality testing. Site Plan and Special Use Permits 36

37 Making a Decision Site Plan The board has the authority to impose such reasonable conditions and restrictions as are directly related to an incidental to a proposed site. Site plan approval decisions should be understandable, specific, and detailed enough so that the applicant knows what is necessary for compliance and can be easily enforced. Site Plan and Special Use Permits 37

38 Making a Decision Special Use Permit If the applicant meets the criteria and standards for the issuance of a special permit, it must be granted, and vice versa. Carefully take evidence on the question of whether the applicant meets the standards and criteria, evaluate the evidence, both pro and con, and make a decision, carefully setting forth in writing the reasons for that decision. Site Plan and Special Use Permits 38

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42 Thank You Site Plan and Special Use Permits 42