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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
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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"
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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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