Preview
FILED:City DUTCHESS
of Poughkeepsie, NY
COUNTY CLERK
Ecode360 04/21/2021 01:02 PM INDEX
Page NO.
1 of 2020-53125
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NYSCEF DOC. NO. 119 RECEIVED NYSCEF: 04/21/2021
Cityof Poughkeepsie, NY
Tuesday, April13, 2021
Chapter 19.
Zoning and Land Use Regulations
Article VI. Site Plan and Special Permits
Section 19-6.1. Site development plan approval.
[Ord. of 7-5-1983, § 1, 2; Ord. of 9-18-1983, § 1; Ord. of 6-3-1985, § 1; Ord. of 12-15-1986,
§ 2; Ords. (two) of 7-20-1987, § 1; Ord. of 10-19-1987, § 1; Ord. of 7-5-1988, § 1; Ord. of
8-21-1995, § 1; Ord. of 8-14-2000, § 1]
In alldistricts, site development plan (referred to hereinafter as site plan) approval by the
Planning Board shall be required for:
The erection or enlargement of allbuildings in alldistricts other than two- or three-
(a) one,
family residences, except as part of a subdivision and except as provided hereinafter or
uses accessory thereto.
AII uses of vacant land other than uses to two- or three-
(b) customarily accessary one,
family houses.
(c) Any change in use or intensity of use which willaffect the characteristics of the site in
terms of parking, loading, access, drainage or utilities.
(d) Any plan to alter or improve a building facade in any area desigiiated by the Common
Council as a landmark or a special historical, architectural or design improvement
district.
(e) Any application for a special use permit and any use or structure in a flood hazard area.
Any amendment of a previously approved plan shall also require approval of the
amendment by the Planning Board. No building permit may be issued for any building
within the purview of this section untilthe original or amêñded site plan is approved by
the Plaññing Board. No certificate of occupancy may be issued for any building or use
of land within the purview of this section unless the Planning Board or its designee
certifies that allapplicable conditions of the approved original or amended site plan
have been complied with.
(1) Objectives. In reviewing site plans, ccñsideration shall be given to the public
health, safety and welfare; the conifort and convenience of the public in general or
the residents or users of the proposed development and of the immediate
neighborhood in particular. Appropriate conditions and safeguards as may be
required to further the expressed intent of this Chapter and the acc0mp:|5hment of
the following objectives in particular:
(a) That the site plan is in conformance with such relevant portions of the
Comprehensive Plan of the city that may be inexistence.
Em 4
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FILED:City DUTCHESS
of Poughkeepsie, NY
COUNTY CLERK
Ecode360 04/21/2021 01:02 PM INDEX
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(b) That the design of all structures is compatible with that of surrounding
structures. Compatibility shall be determined by a review of proposed use of
materials, scale, mass, height, color, texture and location of the structure or
structures on the site.
(c) That allproposed traffic accessways are adequate but not excessive in
number; adequate in width, grade, alignment and visibility;not located too
near street corners or other places of public assembly; and other similar safety
considerations.
(d) That adequate off-street parking and loading spaces are provided to prevent
parking in public streets of vehicles of any persons connected with or visiting
the use and that the interior circulation system is adequate to provide safe
accessibility to all required off-street parking lots, loading bays and building
services.
(e) That allplayground, parking and service areas are reasonably screened at all
seasons of the year from the view of adjacent residential lotsand streets and
that the general landscaping of the site is such as to enhance the character of
the city and is incharacter with that generally prevailing inthe neighborhood.
(f) That all existing trees over eight inches in diameter, measured three feet
above the base of the trunk, shall be retained to the maximum extent possible.
(g) That allplazas and other paved areas intended for use by pedestrians use
decorative pavements and plant materials so as to prevent the creation of vast
expanses of pavement.
(h) That alloutdoor lighting is of such nature and so arranged as to preclude the
diffusion of glare onto adjoining properties and streets.
(i) That the drainage system and the internal water and sewer systems are
adequate and that allconnection to city systems are in accordance with city
standards.
(j) That the site plan and building design accomrñodate the needs of the
handicapped and are in conformance with the state standards for construction
concerning the handicapped.
(k) That the siteplan and building design maximize the conservation of energy.
(2) Procedures.
(a) Prior to the submission of a formal siteplan, a presubmission confereñce may
be held at the applicant's request wherein the applicant shall meet in person
with the DPD or his designated representative and/or the Zoning Administrator
to discuss the proposed site plan so that the necessary subsequent steps may
be undertaken with a clear understanding of the city'srequirements in matters
relating to the development of the site.At this time the Director of Planning
and Development may indicate those items outlined in Section 19-6.1(4) that
may be waived upon confirmation of the Planning Board. The procedures
under the environmental quality review, Section 19-4.17 of this Chapter, may
be initiatedat this time.
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FILED:City DUTCHESS
of Poughkeepsie, NY
COUNTY CLERK
Ecode360 04/21/2021 01:02 PM INDEX
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(b) Following the presubmission conference or even ifno conference was
requested,.the applicant may submit the site plan and any related information
to the Zoning Admiñistrator or his designee in as many copies, not to exceed
10 as the Zoning Adrainistratcr or his designee may specify. The site plan
shall be accompanied by a fee in accordance with the schedule of fees of the
City of Poughkeepsie.
(c) The Zoning Administrator or his designee shall certify on each original or
amended site plan whether or not the application is complete in accordance
with Section 19-6.1(4) and whether the plan meets the requirements of allthe
provisions of this Chapter other than those of thissection regarding site plan
review. The Zoning Administrator shall act to certify the application or return it
to the applicant for completion or revision within 30 calendar days of
submission by the applicant to the Zoning Administrator or his designee.
(d) Following certification by the Zoning Administrator, the application shall be
forwarded to the Planning Board within five working days. Such referral shall
be accompanied by the Zoning Administrator's documentation that the
application is complete. The officialsubmission date shall be the date of the
firstregular Planning Board meeting that the item appears on an agenda.
(e) Simultaneously with its submission to the Planning Board, the certified
app!ication shall be forwarded to the City Engineer, Chief of Police, Fire Chief,
Director of Public Works and Plumbing Inspector for purposes of review by
these department heads (or their duly authorized representative) and
eventually for their signature on the original Mylar once they are satisfied with
the plans. Further, the plan shall be circulated where required to the County
Planning Board, County Highway Department, County Planning Department
and any other agency that the Zoning Administrator and the DPD deem
appropriate.
(f) The Planning Board may hold a public hearing on the site plan ifitdetermines
that the matter is of wide public interest. Ifsuch a hearing is held, itshall be
held within 45 days of the officialsubmission date of the application and notice
shall be given at least five days prior to the date of such hearing by publication
in the officialcitynewspaper.
(g) The Planning Board shall act to approve or approve with conditions or
disapprove any such site plan within 45 days after the public hearing or, ifno
hearing is held, within 45 days of the official submission date; provided,
however, that the time within which the Planning Board must render its
decision may be extended by mutual consent of the applicant and the
Planning Board. Disapproval or conditicñal approval by the Planning Board
shall include written findings which identify those site plan elements found
contrary to the provision or intent of this Chapter, and such findings shall state
the reasons for disapproval or conditional approval. In reviewing the
application, the Planning Board shall consider the recommendations of she
planning department as to whether a proposed plan willconform to the intent
and requirements of this Chapter and/or what revisions are appropriate.
(h) Amendments to a previously approved site plan shall be acted upon in the
same manner as the original site plan.
(i)
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COUNTY CLERK
Ecode360 04/21/2021 01:02 PM INDEX
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Following approval of the site plan by the Piâññing Board, the applicant or the
applicant's contractor shall file with the Commissioner of Finance a
performance bond to cover the fullcost of the required improvements in an
amount set by the Planning Board upon advice of the City Engineer. Ifthe
value of improvements isless than $30,000, the Planning Board may waive
the bonding requirements. Said bonds shall be inform satisfactory to the
Corporation Counsel of the City ofPoughkeepsie and may be incash or in the
form of surety company bonds or in the form of an irrevocable letter of credit
from an issuer and in form satisfactory to the Corporation Counsel; and, ifa
surety company bond, shall be inthe amount of 100% of the estimated cost;
or ifa cash bond or an irrevocable letter of credit,50% of the estimated cost,
as certified by the City Engineer. In estimating the costs, the City Engineer
shall consider the proposed screening and landscaping, including planting and
maintenance thereof for a minimum of one year and a maximum of three
years at the discretion of the Planning Board; stormwater drainage system;
public and private streets and drives; water and sanitary sewer systems,
outdoor lighting and off-street parking areas; loading areas; means of
vehicular access and egress to and from the site onto public streets;
recreation areas, including playgrounds; garbage collection stations; fire alarm
system (ifany); and any other improvements, which in the opinion of the City
Engineer affect the proper functioning of the site.Said bond and release of
said bond shall be conditioned upon the property owner or developer
completing said work enumerated herein and set forth on the approved site
plan in a manner satisfactory to the Building Inspector of the City of
Poughkeepsie and upon the proper functioning ofsaid systems for a period of
one year from their completion. In default thereof, said bond or deposit shall
be forfeited,to the extent and in the amount of 150% of the estimated cost for
completing, repairing or replacing the work which has not been completed or
which has not properly functioned, and the city shall use the amount thereof to
complete any incomplete portion of said work or to make sure repairs as are
necessary to assure proper functioning of said improvements; provided,
however, that ifany amount of money remains after the city has completed
said work, such excess money willbe returned to the surety or the person
putting up the required deposit. The installation of allimprovements shall be
under the direct supervision of a registered architect or professional engineer.
(j) Notwithstanding the foregoing, this subsection shall apply to those site plans
which have been approved by the Planning Board and which contain the
following elements:
1. The site plan calls for a public or private road to be constructed on the
premises;
2. The site plan calls for improvements to be performed in phases;
3. The firstphase of said improvements encompasses less than 50% of the
land area of the entire site.
In such cases, the Planning Board, shall permit the applicants to file a
performance bond to cover the cost of the firstphase of the required
improvements, rather than the fullcost of allimprovements on the entire
site, as would be required under Subsection (2)(i) above. Any
subsequent phase improvements to the site shall also qualify for
treatment under this subsection, provided that said phase improvements
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of Poughkeepsie, NY
COUNTY CLERK
Ecode360 04/21/2021 01:02 PM INDEX
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are to be performed over the remaining area of the premises which are
subject to the siteplan. Allphase improvements and allbonds to be filed
to cover such phase improvements shall obligate the applicant to
construct and/or install at itsexpense, at each phase, the following
improvements on the portion or portions of the site then being
developed:
a. Street base and paving.
b. Concrete curb and gutters.
c. Water mains, appurtenances and house services.
d. Storm sewers, appurtenances and house services.
e. Sanitary sewers, appurtenances and house services.
f. Concrete sidewalks.
g. Streetlights.
h. Such other site improvements as the Planning Board deems
necessary to ensure proper development of the site.
The percentage of the bond to be rolled over from one phase to any
subsequent phase shall be limited to 80% of the total moneys. The
remaining 20% shall be held by the City of Poughkeepsie for two years
from the date of completion of the required improvements to ensure
proper installation and maintenance thereof.
In addition to the foregoing requirements for filingperformance bonds to
cover phase improvements, the requirements of Subsection (2)(I)
regarding waiving bonding requirements, approval of the form of the
bond and all other conditions and requirements set forth therein shall
apply to performance bonds as they relate to phase improvements,
except that the Planning Board may waive the bonding requirements if
the total value of all improvements as set forth above is less than
$25,000.
(k) Notwithstanding the provisions of Subsection (2)(i)or (j)above, in the case of
a site development plan which includes the subdivision of the site into two or
more separate parcels of land, the performance bond to be filedin accordance
with Subsection (2)(i) above may be divided into parts such that one bond is
filedto cover improvements that lieon, are contiguous to, benefit or touch and
concern more than a single such subdivided lot;and separate bonds are filed
to cover improvements that lieon, are contiguous to, benefit or touch and
concern only a single such subdivided lot.All of such bonds shall conform to
the requirements of Subsection (2)(i)above except that the bonds that cover
improvements that lieon, are contiguous to, benefit or touch and concern only
a single such subdivided lotshall not be required to be filedat the time of the
subdivision or site development plan approval, but may instead be required to
be filed prior to or at the time of application for a building permit covering each
such subdivided lot.The amounts of these bonds shall be set by the Planning
Board upon the advice of the City Engineer, but may be later amended
upward in the discretion of the City Engineer. The Planning Board may only
waive any of the bonds described herein, in accordance with Subsection (2)(1)
above, ifallsuch bonds total less than $30,000 in theaggregate.
(3) Time limiton validityof approval.
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of Poughkeepsie, NY
COUNTY CLERK
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(a) The approval of a site plan by the Planning Board sh of
one vear frondthe.4gle...ther.eoLfor purposes of obtaining a zoning and building
permit. Failure to obtain such a permit within the time period shall cause the
approval to become null and void. Upon application, for good cause shown,
the Planning Board may extend the validity of the approval, one time, for a
period not to exceed one year from the date the original approval expires.
(b) Notwithstanding the time limits set forth in Subsection (3)(a) above, the
following time limits shall be applicable to both Planned Residential
Development Districts approved pursuant to Section 19-3.18 of this Chapter
and to all approved site plans in other zoning districtsin which 100 or more
residential units are to be constructed. In a situation in which the Planning
Board has approved a Piaññed Residential Development District to be
developed in two or more phases or has approved a single project to contain
100 or more residential units to be developed in two or more phases, then and
in such event, the Planning Board shall have discretion to authorize the
validity for a period of two years from the date of such site plan approval for
the purpose of obtaining a building permit for the second phase of any such
phased development and for an additional period up to two years, for each
succeeding phase of any phased development; provided, however, that the
total approved period to be authorized by the Planning Board shall not exceed
five years from the date of site plan approval for allphases of a multiphased
plaññed residential development project or a multiphased residential project
containing 100 or more units. In exercising itsdiscretion, the Planning Board
shall consider the size of the project, the market absorption rate for the
development proposed, the availability of municipal services to meet the
needs of the development and such other factors as are relevant to a
determination as to the reasonable rate of development of the proposed
project.
(4) Site plan elements. The applicant shall cause a site plan map at a minimum scale
of one inch equals 30 feet and such additional supportive documentations as the
DPD may indicate during the presubmission conference to be appropriate in each
instance, to be prepared by an architect, landscape architect, civilengineer,
surveyor, land planner or other competent person. This information, in total,shall
constitute the siteplan:
(a) Legal data and:
1. Name and address of the owner of record.
2. Name and address of person, firm or organization preparing the map.
3. Date, North arrow and written and graphic scale.
4. Names of owners of adjoining properties.
5. A statement indicating the financial capability and the applicant to carry
out this proposed development.
(b) Natural features:
1. Existing contours with intervals of five feet or less, referred to a datum
satisfactory to the Planning Board.
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2. Approximate boundaries of any areas subject to flooding or stormwater
overflows.
3. Location of existing watercourses, marshes, wooded areas, rock
outcrops, isolated trees with a diameter of eight inches or more,
measured three feet above the base of the trunk, and any other
significant existing natural features.
4. Indication of direction of scenic views.
(c) Existing structures and utilities:
1. Outlines of allstructures and location of alluses not requiring structures.
2. Paved areas, walkways and vehicular access between the site and public
streets.
3. Locations, dimensions, grades and flow direction of any exist|ñg sewers,
culverts, water lines, as well as other underground and aboveground
utilitieswithin and adjacent to the property.
4. Other existing development, including fences, landscaping and screeñing.
5. Sufficient descripticñ or information to define precisely the boundaries of
the property. All distances shall be infeet and tenths of a foot. AII angles
shall be given to the nearest 10 seconds or closer. The error of closure
shall not exceed one in 10,000.
6. The locations and owners of alladjo|ñ|ñg lands as shown on the latest tax
records.
7. The locations, names and existing widths of adjacent streets and
curblines.
8. The location, width and purpose of allexisting and proposed easements,
setbacks, reservations and areas dedicated to public use within or
adjacent to the property.
9. A complete outline of existing deed restricti0ña or convenants app|ying to
the property.
10. Existing zoning.
(d) Proposed development:
1. The location of proposed buildings or structural improvements.
2. The location and design of alluses not such as off-
requiring structures,
street parking and loading areas.
3. The !ocation, direction, power and time of use for any proposed outdoor
lighting or public address systems.
4. The location and plans for any outdoor signs.
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of Poughkeepsie, NY
COUNTY CLERK
Ecode360 04/21/2021 01:02 PM INDEX
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5. The location, arrangement and materials of proposed means of access
and egress, including walkways, driveways or other paved areas. Profiles
indicating grading and cross sections showing location and width of
roadway and walkways. Any proposed direct pedestrian coññêction to
public parking lots or structures willalso be shown.
6. Proposed screening and other landscaping, inc|üd|ñg a planting plan
prepared by a qualified landscape architect in accordance with Section
19-4.11.
7. The !0cation, size, direction of flow and connection to city facilities of all
proposed water lines, valves and hydrants and of all sewer lines or
alternate means of water supply and sewage disposal and treatment
facilities.
8. LGcaticñ of any firealarm boxes and connections to the city fire alarm
system.
9. An outline of any proposed easements, deed restrictions or covenants
and a notation of any areas to be dedicated to a public agency.
10. Any contemplated public improvements on oradjoining the property.
11. Any proposed new grades, indicating clearly how such grades willmeet
existing grades of adjacent properties or the street.
12. Elevations of allproposed principal or accesscry structures.
13. indication of how the site plan has considered snergy consumption in the
siting and layout of buildings and in proposed bu!!ding services (heat,
lighting,air conditioning, etc..
14. Ifthe site plan only indicates a first stage, a supp!êmêñtary plan shall
indicate ultimate development.
15. Any other inforrñatiGA deemed by the Planning Board to be ñêcessary to
determine conformity of the site plan with the spirit and intent of this
chapter.
Unless waived by both the DPD and Director of Public Works, plans for all
required improvements must be signed by a professional engineer or
registered architect or, ifapprcpriate, a registered landscape architect.
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Preview
FILED:City DUTCHESS of Poughkeepsie, NY COUNTY CLERK Ecode360 04/21/2021 01:02 PM INDEX Page NO. 1 of 2020-53125 8 NYSCEF DOC. NO. 119 RECEIVED NYSCEF: 04/21/2021 Cityof Poughkeepsie, NY Tuesday, April13, 2021 Chapter 19. Zoning and Land Use Regulations Article VI. Site Plan and Special Permits Section 19-6.1. Site development plan approval. [Ord. of 7-5-1983, § 1, 2; Ord. of 9-18-1983, § 1; Ord. of 6-3-1985, § 1; Ord. of 12-15-1986, § 2; Ords. (two) of 7-20-1987, § 1; Ord. of 10-19-1987, § 1; Ord. of 7-5-1988, § 1; Ord. of 8-21-1995, § 1; Ord. of 8-14-2000, § 1] In alldistricts, site development plan (referred to hereinafter as site plan) approval by the Planning Board shall be required for: The erection or enlargement of allbuildings in alldistricts other than two- or three- (a) one, family residences, except as part of a subdivision and except as provided hereinafter or uses accessory thereto. AII uses of vacant land other than uses to two- or three- (b) customarily accessary one, family houses. (c) Any change in use or intensity of use which willaffect the characteristics of the site in terms of parking, loading, access, drainage or utilities. (d) Any plan to alter or improve a building facade in any area desigiiated by the Common Council as a landmark or a special historical, architectural or design improvement district. (e) Any application for a special use permit and any use or structure in a flood hazard area. Any amendment of a previously approved plan shall also require approval of the amendment by the Planning Board. No building permit may be issued for any building within the purview of this section untilthe original or amêñded site plan is approved by the Plaññing Board. No certificate of occupancy may be issued for any building or use of land within the purview of this section unless the Planning Board or its designee certifies that allapplicable conditions of the approved original or amended site plan have been complied with. (1) Objectives. In reviewing site plans, ccñsideration shall be given to the public health, safety and welfare; the conifort and convenience of the public in general or the residents or users of the proposed development and of the immediate neighborhood in particular. Appropriate conditions and safeguards as may be required to further the expressed intent of this Chapter and the acc0mp:|5hment of the following objectives in particular: (a) That the site plan is in conformance with such relevant portions of the Comprehensive Plan of the city that may be inexistence. Em 4 https://ecode360.com/print/PO1408?guid=27017549 4/13/2021 FILED:City DUTCHESS of Poughkeepsie, NY COUNTY CLERK Ecode360 04/21/2021 01:02 PM INDEX Page NO. 2 of 2020-53125 8 NYSCEF DOC. NO. 119 RECEIVED NYSCEF: 04/21/2021 (b) That the design of all structures is compatible with that of surrounding structures. Compatibility shall be determined by a review of proposed use of materials, scale, mass, height, color, texture and location of the structure or structures on the site. (c) That allproposed traffic accessways are adequate but not excessive in number; adequate in width, grade, alignment and visibility;not located too near street corners or other places of public assembly; and other similar safety considerations. (d) That adequate off-street parking and loading spaces are provided to prevent parking in public streets of vehicles of any persons connected with or visiting the use and that the interior circulation system is adequate to provide safe accessibility to all required off-street parking lots, loading bays and building services. (e) That allplayground, parking and service areas are reasonably screened at all seasons of the year from the view of adjacent residential lotsand streets and that the general landscaping of the site is such as to enhance the character of the city and is incharacter with that generally prevailing inthe neighborhood. (f) That all existing trees over eight inches in diameter, measured three feet above the base of the trunk, shall be retained to the maximum extent possible. (g) That allplazas and other paved areas intended for use by pedestrians use decorative pavements and plant materials so as to prevent the creation of vast expanses of pavement. (h) That alloutdoor lighting is of such nature and so arranged as to preclude the diffusion of glare onto adjoining properties and streets. (i) That the drainage system and the internal water and sewer systems are adequate and that allconnection to city systems are in accordance with city standards. (j) That the site plan and building design accomrñodate the needs of the handicapped and are in conformance with the state standards for construction concerning the handicapped. (k) That the siteplan and building design maximize the conservation of energy. (2) Procedures. (a) Prior to the submission of a formal siteplan, a presubmission confereñce may be held at the applicant's request wherein the applicant shall meet in person with the DPD or his designated representative and/or the Zoning Administrator to discuss the proposed site plan so that the necessary subsequent steps may be undertaken with a clear understanding of the city'srequirements in matters relating to the development of the site.At this time the Director of Planning and Development may indicate those items outlined in Section 19-6.1(4) that may be waived upon confirmation of the Planning Board. The procedures under the environmental quality review, Section 19-4.17 of this Chapter, may be initiatedat this time. https://ecode360.com/print/PO14087guid=27017549 4/13/2021 FILED:City DUTCHESS of Poughkeepsie, NY COUNTY CLERK Ecode360 04/21/2021 01:02 PM INDEX Page NO. 3 of 2020-53125 8 NYSCEF DOC. NO. 119 RECEIVED NYSCEF: 04/21/2021 (b) Following the presubmission conference or even ifno conference was requested,.the applicant may submit the site plan and any related information to the Zoning Admiñistrator or his designee in as many copies, not to exceed 10 as the Zoning Adrainistratcr or his designee may specify. The site plan shall be accompanied by a fee in accordance with the schedule of fees of the City of Poughkeepsie. (c) The Zoning Administrator or his designee shall certify on each original or amended site plan whether or not the application is complete in accordance with Section 19-6.1(4) and whether the plan meets the requirements of allthe provisions of this Chapter other than those of thissection regarding site plan review. The Zoning Administrator shall act to certify the application or return it to the applicant for completion or revision within 30 calendar days of submission by the applicant to the Zoning Administrator or his designee. (d) Following certification by the Zoning Administrator, the application shall be forwarded to the Planning Board within five working days. Such referral shall be accompanied by the Zoning Administrator's documentation that the application is complete. The officialsubmission date shall be the date of the firstregular Planning Board meeting that the item appears on an agenda. (e) Simultaneously with its submission to the Planning Board, the certified app!ication shall be forwarded to the City Engineer, Chief of Police, Fire Chief, Director of Public Works and Plumbing Inspector for purposes of review by these department heads (or their duly authorized representative) and eventually for their signature on the original Mylar once they are satisfied with the plans. Further, the plan shall be circulated where required to the County Planning Board, County Highway Department, County Planning Department and any other agency that the Zoning Administrator and the DPD deem appropriate. (f) The Planning Board may hold a public hearing on the site plan ifitdetermines that the matter is of wide public interest. Ifsuch a hearing is held, itshall be held within 45 days of the officialsubmission date of the application and notice shall be given at least five days prior to the date of such hearing by publication in the officialcitynewspaper. (g) The Planning Board shall act to approve or approve with conditions or disapprove any such site plan within 45 days after the public hearing or, ifno hearing is held, within 45 days of the official submission date; provided, however, that the time within which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Planning Board. Disapproval or conditicñal approval by the Planning Board shall include written findings which identify those site plan elements found contrary to the provision or intent of this Chapter, and such findings shall state the reasons for disapproval or conditional approval. In reviewing the application, the Planning Board shall consider the recommendations of she planning department as to whether a proposed plan willconform to the intent and requirements of this Chapter and/or what revisions are appropriate. (h) Amendments to a previously approved site plan shall be acted upon in the same manner as the original site plan. (i) https://ecode360.com/print/PO1408?guid=27017549 4/13/2021 FILED:City DUTCHESS of Poughkeepsie, NY COUNTY CLERK Ecode360 04/21/2021 01:02 PM INDEX Page NO. 4 of 2020-53125 8 NYSCEF DOC. NO. 119 RECEIVED NYSCEF: 04/21/2021 Following approval of the site plan by the Piâññing Board, the applicant or the applicant's contractor shall file with the Commissioner of Finance a performance bond to cover the fullcost of the required improvements in an amount set by the Planning Board upon advice of the City Engineer. Ifthe value of improvements isless than $30,000, the Planning Board may waive the bonding requirements. Said bonds shall be inform satisfactory to the Corporation Counsel of the City ofPoughkeepsie and may be incash or in the form of surety company bonds or in the form of an irrevocable letter of credit from an issuer and in form satisfactory to the Corporation Counsel; and, ifa surety company bond, shall be inthe amount of 100% of the estimated cost; or ifa cash bond or an irrevocable letter of credit,50% of the estimated cost, as certified by the City Engineer. In estimating the costs, the City Engineer shall consider the proposed screening and landscaping, including planting and maintenance thereof for a minimum of one year and a maximum of three years at the discretion of the Planning Board; stormwater drainage system; public and private streets and drives; water and sanitary sewer systems, outdoor lighting and off-street parking areas; loading areas; means of vehicular access and egress to and from the site onto public streets; recreation areas, including playgrounds; garbage collection stations; fire alarm system (ifany); and any other improvements, which in the opinion of the City Engineer affect the proper functioning of the site.Said bond and release of said bond shall be conditioned upon the property owner or developer completing said work enumerated herein and set forth on the approved site plan in a manner satisfactory to the Building Inspector of the City of Poughkeepsie and upon the proper functioning ofsaid systems for a period of one year from their completion. In default thereof, said bond or deposit shall be forfeited,to the extent and in the amount of 150% of the estimated cost for completing, repairing or replacing the work which has not been completed or which has not properly functioned, and the city shall use the amount thereof to complete any incomplete portion of said work or to make sure repairs as are necessary to assure proper functioning of said improvements; provided, however, that ifany amount of money remains after the city has completed said work, such excess money willbe returned to the surety or the person putting up the required deposit. The installation of allimprovements shall be under the direct supervision of a registered architect or professional engineer. (j) Notwithstanding the foregoing, this subsection shall apply to those site plans which have been approved by the Planning Board and which contain the following elements: 1. The site plan calls for a public or private road to be constructed on the premises; 2. The site plan calls for improvements to be performed in phases; 3. The firstphase of said improvements encompasses less than 50% of the land area of the entire site. In such cases, the Planning Board, shall permit the applicants to file a performance bond to cover the cost of the firstphase of the required improvements, rather than the fullcost of allimprovements on the entire site, as would be required under Subsection (2)(i) above. Any subsequent phase improvements to the site shall also qualify for treatment under this subsection, provided that said phase improvements https://ecode360.com/print/PO1408?guid=27017549 4/13/2021 FILED:City DUTCHESS of Poughkeepsie, NY COUNTY CLERK Ecode360 04/21/2021 01:02 PM INDEX Page NO. 5 of 2020-53125 8 NYSCEF DOC. NO. 119 RECEIVED NYSCEF: 04/21/2021 are to be performed over the remaining area of the premises which are subject to the siteplan. Allphase improvements and allbonds to be filed to cover such phase improvements shall obligate the applicant to construct and/or install at itsexpense, at each phase, the following improvements on the portion or portions of the site then being developed: a. Street base and paving. b. Concrete curb and gutters. c. Water mains, appurtenances and house services. d. Storm sewers, appurtenances and house services. e. Sanitary sewers, appurtenances and house services. f. Concrete sidewalks. g. Streetlights. h. Such other site improvements as the Planning Board deems necessary to ensure proper development of the site. The percentage of the bond to be rolled over from one phase to any subsequent phase shall be limited to 80% of the total moneys. The remaining 20% shall be held by the City of Poughkeepsie for two years from the date of completion of the required improvements to ensure proper installation and maintenance thereof. In addition to the foregoing requirements for filingperformance bonds to cover phase improvements, the requirements of Subsection (2)(I) regarding waiving bonding requirements, approval of the form of the bond and all other conditions and requirements set forth therein shall apply to performance bonds as they relate to phase improvements, except that the Planning Board may waive the bonding requirements if the total value of all improvements as set forth above is less than $25,000. (k) Notwithstanding the provisions of Subsection (2)(i)or (j)above, in the case of a site development plan which includes the subdivision of the site into two or more separate parcels of land, the performance bond to be filedin accordance with Subsection (2)(i) above may be divided into parts such that one bond is filedto cover improvements that lieon, are contiguous to, benefit or touch and concern more than a single such subdivided lot;and separate bonds are filed to cover improvements that lieon, are contiguous to, benefit or touch and concern only a single such subdivided lot.All of such bonds shall conform to the requirements of Subsection (2)(i)above except that the bonds that cover improvements that lieon, are contiguous to, benefit or touch and concern only a single such subdivided lotshall not be required to be filedat the time of the subdivision or site development plan approval, but may instead be required to be filed prior to or at the time of application for a building permit covering each such subdivided lot.The amounts of these bonds shall be set by the Planning Board upon the advice of the City Engineer, but may be later amended upward in the discretion of the City Engineer. The Planning Board may only waive any of the bonds described herein, in accordance with Subsection (2)(1) above, ifallsuch bonds total less than $30,000 in theaggregate. (3) Time limiton validityof approval. https://ecode360.com/print/PO1408?guid=27017549 4/13/2021 FILED:City DUTCHESS of Poughkeepsie, NY COUNTY CLERK Ecode360 04/21/2021 01:02 PM INDEX Page NO. 6 of 2020-53125 8 NYSCEF DOC. NO. 119 RECEIVED NYSCEF: 04/21/2021 (a) The approval of a site plan by the Planning Board sh of one vear frondthe.4gle...ther.eoLfor purposes of obtaining a zoning and building permit. Failure to obtain such a permit within the time period shall cause the approval to become null and void. Upon application, for good cause shown, the Planning Board may extend the validity of the approval, one time, for a period not to exceed one year from the date the original approval expires. (b) Notwithstanding the time limits set forth in Subsection (3)(a) above, the following time limits shall be applicable to both Planned Residential Development Districts approved pursuant to Section 19-3.18 of this Chapter and to all approved site plans in other zoning districtsin which 100 or more residential units are to be constructed. In a situation in which the Planning Board has approved a Piaññed Residential Development District to be developed in two or more phases or has approved a single project to contain 100 or more residential units to be developed in two or more phases, then and in such event, the Planning Board shall have discretion to authorize the validity for a period of two years from the date of such site plan approval for the purpose of obtaining a building permit for the second phase of any such phased development and for an additional period up to two years, for each succeeding phase of any phased development; provided, however, that the total approved period to be authorized by the Planning Board shall not exceed five years from the date of site plan approval for allphases of a multiphased plaññed residential development project or a multiphased residential project containing 100 or more units. In exercising itsdiscretion, the Planning Board shall consider the size of the project, the market absorption rate for the development proposed, the availability of municipal services to meet the needs of the development and such other factors as are relevant to a determination as to the reasonable rate of development of the proposed project. (4) Site plan elements. The applicant shall cause a site plan map at a minimum scale of one inch equals 30 feet and such additional supportive documentations as the DPD may indicate during the presubmission conference to be appropriate in each instance, to be prepared by an architect, landscape architect, civilengineer, surveyor, land planner or other competent person. This information, in total,shall constitute the siteplan: (a) Legal data and: 1. Name and address of the owner of record. 2. Name and address of person, firm or organization preparing the map. 3. Date, North arrow and written and graphic scale. 4. Names of owners of adjoining properties. 5. A statement indicating the financial capability and the applicant to carry out this proposed development. (b) Natural features: 1. Existing contours with intervals of five feet or less, referred to a datum satisfactory to the Planning Board. https://ecode360.com/print/PO1408?guid=27017549 4/13/2021 FILED:CityDUTCHESSof Poughkeepsie, NY COUNTY CLERK Ecode360 04/21/2021 01:02 PM INDEXPage NO. 7 of 2020-53125 8 NYSCEF DOC. NO. 119 RECEIVED NYSCEF: 04/21/2021 2. Approximate boundaries of any areas subject to flooding or stormwater overflows. 3. Location of existing watercourses, marshes, wooded areas, rock outcrops, isolated trees with a diameter of eight inches or more, measured three feet above the base of the trunk, and any other significant existing natural features. 4. Indication of direction of scenic views. (c) Existing structures and utilities: 1. Outlines of allstructures and location of alluses not requiring structures. 2. Paved areas, walkways and vehicular access between the site and public streets. 3. Locations, dimensions, grades and flow direction of any exist|ñg sewers, culverts, water lines, as well as other underground and aboveground utilitieswithin and adjacent to the property. 4. Other existing development, including fences, landscaping and screeñing. 5. Sufficient descripticñ or information to define precisely the boundaries of the property. All distances shall be infeet and tenths of a foot. AII angles shall be given to the nearest 10 seconds or closer. The error of closure shall not exceed one in 10,000. 6. The locations and owners of alladjo|ñ|ñg lands as shown on the latest tax records. 7. The locations, names and existing widths of adjacent streets and curblines. 8. The location, width and purpose of allexisting and proposed easements, setbacks, reservations and areas dedicated to public use within or adjacent to the property. 9. A complete outline of existing deed restricti0ña or convenants app|ying to the property. 10. Existing zoning. (d) Proposed development: 1. The location of proposed buildings or structural improvements. 2. The location and design of alluses not such as off- requiring structures, street parking and loading areas. 3. The !ocation, direction, power and time of use for any proposed outdoor lighting or public address systems. 4. The location and plans for any outdoor signs. https://ecode360.com/print/PO1408?guid=27017549 4/13/2021 FILED:City DUTCHESS of Poughkeepsie, NY COUNTY CLERK Ecode360 04/21/2021 01:02 PM INDEX Page NO. 8 of 2020-53125 8 NYSCEF DOC. NO. 119 RECEIVED NYSCEF: 04/21/2021 5. The location, arrangement and materials of proposed means of access and egress, including walkways, driveways or other paved areas. Profiles indicating grading and cross sections showing location and width of roadway and walkways. Any proposed direct pedestrian coññêction to public parking lots or structures willalso be shown. 6. Proposed screening and other landscaping, inc|üd|ñg a planting plan prepared by a qualified landscape architect in accordance with Section 19-4.11. 7. The !0cation, size, direction of flow and connection to city facilities of all proposed water lines, valves and hydrants and of all sewer lines or alternate means of water supply and sewage disposal and treatment facilities. 8. LGcaticñ of any firealarm boxes and connections to the city fire alarm system. 9. An outline of any proposed easements, deed restrictions or covenants and a notation of any areas to be dedicated to a public agency. 10. Any contemplated public improvements on oradjoining the property. 11. Any proposed new grades, indicating clearly how such grades willmeet existing grades of adjacent properties or the street. 12. Elevations of allproposed principal or accesscry structures. 13. indication of how the site plan has considered snergy consumption in the siting and layout of buildings and in proposed bu!!ding services (heat, lighting,air conditioning, etc.. 14. Ifthe site plan only indicates a first stage, a supp!êmêñtary plan shall indicate ultimate development. 15. Any other inforrñatiGA deemed by the Planning Board to be ñêcessary to determine conformity of the site plan with the spirit and intent of this chapter. Unless waived by both the DPD and Director of Public Works, plans for all required improvements must be signed by a professional engineer or registered architect or, ifapprcpriate, a registered landscape architect. https://ecode360.com/print/PO1408?guid=27017549 4/13/2021