Published on December 07, 2016
The Ulster County Planning Board (UCPB) Land Use Referral Guide provides information on the General Municipal Law 239 –l, -m, & -n Referral Process that governs reviews by UCPB. This guide contains policies and procedures that should be utilized at the earliest stages of the land use approval process. It is available in both PDF and web/online format. The updated Referral Guide is complemented by the Community Design Manual. An updated, more interactive version of the manual can be found at designyourtown.org.
If you are new to the referral submittal process and are staff to a referring body, please contact Robert Leibowitz at 845-340-3340 so we can guide you through the process and/or refer to the Referral Guide Materials on this page.
Referrals will only be accepted in paper mail format or via our Dropbox Referral System. Referrals will not be accepted via email. Additionally, all referral materials should come directly from the referring body, not the applicant in order to ensure the reviewing body has indeed reviewed these materials prior to submittal.
Table of Contents
- About this Guide
- Referral Process Basics
- Meeting Policies and Procedures: The UCPB's Monthly Meeting
- Frequently Asked Questions
- Ulster County Comprehensive Planning: How UCPB Policies Relate to Referrals
- Guidelines: Guidance for UCPB Referral Recommendations
- Using the Community Design Manual
- The Community Design Manual
Documents and Planning Guides
Appendices and Forms
Table 1: Referral Submittal Reference Matrix
Actions listed below are exempt from the referral process.
Table Notes:
• If not noted specifically in the matrix, referral is required
• Referrals are only exempt if an agreement has been made between the decision making body and the UCPB
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Type of Referral
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Referral Requirements by Proximity
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Boundaries for determining proximity criteria (within or outside of 500 feet)
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Village, City, Town boundary
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Boundary of county or state park or other recreation are
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Right-of-Way of county or state road
-
Right-of-Way of stream or drainage channel owned by the County or within established channel lines
-
Boundary of county or state owned land on which public buildings or institutions reside
-
Boundary of a farm operation located in an Agricultural District
per Article 25-AA of Ag and Markets Law
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|
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Within 500 feet
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Outside 500 feet
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Site Plans and Special Permits
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-
Re-occupancy or reuse of existing structures
as long as the following conditions are met:
-
An increase in parking spaces is not required by local statute
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Channelized access to State or
County Road exists or is proposed
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New site lighting, if proposed, utilizes
full cut off luminaires and does
not exceed IEA lighting levels.
-
Accessory apartments
-
Signage that meets local zoning requirements
-
Wireless Telecommunication Facilities
that are collocations per the Nationwide
Programmatic Agreement for the
Collocation of Wireless Antennas.*
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All SEQRA Type II or Unlisted actions as long
as the following conditions are met:
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Not a disturbance of one or more acres of land
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Not a structure greater than 100 feet in height
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Not a structure located in the
100-year floodplain
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Not a mining operation
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Not a building(s) with gross floor
area >= 4,000 square feet
-
Not an adult Use
-
Not a substantial increase in size of a wireless telecommunication facility or tower per the Nationwide Agreement for the Collocation of Wireless Antennas*
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|
Subdivisions
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Subdivisions that meet all of the following conditions:
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Fewer than 5 lots and
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2. Access roads and structures are not located within the 100-year floodplain
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Subdivisions that meet all of the following conditions:
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Not a Type I action
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Do not create greater than 5 acres of disturbance
-
Access roads and structures are not located within the 100-year floodplain
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Area Variances
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-
Residential Side and Rear Yard
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Residential side and rear yard fence height
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Residential minimum lot size if central water and sewer is available
-
Accessory Apartment variances
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All actions are exempt.
|
|
Use Variances
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Uses where no physical expansion of
structures, utilities, or facilities is necessary
and/or does not occur on vacant lot.
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All actions are exempt.
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*The Nationwide Programmatic Agreement for the Collocation of Wireless Antennas can be found at: http://wireless.fcc.gov/releases/da010691a.pdf
Table 2: Referral Deadlines by Action Type
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Days Receipt Before
UCPB Meeting
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Type of Action
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12 Calendar Days
(Required)
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-
All Variances
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Site Plan Review
-
Special Permits
-
Subdivisions
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30 Calendar Days
(Requested)
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-
Comprehensive Plans
-
Zoning Statute and Map Amendments
-
Other Special Authorizations
-
Any of the above actions that constitutes a Type 1 action under SEQRA
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Table 3: Recommendations of the Ulster County Planning Board
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Recommendation
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Explanation
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Vote Impact on Referring Body
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No County Impact
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The matter is primarily of local concern and involves no countywide or intermunicipal issues or concerns.
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Simple Majority Vote
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Advisory Comments
(Within 500ft)
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County-wide concerns are not raised. Comments are provided for guidance and technical assistance.
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Simple Majority Vote
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Advisory Comments
(Outside 500ft.)
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The UCPB can only make advisory comments on these referrals. Comments will reflect the UCPB’s concerns and recommendations.
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Simple Majority Vote
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Approve
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The matter is consistent with all the goals and objectives of the UCPB and provides for a clear betterment of the community.
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Simple Majority Vote is required to approve this action..
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A Majority Plus One is required should the referring board take an action contrary to this action.
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Required Modifications
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The matter contains some significant aspects that are in conflict with County Planning Board policy, County land use plans, state enabling legislation, or local plans. These aspects can be addressed by imposing certain conditions or by altering the proposal.
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Simple Majority Vote is required to approve this recommendation if the modifications are followed.
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A Majority Plus One is required if the referring board seeks to approve the action without following the modifications.
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Disapprove
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The matter will have a significant countywide or
inter-community impact and is in direct conflict with the goals and policies of the Board, the local comprehensive plan, or sound planning principals.
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Simple Majority Vote is required if this recommendation if followed.
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A Majority Plus One is required should the referring board take an action contrary to this action..
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Table 4: Guideline for Full Statement Checklist for Referrals to the UCPB
Referral by Type (● = Required)
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Submittal Materials
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Site
Plan
Review
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Special
Permit
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Subdivision
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Area
Variance
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Use
Variance
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Amend
Zoning
Statute
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Amend
Zoning
Map
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Other
Special
Authorization
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Notes
|
|
UCPB Referral Form
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●
|
●
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●
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●
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●
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●
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●
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●
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Filled out for all referrals
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Proposal Location Map
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●
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●
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●
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●
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●
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●*
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●
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●*
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*If specifically geographically located
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Action/Project Narrative
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●
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●
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●
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●
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●
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●
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●
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●
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Applicant and boards
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SEQR Documentation
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●
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●
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●
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●
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●
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●
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●
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●
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Meeting Minutes
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●
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●
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●
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●
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●
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●
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●
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●
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Existing Conditions Plan
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●
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●
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●
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●
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●
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Includes surrounding area context
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Proposed Site Layout
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●
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●
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●
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●
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Includes surrounding area context
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Lighting Plan
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●
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●
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Photometrics and cut sheets
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Grading/Clearing Plan
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●
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●
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●
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With disturbance over 1 acre
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Stormwater Plan
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●
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●
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●
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Landscaping Plan
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●
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●
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●
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Location of, schedule of types, sizes
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Utility Plan
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●
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●
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●
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|
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Circulation Plan (Vehicles
and Pedestrians)
|
●
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●
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●
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Erosion and Sediment
Control Plan
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●
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●
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●
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Unless no new impervious
surfaces proposed
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Architectual Elevations, Simulations, or Renderings
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●
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●
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Also image file if available
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Road Cross-Sections
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●
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●
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●
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Master Signage Plan
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●
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●
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●
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Locations and architectural elevations
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Traffic Generation
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●
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●
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●
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Where peak hour trips are over 50
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Traffic Impact Study
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●
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●
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●
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Can be combined with
Traffic Generation as Traffic
Generation/Traffic Study
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SWPPP
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●
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●
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●
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"In accordance with the NYS
Stormwater Manual
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Soils
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●
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●
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●
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Photography
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●
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●
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Existing conditions, JPEG and/or print
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Correspondense
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●
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●
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●
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●
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●
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●
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●
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●
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Local and/or involved agencies
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Consultant N
otes
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●
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●
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●
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●
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●
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●
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●
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●
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All planning, engineering or other consultants's notes and correspondence (municipality and applicants)
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Summary of Law additions,
amendments, and deletions
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●
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●
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