A.
Purpose. The purpose of this section is to allow for the proper integration
into the community of those uses listed in the Bulk and Use Tables[1] of this chapter and elsewhere in this chapter, which have
been determined to be suitable within a zoning district only on certain
conditions and only at appropriate locations. The site plan review
process intends to:
(1)
Promote those qualities in the environment which retain or bring
quality to life as well as material value to the community.
(2)
Foster the attractiveness and functional utility of the community
as a place to live and work.
(3)
Preserve the character and quality of our heritage by maintaining
the integrity of those areas which have a discernible character or
are of special historic significance.
(4)
Protect existing investments in the area.
(5)
Encourage, where appropriate, a mix of uses within permissible use
zones.
(6)
Raise the level of community expectations for the quality of its
environment.
(7)
Afford the City the ability to accommodate growth resulting from
the proposed uses without excessive adverse effect on the City and
its citizens and taxpayers.
(8)
To protect the health, safety and general welfare of the City and
its citizens.
(9)
To enforce and uphold the objectives of the City's Comprehensive
Plan.
B.
Applicability.
(1)
Site plan review shall be required for all new buildings and additions
in all districts, except new buildings smaller than 200 square feet
in floor area, and except new additions to single-family dwellings
in R1, R2 and R3 Zones when such additions are to be smaller than
600 square feet in floor area. For all other districts, site plan
review shall be performed only for uses listed as requiring site plan
review in the Bulk and Use Tables,[2] Table of Permitted Uses by District,[3] and according to other criteria listed under each respective district in Article II, Zoning Districts Established. For projects required to procure site plan review approval due to intensity thresholds only, the scope of the review shall be limited to the triggering intensities. In addition, all uses required to procure a special use permit are also required to undergo a site plan review.
(2)
No zoning, building, use or certificate of occupancy permit shall
be issued by the Code Enforcement Officer for any use identified in
this chapter as requiring a site plan review, nor shall any such use
undergo a change in use or a significant change in intensity of use,
nor shall any such building be erected or enlarged, and no excavation
of the site of such a use or building shall begin, until a site plan
review has been conducted and approved by the Planning Commission
in accordance with this article.
(3)
Any proposed use, building, or change requiring a site plan review
may require a public hearing.
(4)
The applicant shall be responsible for providing the Planning Commission with information and detailed drawings, including but not limited to site plans, floor plans, elevations, and color renderings, of the proposed use, building, addition or change in the use of an existing building or lot. The contents of these submittals shall be in accordance with the requirements set forth in § 300-75B of this chapter.
(5)
Any project which only entails the construction of a fence shall
not trigger a site plan review.
(6)
The Planning Commission, in conjunction with the Code Enforcement
Officer, may waive stated submittal requirements as identified in
this chapter. If the applicant fails to submit sufficient information
to the Planning Commission, said application will be deemed incomplete
and returned to the applicant.
A.
Authorization. In accordance with § 30-a of the General
City Law, the Common Council does hereby authorize the Planning Commission
to review and approve with modifications or disapprove site plan documents
prepared to specifications set forth in this chapter and in accordance
with regulations set forth by the Planning Commission. Such site plan
review shall be made of all development required under the terms of
this chapter.
B.
Application submission and nonreturnable fee. The complete application
for site plan review shall be submitted to the Code Enforcement Officer
at least three weeks in advance of a regularly scheduled Planning
Commission meeting. A nonreturnable fee as established by the Common
Council shall be submitted with the application. Said application
shall be on a form provided by the Planning Commission and available
from the Code Enforcement office.
C.
Prioritization of review criteria. The need to support the expansion
of the local economy, the need to increase housing opportunities,
and the need to protect the quality of existing districts shall be
primary criteria among other competing criteria in the site plan review
process.
D.
Code Enforcement Officer review. The Code Enforcement Officer will
review the application for completeness and notify the applicant if
a waiver of document submittal requirements is granted.
E.
Sketch plan conference. At the request of the applicant, a sketch
plan conference may be held between the Planning Commission and the
applicant to review the basic site design concept and generally determine
the information to be required on the site plan. At the sketch plan
conference, the applicant should provide the data discussed below
in addition to a statement or rough sketch describing what is proposed:
(1)
An area map showing the parcel under consideration for site plan
review and all properties, subdivisions, streets and easements within
200 feet of the boundaries thereof.
(2)
A map of site topography at no more than five-foot contour intervals.
If general site grades exceed 5% or portions of the site have susceptibility
to erosion, flooding or ponding, a soils overlay and a topographic
map showing contour intervals of not more than two feet of elevation
should also be provided.
A.
Application for preliminary site plan approval. The preliminary site plan application process, as outlined in this section, is not a requirement for site plan approval. The applicant may consult with the Code Enforcement Officer and/or Planning Commission to determine if this preliminary step is advisable in order to ensure the applicant is adequately prepared to move into the final detailed site plan application process, as outlined in § 300-76. Any preliminary application for site plan approval shall be made, in writing, to the Code Enforcement Officer and shall be accompanied by three hard copies and an electronic copy of the following information, prepared if required by the Code Enforcement Officer or the Planning Commission by an engineer, architect, landscape architect or surveyor duly licensed by the State of New York according to each person's particular discipline. Said application shall include drawings needed to define the project, at the discretion of the Code Enforcement Officer, including but not limited to the following:
B.
Requirements. Drawings and drawing contents. Requirements for site
plan shall include the following unless waived by the Planning Commission:
(1)
Site plan. Requirements for site plans shall be as follows:
(a)
The title of the drawing, including the address of the project
site(s) and the name and address of the applicant and person responsible
for preparing said plan. Project plans that have undergone multiple
iterations and submittals to the Planning Commission shall be distinguishable
from previous submittals via amendments to the drawing title to denote
a new version.
(b)
Unless otherwise allowed by the Planning Commission, a scale
of one inch equals 50 feet, with five-foot contours showing the topography
of the lot and areas within 50 feet of the lot. At the discretion
of the City Engineer, two-foot contours may be requested.
(c)
A North arrow, scale and most recent date for which the drawings
were prepared.
(d)
Boundaries of the property and adjoining properties within 200
feet plotted to scale; current zoning classification of property,
including the exact zoning boundary, if in more than one district.
(e)
Existing watercourses and freshwater wetlands, as identified
by the New York State Department of Environmental Conservation and
the United States Army Corps of Engineers.
(f)
Locations and widths of all ingress, egress and circulatory
drives and access points to existing roads and highways; locations
of all parking and/or truck loading areas.
(g)
Locations and dimensions for pedestrian and bicycle access,
along with existing and proposed circulation patterns and stops for
local/regional transit service.
(h)
Locations for outdoor storage, including refuse, if any.
(i)
Locations and dimensions of all existing or proposed site improvements,
including drains, culverts, retaining walls, sidewalks and fences.
(j)
Locations of all proposed site and building-mounted signs.
(k)
The location and amount of building area proposed for various
uses of the site, including all points of ingress and egress.
(l)
The location, width and purpose of all existing and proposed
easements, setbacks, reservations and areas dedicated to public use
on the site(s) and property(ies).
(m)
Location of vehicle, equipment, and material staging areas,
storage and stockpile areas, and other areas to be utilized and disturbed
during construction, including the location of portable rest room
facilities.
(n)
Proposed routes and access points for construction traffic.
(2)
Grading plan. Grading plans may include:
(a)
A grading plan showing existing and proposed contours, including
spot elevations along structures and site improvements, where appropriate,
to determine the flow of surface runoff. The inclusion of arrows denoting
surface flow direction is also preferred where appropriate.
(b)
Line(s) denoting limits of disturbance, clearing, grubbing,
and grading as appropriate. Protective fencing for areas and vegetation
to be preserved and undisturbed throughout construction shall also
be shown.
(c)
Documents and plans pursuant to the requirements of the New
York State Pollution Discharge Elimination System (SPDES), including
a completed stormwater pollution prevention plan (SWPPP) for Planning
Commission review.
(d)
Construction management plan and an inspection schedule as required
by the Code Enforcement Officer.
(3)
Utilities plan. Requirements for utilities plans shall be as follows:
(a)
The locations and size of water, sanitary sewer and storm sewer
lines and appurtenances and connections to utility services, including
all invert and grate elevations. Where possible, the inclusion of
arrows denoting the flow of storm and sanitary sewers is preferred.
(b)
Locations of fire and other emergency zones, including the location
of fire hydrants and building sprinkler system connection points.
(c)
Locations of all fuel and energy exploration, generation, transmission,
distribution and storage facilities, including but not limited to
electricity, natural gas, propane, motor vehicle fuels, and wind,
solar and geothermal energy systems.
(d)
Locations of outdoor lighting facilities, including the locations
of poles, bollards, and building-mounted fixtures. Where appropriate
and upon request, a photometric plan shall also be prepared and submitted
for review and approval by the Planning Commission and Code Enforcement
Officer.
(e)
Locations of telephone, cable and other telecommunications devices
and facilities.
(4)
Building plans. Requirements for building plans shall include the
following unless excepted by the Planning Commission:
(a)
Floor plans showing the location of all building ingress and
egress points.
(b)
Elevation plans denoting the type of construction and construction
materials, and exterior dimensions of all building elements and facades.
Building elevations shall include structures on adjoining lots to
indicate the scale and massing of the proposed structure in relation
to the area.
(5)
Detail plans. Requirements for detail plans shall be as follows:
(a)
The design dimensions and type of construction of all driveways,
parking areas and/or loading areas.
(b)
The design and construction materials of all proposed site improvements,
including drains, culverts, retaining walls and fences.
(c)
The design and construction materials to be used for all water
and sewer lines and appurtenances.
(d)
The design of all fire hydrants.
(e)
The design and construction materials of all fuel and energy
exploration, generation, transmission, distribution and storage facilities.
(f)
The design dimensions, type of construction materials, including
illumination, of all proposed signs.
(g)
The design and construction, including dimensions, of outdoor
lighting facilities and the area of illumination on subject and adjacent
properties.
(6)
Landscaping plan. Requirements for landscaping plans shall be as
follows:
(a)
The location and dimensions of proposed buffers, screening and
fence areas specifying materials and vegetation, include existing
vegetative cover and proposed areas of lawn and ground cover.
(b)
A general landscaping plan and planting schedule specifying
types and size of vegetation. The size of vegetation at installation
and upon maturity shall be noted on the plans.
(7)
Required additional information. In addition to the aforementioned
drawings, an applicant must submit the following information:
(a)
An estimated project construction schedule which includes startup
and completion dates and any interim dates of significance.
(b)
State Environmental Quality Review (SEQR) information and forms.
(c)
A description of all existing or proposed deed restrictions
or covenants applying to the property must be submitted.
C.
Standards for approval or disapproval. The Planning Commission's
review of the site plan documents shall include consideration of the
extent that the proposal will support the expansion of the local economy,
promote an increase in the quantity or quality of housing opportunities,
and protect the quality of existing structures and may also include,
as deemed appropriate by the Planning Commission, but not limited
to the following general considerations:
(1)
The location, arrangement, spacing, massing, height, size, architectural
design and general site compatibility of buildings, lighting and signs.
(2)
The adequacy and arrangement of vehicular traffic access and circulation,
including intersections, road widths, pavement surfaces, dividers
and traffic controls.
(3)
The adequacy and arrangement of pedestrian traffic access and circulation,
walkway structures, control of intersections with vehicular traffic
and overall pedestrian convenience and safety.
(4)
The location, arrangement, appearance and sufficiency of off-street
parking and loading.
(5)
The adequacy of stormwater and drainage facilities.
(6)
The adequacy of water supply and sewage disposal facilities.
(7)
The adequacy, type and arrangement of trees, shrubs and other landscaping
constituting a visual and/or noise buffer between the applicant's
and adjoining lands.
(8)
In the case of an apartment complex, townhouses, condominiums, cooperatives
or other multiple dwellings, the adequacy of usable open space for
recreation.
(9)
The protection, buffering, and/or screening of adjacent or neighboring
properties against noise, glare, unsightliness or other objectionable
elements of the proposed land use's performance within the community.
(10)
The adequacy of fire lanes and other emergency zones and the
provision of fire hydrants.
(11)
Special attention to the adequacy and impact of structures,
roadways and landscaping in areas with susceptibility to ponding,
flooding and/or erosion.
(12)
The adequacy of setbacks in regard to achieving compatibility
and protection to adjacent properties and residential districts.
(13)
The structure or structures, to be compatible with existing
and planned uses of adjacent properties and districts and promote
the protection of existing area character.
(14)
Consistency with the City's Comprehensive Plan.
D.
Modifications. The Planning Commission may require such additional
provisions and conditions that appear necessary for the public health,
safety and general welfare, and it may waive, in appropriate circumstances,
any of the above requirements which it deems not applicable to a particular
application.
E.
Action on preliminary application.
(1)
Within 62 days of the receipt of a complete application for preliminary
site plan approval for a major project, the Planning Commission may,
at its discretion, hold a public hearing. If a public hearing is to
be held it shall be advertised in a newspaper of general circulation
in the City at least five days before its scheduled date.
(2)
If no Planning Commission decision is made and noticed to the applicant
within 62 days following the hearing, the preliminary site plan shall
be considered approved. The Planning Commission's action shall be
in the form of a written statement to the applicant stating whether
or not the preliminary site plan is conditionally approved. A copy
of the decision of the Planning Commission shall be sufficient notice.
(3)
The Planning Commission's statement may include recommendations as
to desirable revisions to be incorporated in the final site plan,
conformance with which shall be considered a condition of approval.
If the preliminary site plan is disapproved, the Planning Commission's
statement will contain the reasons for such findings. In such case
the Planning Commission may recommend further study of the site plan
and resubmission of the preliminary site plan to the Planning Commission
after it has been revised or redesigned.
F.
Compliance with SEQR. The Planning Commission shall not take final
action on any site plan proposal until all SEQR requirements have
been addressed in accordance with 6 NYCRR Part 617.
A.
Application.
(1)
An applicant may prepare his final detailed site plan and submit
it to the Planning Commission for approval. If a preliminary site
plan was approved and more than one year has elapsed since the time
of the Planning Commission's report on the preliminary site plan or
if the Planning Commission finds that conditions have changed significantly
in the interim, the Planning Commission may declare the preliminary
site plan null and void.
(2)
The final detailed site plan shall conform substantially to the preliminary
site plan that has received preliminary site plan approval. It should
incorporate any revisions or other features that may have been recommended
by the Planning Commission at the preliminary review. All such compliances
shall be clearly indicated by the applicant on the appropriate submission.
If a landscape plan was not submitted on prior applications, such
a plan may be required with the application for final approval.
B.
Action on the final detailed site plan application.
(1)
If the application for final site plan approval is complete and satisfactory, the Planning Commission may at its discretion hold a public hearing. If a public hearing is to be held, it shall be advertised in a newspaper of general circulation in the City at least five days before its scheduled date and notice shall be given in accordance with § 300-75E(1).
(2)
Upon approving an application, the Planning Commission shall prepare
a written decision on an application for site plan review and shall
have such decision immediately filed in the offices of the City Clerk
and the Code Enforcement Officer and a copy thereof mailed to the
applicant. The Code Enforcement Officer shall then issue a building
permit to the applicant if the project conforms to all other applicable
requirements.
(3)
Upon disapproving an application, the Planning Commission shall so
inform the Code Enforcement Officer, and he or she shall deny a building
permit to the applicant. The Planning Commission shall file such disapproval
with the City Clerk and shall also notify the applicant, in writing,
of its decision and its reasons for disapproval. A copy of the appropriate
minutes may suffice for this notice.
A.
Termination.
(1)
When a site plan approval is granted by the Planning Commission,
which enables an applicant to do construction which requires a building
permit, or a site plan approval is granted by the Planning Commission
and construction which requires a building permit is necessary for
conversion to the use for which the site plan approval is granted,
and the applicant has not obtained a building permit to construct
the building or part thereof for which the site plan approval has
been granted, and has not initiated the construction work, within
two years from the date of the granting of the site plan approval,
said site plan approval shall become void.
(2)
When a site plan approval is granted by the Planning Commission,
which enables an applicant to do construction which requires a building
permit, or a site plan approval is granted by the Planning Commission
and construction which requires a building permit is necessary for
conversion to the use for which the site plan approval is granted,
and a building permit to construct the building or part thereof for
which the site plan approval has been granted has been obtained, but
the construction has not been substantially completed prior to the
expiration of the building permit, said site plan approval shall become
void.
B.
Extension. An applicant can apply to the Planning Commission for
an extension of site plan approval for the period of one year.
A.
Administration and inspections. The provisions of this article shall
be administered and enforced by the Code Enforcement Officer, who
shall have the power to make inspections of buildings or premises
necessary to carry out his duties in the enforcement of this article.
No zoning permit or certificate of occupancy required hereunder shall
be issued by the Code Enforcement Officer except after compliance
with the provisions of this article.
B.
Changes to drawings.
(1)
No site plan drawings approved by the Planning Commission shall be
changed, modified or altered in any way until the Code Enforcement
Officer reviews said proposed change, modification or alteration.
The property owner shall submit to the City Code Enforcement Officer
an application requesting a modification to an approved site plan.
Said application shall outline the details of the proposed changes,
the reasons for the proposed changes and the possible impacts of the
proposed changes. If the Code Enforcement Officer determines that
a proposed change, modification or alteration is minor, the City Code
Enforcement Officer shall approve, approve with conditions, or disapprove
of said change. If the Code Enforcement Officer determines that the
proposed change, modification or alteration of a final site plan drawing
is significant, he or she shall not take any action and shall direct
the property owners to obtain written approval from the Planning Commission.
(2)
On major projects the Planning Commission may schedule and hold a
public hearing on any proposed changes, and shall give notice of such
hearing in accordance with § 300-76E(1) of this article.
Any proposed changes to approved site plan drawings shall be reviewed
by the Planning Commission within 30 calendar days of the receipt
of a complete application by the City Code Enforcement Officer. The
Planning Commission shall approve, approve with modifications or disapprove
the request for said changes. Failure of the Planning Commission to
act on such matter within 30 days shall constitute conditional approval
of said changes. The Planning Commission may, however, table such
request for changes to site plan drawings if the Planning Commission
feels that the applicant has not provided sufficient information regarding
the changes being proposed.
C.
Performance guaranties. With site plans that involve removal of topsoil,
grading and/or excavating, a performance bond, letter of credit or
some other form of surety acceptable to the City Attorney shall be
required to ensure that site plan work is completed. No final certificate
of occupancy may be issued until all improvements shown on the site
plan drawings are installed or a sufficient performance guaranty has
been posted for improvements not yet complete.
