City of Rensselaer, NY Article VI Site Plan Review and Approval.

§ 179-73 Purpose and applicability.

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 of 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 undue, 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) All new uses require site plan review, with the exception of single- and two-family residential dwellings and related uses.

(2) No zoning, building, use or certificate of occupancy permit shall be issued by the Building and Zoning Administrator for any use listed, nor shall any use be changed in nature or intensity, nor shall any building be erected, moved, structurally altered, added to or enlarged, and no excavation or clearing of the subject site shall begin until a site plan review has been conducted and approved by the Planning Commission in accordance with this article.

(3) Any proposed additions to an existing building or lot or any proposed changes in the use of an existing building or lot that are subject to site plan review may require a public hearing.

(4) The applicant shall be responsible for providing the Planning Commission with detailed drawings, including but not limited to site plans, floor plans, elevations, and color renderings, of the proposed addition or change in the use of an existing building or lot. The contents of these drawings shall be in accordance with the requirements set forth in § 179-75B of this chapter and shall be provided in both hard copy and digital format.

(5) Any project which only entails the construction of a fence shall not trigger a site plan review. However, a fence that is erected as part of a new building or an addition to an existing building, or as part of the change in the use of a building, shall be subject to a site plan review.

(6) The Planning Commission 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.

(7) All construction shall be in accordance with the New York State Code, Rules and Regulations.

(8) The provisions of the State Environmental Quality Review Act (SEQR) shall apply as appropriate for all applications and improvements authorized by this article. Wherever possible, SEQR review shall be integrated into the normal project review, and environmental factors considered in the planning and review of development. The City of Rensselaer Planning Commission may be designated as the lead agency according to all applicable rules and regulations as identified in New York State Environmental Conservation Law § 8-0113 and NYCRR Part 617.6.

§ 179-74 Planning Commission review.

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 14 working days 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 in the Code Enforcement office.

C. Building and Zoning Administrator review. The Building and Zoning Administrator will review the application for completeness and notify the applicant if a waiver of document submittal requirements is granted. The Building and Zoning Administrator, in or after consultation with the Planning Director, also has the authority to determine those site plans which are minor in nature and, therefore, do not require review and approval by the City of Rensselaer Planning Commission.

D. Sketch plan conference. A sketch plan conference may be held between the Planning Commission, Building and Zoning Administrator and the applicant at the request of either party 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.

§ 179-75 Preliminary site plan approval.

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 Building and Zoning Administrator 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 § 179-76. Any preliminary application for site plan approval shall be made in writing to the Building and Zoning Administrator and shall be accompanied by 12 hard copies and one electronic copy of the following information, prepared 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 Building and Zoning Administrator, including but not limited to the following:

(1) Site plan.

(2) Grading plan.

(3) Utilities plan.

(4) Building plans.

(5) Detail plans.

(6) Landscape plans.

(7) Color renderings.

(8) Stormwater prevention pollution plan for all site plans disturbing more than one acre of land.

B. Requirements. The drawings to be provided and the information to be identified on each of the drawings is identified below:

(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 two-foot contours showing the topography of the lot and areas within 50 feet of the lot.

(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. (Refer to City of Rensselaer Comprehensive Plan for locations.)

(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 (properties).

(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 restroom facilities.

(n) Proposed routes and access points for construction traffic.

(2) Grading plan. Requirements for grading plans shall be as follows:

(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 a licensed engineer.

(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 Building and Zoning Administrator.

(e) Locations of telephone, cable and other telecommunications devices and facilities.

(4) Building plans. Requirements for building plans shall be as follows:

(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 neighborhood.

(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 groundcover.

(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 start-up 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.

(d) Stormwater pollution prevention plan (SWPP) for all site plans disturbing more than one acre. Refer to Chapter 145 of the City Code for SWPP requirements.

C. Standards for approval or disapproval. The Planning Commission's review of the site plan documents shall include, as appropriate, but is 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, including the maximum retention of existing vegetation.

(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 maximum compatibility and protection to adjacent properties and residential districts.

(13) The structure or structures, to be aesthetically compatible with existing and planned uses of adjacent properties and districts and promote the protection of existing neighborhood 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, the Planning Commission may hold a public hearing which shall be advertised in a newspaper of general circulation in the City at least five days before its scheduled date. In addition to the public notice of hearing, notice shall be given by first-class mail to all property owners of land immediately adjacent, extending 500 feet from and directly opposite thereto, a property which has a site plan review pending before the Planning Commission, at least five days in advance of the hearing. Additionally, same said notice shall be mailed to property owners of land immediately adjacent, extending 500 feet from and directly opposite thereto, an institutional or municipal boundary of if a special use permit has also been requested.

(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 617.

§ 179-76 Final detailed site plan approval.

A. Application.

(1) After receiving conditional approval from the Planning Commission on a preliminary site plan, and approval for all necessary permits and curb cuts from state and county officials, the applicant may prepare his final detailed site plan and submit it to the Planning Commission for approval, except that if more than six months 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 require a resubmission of the preliminary site plan for further review and possible revision prior to accepting the proposed final site plan for review.

(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 must be submitted 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 shall schedule a public hearing to be held within 62 days from the time of submission of the complete application, unless, however, the Planning Commission deems the final site plan to be in substantial agreement with the preliminary plat previously submitted and approved, in which case the public hearing may be waived. The hearing, if required, shall be advertised in a newspaper of general circulation in the City at least five days before its scheduled date. In addition to the public notice of hearing, notice shall be given by first-class mail to all property owners of land immediately adjacent, extending 500 feet from and directly opposite thereto, a property which has a site plan review pending before the Planning Commission, at least five days in advance of the hearing.

(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 office of the City Clerk and the Building and Zoning Administrator and a copy thereof mailed to the applicant. The Building and Zoning Administrator 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 Building and Zoning Administrator, and he shall deny a building permit to the applicant. The Planning Commission 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.

§ 179-77 Expiration of site plan approval.

[Amended 10-21-2020 by L.L. No. 9-2020]

A. Termination.

(1) Such site plan approval will automatically terminate one year after the same is granted unless a building permit has been issued and significant work has been commenced on the project. Building permits shall expire one year after the same is granted.

(2) Such site plan approval may be terminated for cause at any time after 10 days' written notice to the applicant.

(3) Such site plan approval will terminate if a property remains vacant for more than one year.

B. Extension. Prior to termination of site plan approval, an applicant may file for an extension of site plan approval for the period of six months upon the approval of the Planning Commission and Building and Zoning Administrator. Prior to expiration of such extension, an applicant may apply for one additional extension.

C. Renewal. Within one year of the expiration of site plan approval and any extension thereto, an applicant may apply for renewal of site plan approval for a period not to exceed one year from approval of such renewal.

§ 179-78 Miscellaneous.

A. Administration and inspections. The provisions of this article shall be administered and enforced by the Building and Zoning Administrator, 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 Building and Zoning Administrator 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 Building and Zoning Administrator reviews said proposed change, modification or alteration. The property owner shall submit to the Building and Zoning Administrator 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 Building and Zoning Administrator determines that a proposed change, modification or alteration is minor, he or she shall approve, approve with conditions, or disapprove of said change. If the Building and Zoning Administrator 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) The Planning Commission may schedule and hold a public hearing on any proposed changes to approved site plan drawings under conditions outlined in his section. 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 Building and Zoning Administrator. 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 certificate of occupancy shall 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.