Village of Cooperstown, NY
Otsego County
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[Amended 11-24-2014 by L.L. No. 16-2014]
A. 
All uses require site development plan approval by the Planning Board prior to the issuance of a zoning permit.
B. 
Exceptions:
(1) 
A use which involves no new enclosed and permanent structure.
(2) 
Construction or expansion of a single-family or a two-family dwelling or construction or expansion of an accessory residential structure.
(3) 
Construction or expansion of a nonresidential principal or accessory structure for a use permitted by right and involving new/additional gross square footage of less than 4,000 square feet, where no zoning variances are required.
(4) 
Construction, expansion or a change in use of a nonresidential principal or accessory structure which requires a special use permit and involves new/additional gross square footage of less than 1,200 square feet, where no zoning variances are required.
(5) 
These exceptions shall not apply if any of the following conditions exist:
(a) 
The use is located within the Waterfront Development Overlay District;
(b) 
The use is within 100 feet of a wetland; or
(c) 
The use occurs on a steep slope.
C. 
No parcel of land shall be used except in conformity with an approved site development plan when such is required.
In considering and acting upon site development plans, the Planning Board shall take into consideration the public health, safety and welfare, the comfort and convenience of the public in general and of the prospective occupants of the proposed development and of the immediate neighborhood in particular, and may prescribe such appropriate conditions and safeguards as may be required in order to further the expressed intent of this chapter and accomplish the following objectives in particular:
A. 
Traffic access. All proposed traffic accesses will be adequate but not excessive in number; adequate in width, grade, alignment and visibility; not located too near street corners or other major access points; and conform to other similar safety considerations.
B. 
Circulation and parking. Adequate off-street parking and loading spaces will be provided to prevent parking of vehicles on public streets. The interior circulation system will be adequate to provide safe accessibility to all required off-street parking.
C. 
Landscaping and buffering. All parking and service areas will be buffered from abutting parcels zoned residential or legally used for residential purposes.
[Amended 11-24-2014 by L.L. No. 16-2014]
D. 
Compatibility. Signs and lights will be compatible and in scale with building elements and will not predominate the overall visual impact of the project. Textures of buildings and paved areas will be sufficiently varied to prevent a massive or monolithic appearance, particularly areas of asphaltic paving for parking.
E. 
Environment. The design, layout and operational characteristics of the proposed use will not represent significant adverse impact on the environment or result in a waste of the land and other natural resources of the Village. To the greatest possible extent, development will be in harmony with the natural environment and adequate compensatory devices will be prescribed to offset potential significant deterioration resulting from the project. Trees are recognized to provide various benefits to the environment, including the stabilization and preservation of the soil, the absorption of air pollutants, and the provision of oxygen, and further provide natural barriers to noise and habitats for wildlife while maintaining and offering an intrinsic aesthetic quality.
F. 
Development. The site development plan elements, including buildings, parking, drainage, stormwater and erosion control management, circulation, signs and lighting will not adversely affect the potential of adjacent properties or the property under review from its highest and best use.
[Amended 11-24-2014 by L.L. No. 16-2014]
G. 
Nearby properties. In the case of residential districts, parking, pedestrian and vehicular circulation, lighting and noise associated with the proposed plan shall not interfere with neighboring property owners' right to enjoy the residential character of their property.
[Added 4-21-2003 by L.L. No. 4-2003]
A. 
Prior to application for a building permit or certificate of zoning compliance, where required, site development plan approval shall be secured from the Planning Board. No site development plan shall be considered until the requirements of the State Environmental Quality Review Act (SEQRA)[1] have been complied with. The applicant has the option of choosing between a formal application for approval and an informal submission for review. The Site Development Plan Rules and Regulations, as adopted by the Planning Board, provide detailed specifications as to application materials. For purposes of an informal submission, the applicant should provide as much information as he can, keeping in mind the specific criteria specified in the Site Development Plan Rules and Regulations. The preapplication review by the Planning Board shall not constitute a formal application, and no approval can be granted based on it. At this time, the applicant should outline any modifications he is requesting from the requirements specified in the Site Development Plan Rules and Regulations.
[1]
Editor's Note: See Environmental Conservation Law § 8-0101 et seq.
B. 
Submissions for site development plan review shall be made on forms prescribed by the Planning Board and accompanied by a fee in accordance with the Standard Schedule of Fees of the Village of Cooperstown.[2] Such submission shall be submitted to the Planning Board at least three weeks prior to the Planning Board meeting at which review is sought. The Planning Board shall determine if the submission is in proper form and, if so, shall cause it to be referred to such Village departments, agencies and consultants as are necessary to evaluate the proposal.
[2]
Editor's Note: Current fees are on file in the office of the Village Clerk.
A. 
An applicant, at his discretion, may submit prior to a formal application for final site development plan approval an application for preliminary site development plan approval. The applicant shall submit all application materials provided for in the Site Development Plan Rules and Regulations in as much detail as he feels is warranted to enable the Planning Board to come to a preliminary conclusion as to the merits of the proposal. Should variances from the requirements of this chapter be contemplated, their nature and degree should be specified. The application for preliminary approval shall be made and processed in the manner specified in § 300-43B.
B. 
The Planning Board will review the proposed plan and may grant concept approval with such conditions as are necessary to ensure conformity of said plans with the general and specific criteria set forth in this chapter and other applicable rules and regulations of the Village of Cooperstown. The Planning Board shall authorize the setting of a public hearing for consideration of a final site development plan. In reviewing a site development plan application which has been granted a special permit by the Village Board or Board of Appeals, the Planning Board shall ensure conformity with any special permit requirements.
A. 
An application for final site development plan approval shall be made in the same manner as prescribed for preliminary approval as specified in the Site Development Plan Rules and Regulations.
B. 
The final site development plan and all supporting materials shall be subject to review and consultation in the same manner as the preliminary site development plan. The Planning Board shall make a determination on the application within 62 days of the close of the public hearing. In the event no determination is made within 62 days, and the applicant has not waived the time requirements, the application shall be deemed approved. The Board shall include such conditions of approval as were required and in addition:
(1) 
The Planning Board shall require that on- or off-site improvements be installed, including but not limited to on- or off-site drainage systems to ensure that all drainage, storm runoff and subsurface waters are carried into approved watercourses and drainage systems. The Planning Board shall further require that all such off-site improvements and/or drainage systems be installed on property granted to the Village by fee, easement or otherwise, as determined by the Planning Board.
(2) 
The Planning Board shall require appropriate safeguards to prevent the pollution of surface water or groundwater and the erosion of soil both during and after construction consistent with other regulatory authorities.
[Added 11-24-2014 by L.L. No. 16-2014]
(3) 
The Planning Board may grant, with or without conditions, a modification or a waiver to the restrictions set forth in Code § 300-31C.
[Added 11-23-2015 by L.L. No. 13-2015[1]; amended 2-22-2016 by L.L. No. 2-2016]
[1]
Editor's Note: This local law also redesignated former Subsection B(3) and (4) as Subsection B(4) and (5), respectively.
(4) 
No certificate of zoning compliance shall be issued for the site until all the improvements shown on the site development plan, including off-site requirements required by the site development plan, have been duly installed and all easements and property interests granted or dedicated to the Village.
(5) 
The site shall be developed in strict conformity to the approved site development plan except as provided for below. When the approval of a field change (see definition of "field change"[2]) is requested of the Codes Official, such request shall be submitted to the appropriate inspecting agency in writing. No field change shall be valid unless a copy of the requested change is filed with the Planning Board, with the approval of the appropriate agency noted thereon or appended thereto, within five days of such approval. Such field change shall be reviewed with the Planning Board before being approved and shall not be granted if a majority plus one of the membership of the Planning Board disapproves of such field change.
[2]
Editor's Note: See § 300-84.
Upon submission of the final site development plan with modifications required by the Planning Board in its final approval, and upon satisfaction of any conditions imposed by such approval, the Chairman of the Planning Board shall sign the approved site development plan and file one copy with the Codes Official, who may thereafter issue a building permit.
An application for an amendment of any approved site development plan for a site which has received prior final site development plan approval shall be processed in accordance with the preceding provisions. However, only those site development plan elements proposed to be modified or changed need be presented, except where such modifications or changes have a material and substantial impact on the balance of the site development plan and functioning of the site. The applicant's licensed design professional shall submit a letter, and a drawing when necessary, indicating the scope of the proposed change no later than 21 days before a Planning Board meeting for a determination by the Planning Board as to whether the proposed amendment shall require a public hearing. Fees for an amended site development plan approval shall be in accordance with the Standard Schedule of Fees of the Village of Cooperstown.[1]
[1]
Editor's Note: Current fees are on file in the office of the Village Clerk.
It shall be the duty of every property owner to maintain his property in conformity with the approved site development plan. Failure to do so shall constitute a violation of this chapter.