[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.
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]
[Amended 10-24-2022 by L.L. No. 7-2022]
A.
Where required, site development plan approval shall be secured from
the Planning Board before the grant of a Village zoning permit or
certificate of zoning compliance.
B.
An application for site development plan review shall be made on forms prescribed by the Planning Board accompanied by the information specified in § 300-43C and a fee in accordance with the Standard Schedule of Fees of the Village of Cooperstown.[1] Such application shall be submitted to the Planning Board
at least two weeks prior to the Planning Board meeting at which review
is sought. The Planning Board shall determine if the application 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.
[1]
Editor's Note: Current fees are on file in the office
of the Village Clerk.
C.
Site development plan checklist.
(1)
The application for site development plan review shall be accompanied
by a drawing that includes the following information:
(a)
Title of drawing, including name and address of applicant and
person responsible for preparation of such drawing.
(b)
North arrow, scale, and date.
(c)
Boundaries of the property plotted to scale.
(d)
Existing buildings.
(e)
Existing watercourses.
(f)
Grading and drainage plan, showing existing and proposed contours.
(g)
Location, design, type of construction, proposed use, and exterior
dimensions of all buildings.
(h)
Location, design, and type of construction of all parking and
truck loading areas, showing access and egress.
(i)
Provisions for pedestrian access, sidewalks, and bike paths.
(j)
Location of any outdoor storage.
(k)
Location, design, and construction materials of all existing
or proposed site improvements including drains, culverts, retaining
walls and fences.
(l)
Description of the method of sewage disposal and location, design,
and construction materials of such facilities.
(m)
Description of the method of securing water and location, design,
and construction materials of such facilities.
(n)
Location of emergency access and fire hydrants.
(o)
Location and proposed development of all buffer areas, including
existing vegetative cover.
(p)
Location and design of outdoor lighting facilities.
(q)
Location of any signage.
(r)
General landscaping plan and planting list.
(s)
Location of all proposed tree and brush removal.
(t)
Other elements integral to the proposed development as the Planning
Board may consider necessary to be included.
(2)
(3)
The Planning Board can waive the inclusion of any of the items required
to be included in an application for site development plan review,
other than the fee in accordance with the Standard Schedule of Fees,
that it deems unnecessary in a particular application.
[Amended 10-24-2022 by L.L. No. 7-2022]
A.
Prior to filing a final site development plan, the Planning Board shall review the application for preliminary site development plan concept approval. The applicant shall submit all application materials provided for in § 300-43C in as much detail as possible to enable the Planning Board to come to a preliminary conclusion as to the merits of the proposal. If the applicant seeks modifications from the requirements of this chapter, their nature and degree must be specified. The application 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 laws, rules, and regulations
of the Village of Cooperstown. If the Planning Board grants concept
approval, with or without conditions, it shall authorize the applicant
to file a final site development plan. The Planning Board shall also
schedule a public hearing for consideration of the final site development
plan. The notice of public hearing shall not be made before the applicant
files the final site development plan.
A.
The Planning Board shall not consider the final site
development plan until the requirements of the State Environmental
Quality Review Act[1] have been complied with. If the site development plan
application has been granted a special use permit by the Village Board
of Trustees or Board of Appeals, the Planning Board shall ensure conformity
with any special use permit requirements.
[Amended 10-24-2022 by L.L. No. 7-2022]
[1]
Editor's Note: See Environmental Conservation Law § 8-0101
et seq.
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)
(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"[3]) 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.
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.
