[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]
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)
(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.
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.
