City of Port Jervis, NY Article XV Planning Board

§ 535-80 Site development plan rules and regulations.

A. In all cases where this chapter requires authorization and approval of plans by the Planning Board, no building permit shall be issued by the Building Inspector except upon authorization of, and in conformity with the plans approved by, the Planning Board. All uses other than one-family detached dwellings or for additions, alterations or structures accessory require site plan approval by the Planning Board.

B. Pre-submission conference. Site plan applications may, at the discretion of the Code Enforcement staff and the Planning Board, have an optional pre-submission conference.

(1) The purpose of such conference shall be to give both the City and the applicant an opportunity to gain a better perspective on the ramifications of the proposal. This conference does not constitute a formal submission of an application. The applicant may prepare a sketch plan and narrative description of the project and provide copies as requested by Code Enforcement staff and members of the Planning Board prior to the pre-submission conference.

(2) The Code Enforcement staff and members of the Planning Board may provide project direction and feedback on the sketch plan to the applicant, based on the professional expertise of Code Enforcement staff and members of the Planning Board, the City's current planning documents and the design guidelines and other requirements of this chapter.

C. Applicability.

(1) No site development plan approval shall be required for single-family detached residential uses or for additions, alterations or structures accessory thereto. All other principal uses, conditional uses and expansions of nonconforming or noncomplying uses shall require a site plan approval prior to the issuance of a building permit or certificate of occupancy/compliance. No lot or parcel of land shall be used except in conformity with an approved site development plan, when required.

(2) Site plans for all permitted uses or uses permitted by right, and expansions thereof, or changes of use which do not require a variance or conditional use permit, or expansions of nonconforming or noncomplying uses which do not require a variance and are allowed in this chapter, shall be reviewed and approved by the Building Official.

(3) Site plans for all conditional uses, or uses which require a variance, shall be reviewed and approved by the Planning Board.

(4) Any approvals by the Building Official given pursuant to this section shall be reported to the Planning Board at the next regularly scheduled meeting of the Planning Board.

(5) Site plans for new construction of all uses except for single-family dwellings shall be reviewed and approved by the Planning Board.

D. Application fee. All applications made to the Planning Board or Building Official shall be in writing on forms prescribed by the Planning Board or Building Official and shall be accompanied by a fee as determined by the fee schedule of the City of Port Jervis.

(1) A site plan requiring Planning Board approval shall be submitted to the Planning Board Secretary at least 14 days prior to the Planning Board meeting at which review is sought. Of the 15 copies required, the Building Official shall retain one copy and send two copies to the Director of Public Works.

(2) A site plan requiring Building Official approval shall be submitted to the Building Official with four copies.

E. Sketch plan. For purposes of an initial informal submission, the applicant should provide a sketch plan with as much information as may be required by the Planning Board to determine basic conformance with applicable regulations and to determine the exact nature of SEQRA review required. The sketch plan review by the Planning Board shall not constitute a formal review, and no approval can be granted based on it. At this time, the applicant should outline any modifications he/she is requesting from the requirements specified herein. In the event that a conditional use approval is required, or that a draft environmental impact statement will be required to be submitted, the Planning Board shall simultaneously consider all applications and documents.

F. Preliminary approval. If a particular application is, in the opinion of the Planning Board, of sufficient complexity to warrant review in stages, the Planning Board may defer the submission of certain required detailed engineering work at time of public hearing, rendering a preliminary decision on the basis of a less than complete submission and a final decision only on the basis of a complete submission (similar to the review of a major subdivision according to the City Subdivision Regulations).[1]

[1] Editor's Note: See Ch. 470, Subdivision of Land.

G. Materials to be submitted. The following information must be submitted to the Planning Board or Building Official for site plan approval, unless items are specifically waived by the Planning Board or Building Official as not being relevant to the particular site, building or use which is part of the application.

(1) Map.

(a) General location. A location map at a minimum scale of one inch equals 2,000 feet to indicate the relationship of the proposed development to significant existing community facilities which will serve or influence the layout, such as shopping areas, schools, parks, employment centers, churches, firehouses, etc.; also the relationship of the proposed development to the nearest public roads on all four sides, and the relationship to adjacent parcels, as well as all streams, drainage and watercourses. This map (which may be based on the pertinent Tax Map) shall be set into the site plan and shall include a North point and indication of scale.

(b) Site plan. A map of the entire contiguous holding at a scale preferably not less than one inch equals 200 feet indicating the location of that portion which is to be developed in relation to the entire tract, and the distance to the nearest existing street intersection, showing the following:

[1] Acreage of each distinct land use and the proposed density of each (if residential uses are proposed).

[2] The names of all owners of record of adjacent property.

[3] Existing school, zoning, and special district boundaries within 100 feet of the tract.

[4] Boundaries of the property with surveyed dimensions.

[5] Location of all existing structures on the site as well as those on adjacent property within 100 feet of the subject lot lines.

[6] The proposed location, height, spacing and use of all proposed and existing buildings, structures, and outdoor signs and storage, if any.

[7] The proposed location of any use not requiring a structure, including walkways, benches, fences, and recreational facilities.

[8] Locations of existing and proposed usable open spaces and recreational areas, and their landscaping.

[9] All existing and proposed means of vehicular access and egress from the site, and all streets which are either proposed, mapped or built.

[10] Location and design of all driveways, off-street open and enclosed (if any) parking and loading areas, with the number of stalls provided therewith, and curbing provided or to be provided.

[11] Location of all existing and proposed waterlines, valves, and hydrants, all sewer lines, and other utilities.

[12] Existing drainage features (e.g., culverts, marshes, ponds and streams) of the property and within 100 feet thereof, and the proposed storm drainage system.

[13] Existing and proposed fencing, landscaping, buffer strips and screening, where required.

[14] Proposed location, direction and type of outdoor lighting.

[15] Existing and proposed contours with intervals of five feet or less extending 100 feet beyond the tract, if grades exceed 3%, or portions of the site have a moderate to high susceptibility to erosion, or a moderate to high susceptibility to flooding and ponding.

[16] Location of existing rocky outcrops, isolated trees over 12 inches in caliper and all trees over 24 inches in caliper, orchards, hedges, and other ornamental landscaping, wooded areas, stone walls, roads or lanes, power lines, easements and other natural features and improvements thereto on the property and within 100 feet thereof.

[17] Where the applicant wishes to develop the project in stages, a site plan indicating ultimate development shall be presented.

[18] Boundaries and identification of existing soil types as may be found in Soil Survey of Orange County, New York.

(2) Supporting materials.

(a) A copy of each covenant, easement or deed restriction in effect or intended to cover all or part of the tract.

(b) Letter of approval from the City Department of Public Works relative to access to a public road under its jurisdiction.

(c) Written offers of easement to the City of Port Jervis or other public agencies for purposes of stormwater drainage, utility right-of-way, etc.

(d) A copy of the deed to the property as most recently filed and/or a copy of the executed contract of sale.

(e) Plans and plan elevations, except structural and mechanical plans, of all proposed or proposed to be altered buildings or structures, or accessory structures, including all proposed freestanding signs.

(f) In the case of uses requiring approval of the Orange County Department of Health and/or New York State Department of Environmental Conservation, the approval of said Department(s).

(g) Accompanying statement setting forth the nature of all proposed modifications of existing zoning provisions.

(h) Letters of review from the City Police Department and the City Fire Department.

(i) Short (or long, as determined by the Planning Board) State Environmental Quality Review Act (SEQRA) assessment form, properly completed.

H. General considerations. In authorizing any use, the Planning Board or Building Official shall take into consideration the public health, safety and general welfare and the comfort and convenience of the public in general and of the prospective occupants of the proposed development and residents of the immediate neighborhood in particular and may attach reasonable conditions and safeguards as a precondition to its approval. The Board shall consider the special conditions set forth for any use requiring Planning Board authorization in Article XV and the following general objectives:

(1) Traffic access. All proposed traffic accessways are adequate but not excessive in number; adequate in width, grade, alignment and visibility; not located too near street corners or other major access points or places of public assembly; located on a roadway capable of adequately and safely handling the additional traffic; and will provide for other similar safety considerations.

(2) Circulation and parking. Adequate off-street parking and loading spaces are provided to prevent parking in public streets of the vehicles of any persons connected with or visiting the use and the interior circulation system is adequate to provide safe accessibility to all required off-street parking.

(3) Landscaping and screening. All recreation areas, parking and service areas are reasonably screened at all seasons of the year from the view of adjacent residential lots and streets and the general landscaping of the site is in character with that generally prevailing in the neighborhood. As approved by the Planning Board or the Building Official, any such required landscaping and screening shall be bonded, as provided for elsewhere in this chapter. Existing trees over 12 inches in caliper should be preserved to the maximum extent possible. Roadside plantings shall be in conformance with the requirements of the City Department of Public Works.

(4) Character and appearance. The character and appearance of the proposed use, buildings, and/or outdoor signs will be in general harmony with the character and appearance of the surrounding neighborhood and that of the City of Port Jervis and will not adversely affect the general welfare of the inhabitants of the City of Port Jervis, such determination to be made by the City's Design Review Board. Signs and lights will be compatible and in scale with building elements and will not represent significant impact on the environment or result in a waste of the land and other natural resources of the City. To the greatest possible extent, development will be in harmony with the natural environment, and adequate mitigating measures will be taken to offset potential significant deterioration resulting from the project. Signs shall conform to size, shape, color, materials and location as called for by the Planning Board, the Design Review Board and/or the Building Department.

(5) Development. The site development plan elements, including buildings, parking, drainage, circulation, signs and lighting, will not adversely affect the potential of adjacent properties or the property under review from its highest and best use.

(6) Fire and police protection. All proposed structures, equipment or material shall be readily accessible for fire and police protection.

(7) Harmony. The proposed use shall be in such location, size and character that, in general, it will be in harmony with the appropriate and orderly development of the district in which it is proposed to be situated and will not be detrimental to the orderly development of adjacent properties in accordance with the zoning classification of such properties.

(8) In or adjacent to residence district. In addition to the above, in the case of any use located in, or directly adjacent to, a residence district:

(a) The location and size of such use, the nature and intensity of operations involved in or conducted in connection therewith, its site layout and its relation to access streets shall be such that both pedestrian and vehicular traffic to and from the use and the assembly of persons in connection therewith will not be hazardous or inconvenient to, or incongruous with, said residence district or conflict with the normal traffic of the neighborhood; and

(b) The location and height of buildings, the location, nature and height of walls and fences, and the nature and extent of landscaping on the site shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings or impair the value thereof.

(9) Environmental consideration. The proposed use shall not have a significant adverse environmental impact as defined by the New York State Environmental Quality Act. In the event that any aspect of the proposed use might have a significant environmental impact, the Planning Board shall require either a special report of limited scope, or a draft environmental impact statement of enlarged scope, addressing the background information, the anticipated impact(s), and the proposed mitigation measures.

(10) Dumpster enclosure and screening requirements. If a person or commercial establishment as defined in Chapter 457 of the Code uses or maintains a dumpster the following requirements for enclosure or screening shall apply:

(a) The enclosure shall provide complete visual screening.

(b) The enclosure shall be compatible in color with the principal structure on the lot.

(c) The enclosure shall be a three-sided masonry or concrete enclosure, six feet in height with a solid, swing-open gate, door or fence made from a suitable material. The gate, door or fence shall be equipped with an appropriate mechanism for holding the doors open only during garbage pickup operation and shall close securely.

(d) The enclosure and/or screening shall be kept in good repair or condition and all garbage, refuse, rubbish or waste shall be kept only within the container and permit the lids on said container to remain completely closed at all times.

(e) The Planning Board may also require a roof if the site is sloped and adjoining neighbors are at a higher elevation, making the containers visible.

(f) Any other requirements with respect to dumpsters or solid waste as defined in Chapter 457 of the Code shall also apply.

I. Public hearing. The Planning Board shall not authorize any use requiring approval of plans by the Planning Board without first holding a public hearing. Notice of the hearing and the substance of the application shall be given by publication in the official newspaper of the City at least 10 days before the date of such hearing. In addition to such published notice, the applicant shall cause notice to be given of the substance of the application together with notice of the hearing thereon by causing notices thereof to be mailed (certified mail, return receipt requested) at least 10 days before the date of the hearing to the owners of the property abutting that of the applicant and all other owners of property within 300 feet, or such additional distance as the Planning Board may deem advisable, from the exterior boundaries of the land involved in such application, as the names of said owners appear on the last completed assessment roll of the City. At the discretion of the Planning Board, the Secretary of the Planning Board or the applicant shall furnish proof of compliance with the notification procedure, all costs required and fees assessed by the Secretary of the Planning Board to be borne by the applicant. Any or all of the notices required by this section shall be issued by the Secretary of the Planning Board on order of the Planning Board or upon order of the Chairperson of the Board if the application is received when the Board is not in session and the Chairperson deems it necessary or desirable to expedite the public hearing on such application. Provided that due notice shall have been published as above provided and that there shall have been substantial compliance with the remaining provisions of this section, the failure to give notice in exact conformance herewith shall not be deemed to invalidate any action taken by the Planning Board. This same public hearing may serve the purposes of SEQRA, the contents of the draft environmental impact statement (if required) also being the proper subject of public comment.

J. Notification of adjacent municipality. If the land involved in any application lies within 500 feet of the boundary of any other municipality, the City Clerk-Treasurer shall also transmit to the municipal Clerk of such other municipality a copy of the official notice of public hearing thereon not later than the day after such notice appears in the official newspaper of the City.

K. Referral to county. Should any proposed site plan approval, conditional use approval, or special permit consist of or include any of the following conditions, the Planning Board shall notify the City Clerk-Treasurer, who shall, prior to final action by said Board, refer the proposal to the Orange County Planning Department in accordance with §§ 239-1 and 239-m of Article 12-B of the General Municipal Law on the form titled "County Zoning Referral."

(1) Any site development plan involving real property lying within a distance of 500 feet from:

(a) The boundary of any village or town.

(b) The boundary of any state park or other recreation area.

(c) The right-of-way of any county or state parkway, thruway, expressway, or other controlled access highway.

(d) The right-of-way of any stream or drainage channel owned by the county or for which the county has established channel lines.

(e) The boundary of any county- or state-owned land on which a public institution is located.

L. Action on application. Within 62 days after the date of such hearing, the Planning Board shall approve with or without modification or disapprove such site plan, and the grounds of a modification, if any, or the grounds for disapproval shall be stated upon the records of the Planning Board. Notwithstanding the foregoing provisions, the time in which the Planning Board must take action on such site plan may be extended by mutual consent of the applicant and the Planning Board. When so approving a site plan, the Planning Board shall state in writing such revisions, if any, as it deems necessary to be made prior to submission of the site plan in final form for signature by the Chairperson. An approval of a site development plan by the Planning Board shall expire unless a building permit is secured within six months of the approval and unless actual construction is begun within nine months of the approval. The decision of the Planning Board shall be certified by the Chairperson of the Planning Board and filed in the office of the City Clerk-Treasurer and a copy thereof mailed to the applicant.

M. Improvements. 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 water are carried into approved watercourses and drainage systems shown on the Official Map. The Planning Board shall further require that all such off-site improvements and/or drainage systems be installed on property granted to the City by fee, easement or otherwise, as determined by the Planning Board.

(1) No certificate of occupancy/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 City.

(2) A partial certificate of occupancy/compliance for a period of 90 days, but not more than one year in the aggregate, for a building, structure or part thereof may be issued before all the on-site improvements are complete; provided, nonetheless, that such portion or portions of the site improvements as are necessary to permit the site to be occupied safely without endangering life or the public welfare have been completed. The Building Official shall require a cash deposit to insure and guarantee the completion of the on-site improvements. The Building Official or the Planning Board's professional consultants shall determine the sum of such cash deposit.

N. Field changes. The site shall be developed in strict conformity with the approved site development plan, except as provided for below. When the approval of a minor field change is requested of the Building Official or other appropriate City agency, 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 or Building Official, with the approval of the appropriate agency noted thereon or appended thereto, within five days of such approval. Such change shall be deemed acceptable if not acted upon by the Planning Board within 45 days or Building Official within five days.

O. Signing of plan.

(1) Upon submission of the final site development plan with modifications required by the Planning Board or Building Official in its final approval and upon satisfaction of any conditions imposed by such approval, the Chairperson of the Planning Board or Building Official shall sign the approved site development plan and file one copy with the Building Official, who may thereafter issue a building permit or certificate of occupancy/compliance in reliance thereon.

(2) After approval is granted, with or without conditions, to any site plan the applicant or his representative shall present the plan to the Planning Board for signature of the Planning Board Chairperson within 60 days after the vote granting approval or conditional approval. If the plan is not presented in final approved form within said 60 days, the site plan approval shall be deemed null and void.

P. Renewal of permit. The Board may require that its approval be periodically renewed. Such renewal shall be granted and may be withheld only upon a determination by the Building Official to the effect that such conditions as may have been prescribed by the Board in conjunction with the issuance of the original permit have not been, or are being no longer, complied with. In such cases, a period of 60 days shall be granted the applicant for full compliance prior to the revocation of said permit. Any use authorized by the Planning Board shall be deemed to be a conforming use in the district in which such is located, provided that:

(1) The provision in this chapter under which such permit was issued is still in effect;

(2) Such permit was issued in conformity with the provisions of this chapter; and

(3) Such permit shall be deemed to affect only the lot or portion thereof for which such permit shall have been granted.

Q. Maintenance. It shall be the duty of every property owner to maintain his/her property in conformity with the approved site development plan. Failure to do so may constitute a violation of this chapter, resulting in civil or criminal penalties, forfeiture of bonds, suspension of consideration of all applications before the Planning Board relating to the same property, and other remedies deemed necessary by the appropriate authorities.

R. Expansion of existing structure subsequent to site plan review and approval. Any principal or accessory structure incorporated within a site plan approved by the Planning Board and granted a special use permit under the provisions of this section subsequently may be expanded by not more than 15% of its ground floor area in square feet, upon the granting of a duly issued building permit. Enlargement of any such structure by more than 15% of its ground floor area in square feet requires approval by the Planning Board acting upon a new application under the full provisions of the section.

§ 535-81 Stated policy relative to the Central Business and Neighborhood Mixed-Use Districts.

A. Policy. Relative to the Central Business and Neighborhood Mixed Use Districts, it is the stated policy of the City of Port Jervis to:

(1) Achieve a dynamic mix of higher-density uses that will generate a high level of mutually beneficial interrelationships between the business community and its clients/customers and within the business community itself.

(2) Provide an ample supply of decent housing for those who would most benefit from being able to walk to places of employment and to places providing goods and services, thus enriching the vitality of the area through a strong resident population.

(3) Achieve a reasonable pedestrian scale (with circulation assisted by sidewalks, malls, bridges, elevated walkways, mini parks, etc.) that encourages walking between two or more places of business and that encourages lingering and relaxing out-of-doors as weather permits.

(4) Provide an adequate supply of short- and long-term municipal and private parking to serve customers, merchants, employees, residents, tourists, and commuters.

(5) Generate a sufficient tax base that will support a high level of public services and amenities.

B. Effectuation. In order to effectuate this policy, the Planning Board, in performing site plan reviews and in issuing conditional use permits, shall be guided by the following considerations:

(1) Multistory, multi-use structures. The scale of operation of the Central Business and Neighborhood Mixed Use Districts requires an optimum high density of usage for each and every property located therein. In order to support the higher costs of traffic control and parking facilities, pedestrian circulation, street furniture and lighting, and police and fire protection, multistoried and, wherever appropriate, multi-use structures should be encouraged, but not required.

(2) Accessory residential uses. In addition to owner/caretaker-occupied residences accessory to principal uses this chapter encourages residential apartments on the second floor and above in multistoried, multi-use structures. To achieve this intention, the Planning Board shall:

(a) Discourage any single-storied structures.

(b) Permit no dwelling units on the first (or ground) floor.

(c) Require usable open space (exterior) and common lounge/recreation area (interior) to be provided for all structures containing three or more dwelling units.

(d) Require the provision of an enclosed refuse collection area.

(e) Require the provision of a centralized coin-operated facility, if laundry facilities (washer and dryer) are not provided within each dwelling unit. (No external clothes drying shall be permitted.)

(f) Require the provision of safety protection devices (perforated plexiglass or childproof ornamental bars) for all openable windows above the first floor.

(g) Require a design that assures that all deliveries will be made to the rear of the building, where possible.

(3) Parking.

(a) The developers of all existing structures which cover 75% or more of the parcel on which they are located, in which a change of use is proposed or which is proposed for enlargement, and which is not able to provide the requisite number of on-site parking spaces set by this chapter, shall not be required to provide off-street parking. However, no existing parking spaces may be eliminated. The developers of all new structures on vacant lots shall meet the requisite number of on-site parking spaces. For existing structures occupying less than 75% of a lot the developer shall provide as many parking spaces as possible.

(b) In calculating required parking spaces for an expansion, the applicant shall only be required to provide the number of spaces needed for the expansion area. In the case of a change of use, parking spaces are only required if the new use has a greater parking requirement that the previous use, and then only the additional number of spaces shall be required.

(c) Laundromats within the Central Business District must have at least 10 on-site parking spaces available for customers.

(d) The purpose of this Subsection B(3)(d) is to allow gymnasiums, physical fitness centers and/or health club facilities as conditional uses within the Central Business District, provided that at least 30 on-site parking spaces for customers are available.

(e) The purpose of this Subsection B(3)(e) is to allow self-storage warehouses as conditional uses within the Central Business District, provided that at least 10 on-site parking spaces for customers are available.

(4) Loading facilities. The standards of § 535-67 of this chapter shall prevail relative to deliveries to, and shipping from, all new or enlarged structures in the Central Business and Neighborhood Mixed-Use District. In order to avoid, to the greatest extent possible, the use of City streets and sidewalks for these purposes, the Planning Board shall assist the applicant in exploring all possible alternatives, including joint ventures among two or more property owners in the provision of alleys via which loading facilities would obtain access.