A.
The purpose of establishing the site plan and minor improvement plan
review processes is to guide future development and investment to
support the objectives of this chapter and promote the efficacy and
efficiency of the City's local review procedures.
B.
The intent of these review and approval procedures is to ensure future
development efforts achieve the following objectives:
(1)
Preserve and enhance the character of City of Cortland neighborhoods;
(2)
Achieve compatibility with the desired character of existing
developments, where appropriate;
(3)
Mitigate potentially negative impacts on traffic, parking, drainage,
and similar environmental quality concerns;
(4)
Improve the overall visual and aesthetic quality of the City;
and
(5)
Increase the capability of the Zoning Law to adapt to a variety
of unique circumstances.
C.
All requirements in this article are intended to further protect
the health, safety and general welfare of the City.
A.
The Planning Commission shall review site plan applications for all
uses, other than a single- or two-family owner-occupied dwelling administratively
reviewed and approved by the Zoning and Building Code Enforcement
Officers.
B.
Upon referral by the Zoning Board of Appeals, the Planning Commission
shall also review and provide recommendation for site plans of use
or area variance applications.
A.
The following actions require site plan review:
(1)
When a primary building or structure is to be erected;
(2)
When a primary building or structure is to be altered such that
its footprint or its facade is altered;
(3)
When vehicular movement, vehicular parking or a pedestrian walkway
is altered;
(4)
When surface water drainage is altered;
(5)
When exterior lighting is installed or altered;
(6)
When designed landscaping is installed or altered.
C.
The following actions for one-, two-, and multifamily dwelling alterations
are exempt from site plan review:
(1)
Alterations that are less than 12 square feet (in footprint)
as constructed.
(2)
Conforming fencing and/or screening in the Floodplain or Historic
Overlay District upon application for a permit alone.
(3)
Conforming fences, screening, and accessory structures in the
Floodplain or Historic Overlay Districts that do not otherwise require
a building permit or variance.
(4)
The repaving and restriping of existing parking lots that does
not create alterations to shape or parking space size or change traffic
patterns.
[Amended 9-3-2019 by L.L.
No. 6-2019]
A.
Application required. Applications for site plan review and approval
shall be made to the City Clerk, who shall receive and review such
application and refer it to the Planning Commission for review and
approval. As a part of the review, the Zoning Officer shall certify
that the site development plan meets all the minimum requirements
of this chapter. The completed application shall be submitted to the
City Clerk not less than 10 days prior to the next regularly scheduled
Planning Commission meeting.
[Amended 9-3-2019 by L.L.
No. 6-2019]
B.
Application requirements. The owner or the owner's agent shall prepare
and submit all applications for site plan review. No application shall
be reviewed or scheduled for public hearing until all required materials
have been received and applicable fees paid. The application shall
include, as applicable, the following information prepared by a licensed
engineer, architect, landscape architect, or surveyor:
(1)
Location name and address of owner, name of designer (if any)
of the proposed development.
(2)
Identification map showing the location of the site within the
City.
(3)
Scale, North arrow, and date.
(4)
Present zoning district in which the site is located.
(5)
Location of the site in relation to all abutting properties
and streets, and showing existing property lines, rights-of-way, and
easements.
(6)
Existing and proposed buildings structures and land uses.
(7)
A proposed layout of streets and other vehicular circulation
facilities including the location and width of driveways and type
of curbing on site, loading and maneuvering areas, and ingress and
egress to existing and prospective streets and highways.
(8)
Projected number of seating or employees, if needed, to determine
the number of parking spaces.
(9)
Any wetlands and/or floodable area included in the 100-year
floodplain.
(10)
A topographic survey extending 50 feet beyond the property line
may be required.
(11)
A storm drainage and grading plan showing the collection and
disposal of stormwaters, or, if applicable, a stormwater pollution
prevention plan.
(12)
A plan showing proposed utilities and, if required, easements.
If a private sewerage system is used, plans for the system shall bear
the stamped approval of the Cortland County Department of Health.
(13)
Existing major vegetation (trees and shrubs) and proposed landscaping
treatment including species, location, and planting size and full-growth
size.
(14)
Drawings, elevations, or sketches that illustrate the height,
bulk, and design characteristics of the proposed building, and indicate
major materials to be used.
(15)
Location and type of exterior lighting, and location and dimension
of exterior signs, including ground and wall signs.
(16)
Any other information required by the Planning Commission to
explain the proposal.
(17)
Application form, project narrative form, and SEQR documentation.
C.
The Planning Commission may waive any of the previously listed requirements
with the determination that they are unnecessary for a complete assessment
of the project.
D.
The Planning Commission may also require additional information beyond
the previously listed requirements to be presented in graphic form,
accompanied by a written text, and/or prepared by a licensed professional
if such additional materials are deemed necessary for a complete assessment
of the project.
E.
An environmental assessment shall be completed be in accordance with
the State Environmental Quality Review Act (SEQRA) of New York State,
as amended.
F.
The site plan application and associated maps shall include all proposed
phases of development. Site plan approval shall be based on the total
planned project in order to facilitate the assessment of all potential
development impacts. The Planning Commission shall consider applications
incomplete where there is reason to believe the application applies
to only a segment of the total planned project. In such situations,
the Planning Commission shall return such application to the applicant,
together with a letter stating the basis for its determination.
G.
Whenever required under §§ 239-l and §§ 239-m
of the New York State General Municipal Law, site plan review applications
must be forwarded to the County Planning Department for review prior
to final action by the Planning Commission.
H.
In reviewing site plans it shall be the responsibility of the Planning
Commission to obtain comments or approvals in writing from any relevant
City department/division before a decision on approval is made.
A.
Optional sketch plan conference.
(1)
Applicants are encouraged to schedule a sketch plan conference
with the Sketch Plan Committee prior to submitting a site plan review
application. The Sketch Plan Committee at a minimum shall consist
of the Zoning Code Enforcement Officer, Building Code Enforcement
Officer, City Engineer, and Planning Commission Chair.
(2)
The purpose of the sketch plan conference is to provide the
applicant with the opportunity to seek nonbinding, advisory direction
from the City in order to better prepare the applicant and project
application for the site plan review process.
(3)
The submission of a complete application is not required for
the purposes of a sketch plan conference.
(4)
At the sketch plan conference the Sketch Plan Committee will
provide guidance on the proposal's conformity to the adopted City
Comprehensive Plan and any other approved plans. To the extent feasible,
the Sketch Plan Committee may provide an indication of whether the
proposal is acceptable for a formal site plan application or should
be modified before expenditures for more detailed planning are made.
(5)
In order to accomplish these objectives, the applicant shall
provide the following, where applicable, prior to the scheduled sketch
plan conference:
(a)
A sketch showing the locations and dimensions of principal and
accessory structures, parking areas, signs, existing and proposed
vegetation and other existing or planned features;
(b)
A narrative describing anticipated changes to existing topography
and natural features, including state and federal wetlands;
(c)
Proposed water supply and sewage and waste disposal facilities;
(d)
Provisions for stormwater drainage, recreation and open space;
and
(e)
Measures and features to comply with flood hazard and flood
insurance regulations.
(6)
The Sketch Plan Committee may waive application requirements
for a formal site plan review that, due to character, size, location
or special circumstances, such information is not required for the
Planning Commission to properly perform site plan review.
(7)
To ensure relevancy of review and comment from the Sketch Plan
Committee, a formal site plan review application shall be submitted
to the City Clerk within six months following the sketch plan conference.
Failure to submit a formal site plan application within this six-month
period will invalidate all comment and direction provided by the Sketch
Plan Committee, and a new sketch plan conference will be encouraged.
B.
Site plan review.
(1)
Within 62 days of the receipt of a complete application for
site plan approval, the Planning Commission shall act on it, unless
the deadline is extended by mutual consent or the deadlines of the
State Environmental Quality Review Act (SEQRA) require additional
time to properly complete the required SEQRA review process.
(2)
If no decision is made within said sixty-two-day period, the
site plan shall be considered approved and the applicant so notified.
(3)
The Planning Commission's decision shall be in the form of a
written statement to the applicant, stating whether or not the site
plan is approved, disapproved, approved with conditions, or approved
by default when not reaching a timely decision.
(4)
If the site plan is disapproved, the Planning Commission's statement
shall contain the reasons for such findings. In such a case, the Planning
Commission may recommend further study of the site plan and resubmission
to the Planning Commission after it has been revised or redesigned.
C.
Issuance of decision.
(1)
Within five business days of the date of approval, the Planning
Commission shall endorse its approval on a copy of the site plan and
shall file a copy of the site plan in the City Clerk's office. A copy
of the final plan shall be forwarded to the Zoning Officer who shall
then issue a building permit and/or certificate of zoning compliance
if the project conforms to all other applicable requirements. A copy
of the written statement of approval shall be mailed to the applicant
by certified mail. The written statement shall contain a list of modifications
or conditions if required by the Planning Commission.
(2)
Within five business days of the date of disapproval, the Planning
Commission shall file the site plan and written decision with the
City Clerk, and a copy thereof shall be mailed to the applicant by
certified mail.
D.
Public hearing.
(1)
The Planning Commission may conduct a public hearing for site
plan review if considered desirable by a majority of its members.
Such hearing shall be held within 62 days of the Planning Commission's
acceptance of a complete site plan application.
(2)
In those cases where the proposed site plan involves a use subject
to review for a special use permit, the public hearing hereunder may
be held concurrently with any required public hearing under the provisions
for special use permits.
(3)
Notice of required public hearings on a site plan review must
be provided as required by the Common Council and by New York State
General City Law.
A.
Considerations. The Planning Commission shall review the site plan
application before issuing a decision based on considerations including,
but not limited to:
(1)
Adequacy and arrangement of vehicular traffic access and circulation,
including intersections, road widths, channelization structures and
traffic controls.
(2)
Adequacy and arrangement of pedestrian traffic access and circulation,
including separation of pedestrians from vehicular traffic, sidewalks,
linkages, control of intersections with vehicular traffic and pedestrian
convenience.
(3)
Location, arrangement, appearance and sufficiency of off-street
parking and loading areas.
(4)
Location, arrangement, size, design and general site compatibility
of buildings, lighting and signs.
(5)
Adequacy, type and arrangement of trees, shrubs and other landscaping
constituting a visual and/or noise-deterring buffer between the proposed
use and adjoining uses or properties.
(6)
In the case of an apartment complex or multiple dwellings, the
adequacy of usable open space for playgrounds and informal recreation.
(7)
Adequacy of stormwater management and sanitary waste disposal
facilities.
(8)
Protection of adjacent properties from noise, glare, unsightliness
or other objectionable features.
(9)
Adequacy of water supply facilities.
(10)
Overall impact on the neighborhood, including compatibility
of design and effect on the environment.
(11)
Conformance with the City Comprehensive Plan and other plans
which the City uses as a guide for appropriate development.
B.
Findings. Thereupon, the Planning Commission shall make general findings
to support its decision with regard to the following:
(1)
Whether the proposed site plan is in compliance with all other
applicable regulations of the Zoning Code, inclusive of specific district
controls, controls applicable to all districts and all other applicable
local, state and federal regulations.
(2)
Whether the proposed site plan will not have an adverse impact
upon the character or integrity of any land use within the immediate
neighborhood having an unique cultural, historical, geographical,
architectural or other special characteristic.
(3)
Whether the proposed site plan is being developed in such a
way as to insure maximum amenities available to the site based upon
a consideration of the site plan and functional requirements of the
proposed use. This shall include, but is not limited to:
(4)
Whether the proposed site plan is physically and visually compatible
with and will not impede the development or redevelopment of the general
neighborhood or adversely affect existing land use with close proximity
to the subject site.
(5)
Whether the proposed site plan will be provided with adequate
supporting public safety services such as fire and police protection,
public and private utilities and all other supporting governmental
services necessary and appropriate to the proposed use.
(6)
Whether the design of vehicular, bicycle, and pedestrian movement,
including handicapped accessibility, provides for the safety of the
general public.
(7)
Whether the parking and loading facilities are adequate and whether the location of same is appropriate. Compliance with the parking regulations set forth Article VIII shall not constitute a determination that the foregoing requirements have been satisfied.
(8)
Accessibility by emergency vehicles, with particular emphasis
on access to all buildings and structures, and provision for turning
and free movement.
(9)
Provision for snow storage.
(10)
General character and speed limits of streets in close proximity.
C.
Conditions. In approving a site plan, the decision of the Planning
Commission may be conditioned as follows. All conditions shall be
included in the written decision.
(1)
Imposition of provisions for financial security to guarantee
performance.
(2)
Time limitations on the duration and/or hours of operation of
any activity associated with the use.
(3)
Provisions for termination, conversion or recertification of
the manner of operational use.
(4)
Any other conditions considered reasonable under the circumstances.
A.
Upon approval by the Planning Commission of a site plan, it shall
have the effect only of granting permission for development of the
particular proposal in accordance with the plans, drawings, elevations
and specifications so approved. Such approval shall be deemed automatically
revoked if, within six months from the date of said approval, progress
has not been made in execution of construction of the project. The
Planning Commission may grant an extension to this provision with
a written request by the applicant for a time period determined by
the Planning Commission and agreed upon by the applicant.
A.
Applicability.
(1)
For this purposes of this chapter, "minor improvements" shall
include the placement, erection, construction, or alteration of:
(a)
Freestanding signs.
(b)
Light poles.
(c)
Fences or walls.
(d)
Accessory structures provided that said structures do not exceed
1,000 square feet of gross floor area.
(e)
Additions to existing buildings, provided that said additions
do not exceed 1,000 square feet of gross floor area and provided that
said additions are less than 25% of the area of said existing buildings.
(f)
New or enlarged paved or unpaved parking areas, provided that
said new parking areas or said parking area enlargements do not contain
more than 20 parking spaces.
(g)
Landscaping improvements that are required by other applicable
local or state laws, ordinances, codes, rules or regulations or sections
thereof.
(h)
Structures that are erected, placed, or constructed on an annual,
seasonal, or other recurring basis and which are removed from the
premises within six months of their erection, placement, or construction.
(i)
Minor alterations of previously approved site plans or minor
improvement plans, as determined by the Zoning Officer and Planning
Commission Chair.
(2)
Minor improvement plan review and approval shall not be permitted
for any use that requires the issuance of a special use permit.
B.
Application requirements. Applications for a minor improvement plan
shall be prepared and submitted in accordance with specifications
established and adopted by the Planning Commission. Such applications
shall show the arrangement, layout, and design of the proposed minor
improvement to scale.
C.
Minor improvement plan review.
(1)
The Zoning Code Enforcement Officer, Building Code Enforcement
Officer, City Engineer, and Planning Commission Chair shall conduct
all minor improvement plan reviews and issue decisions. Referrals
may be made to any City board, commission, department, or division
as necessary to assist in the review of minor improvement plans.
(2)
The previously authorized individuals, upon majority decision,
may approve, approve with conditions or modifications, or deny an
application for a minor improvement plan.
(3)
Upon the request of the reviewing parties or applicant, a minor
improvement plan may be subject to the review and approval of the
Planning Commission.
D.
Expiration of approval. Approval of a minor improvement plan shall
be valid for a period of one year following the date of decision.
However, upon written request, the Planning Commission Chair may approve
an extension of this period if in the opinion of the Planning Commission
it is warranted by the particular circumstances of the request.
