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.
B. 
Site plan review shall not be required for alterations and facade changes that:
(1) 
Do not increase lot coverage or alter the building height or structural building components;
(2) 
Do not create a nonconformity; and
(3) 
Are not located within the Floodplain or Historic Overlay District.
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:
(a) 
Landscaping, screening, buffering;
(b) 
Lighting and signage;
(c) 
Open space, where appropriate;
(d) 
Internal and external site connections for vehicular, bicycle, and pedestrian access;
(e) 
Building arrangement and design.
(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.