[Ord. No. 4, 2-3-2021]
Prior to the issuance of a building permit, special use permit
or an occupancy permit for any use requiring site plan review, the
Commissioner of Urban and Economic Development shall refer the application
and all application materials as specified herein to the Planning
Board.
[Ord. No. 4, 2-3-2021]
A meeting shall be held between the Commissioner of Urban and
Economic Development, the City Engineer, and the applicant to review
the basic site design concept. The staff may recommend revisions or
modifications as appropriate to ensure that the proposed development
will be in harmony with the rest of the community and environment.
The applicant shall provide the following in addition to a sketch
plan describing what is proposed:
(a)
An area map at the scale of one inch equals 2,000 feet showing
the parcel under consideration for site plan review, and all properties,
water bodies, streets, and easements within 200 feet of the property
boundaries.
(b)
A map of site topography at no more than five-foot contour intervals.
If general site grades exceed 5% or portions of the site have susceptibility
to erosion, flooding, or ponding, a soil overlay and a topographic
map showing contour intervals of not more than two feet of elevation
should be provided.
(c)
After staff review, upon referral to the Planning Board, the
Board may determine that the information provided is sufficient to
grant approval and may waive preliminary and final requirements and
approve the sketch plan as agreed to by the applicant and the Board
if it determines that such approval is in the interest of the public
health, safety, and welfare.
[Ord. No. 4, 2-3-2021]
(a)
An application for preliminary site plan review and approval
shall be accompanied by a fee in the amount specified in the fee schedule.
(b)
For all preliminary site plan applications, a public hearing
shall be required.
(c)
Anticipated costs which the Planning Board expects to incur
due to consulting services or other review costs shall be paid by
the applicant and placed in an escrow account. Any unspent funds shall
be returned to the applicant within five days of the Planning Board
action on the final site plan.
[Ord. No. 4, 2-3-2021]
An application for preliminary site plan review shall include
but not be limited to the following:
(a)
Adequacy and arrangement of vehicular traffic access and circulation,
including intersections, road widths, pavement surfaces, dividers
and traffic control.
(b)
Adequacy and arrangement of pedestrian traffic access and circulation,
walkway structures, control of intersections with vehicular traffic
and overall pedestrian convenience.
(c)
Location, arrangement, appearance and sufficiency of off-street
parking and loading.
(d)
Location, arrangement, size, design and general site compatibility
of buildings, lighting and signs.
(e)
Adequacy of stormwater and drainage facilities.
(f)
Adequacy of water and sewage disposal facilities.
(g)
Adequacy, type and arrangement of trees, shrubs and other landscaping
constituting a visual and/or noise buffer between the applicant’s
and adjoining lands, including the maximum retention of existing vegetation.
(h)
In the case of multifamily dwellings, the adequacy of usable
open space for play areas and informal recreation.
(i)
Protection of adjacent or neighboring properties against noise,
glare, unsightliness or other objectionable features.
(j)
Adequacy of fire lanes and other emergency zones and the provisions
of fire hydrants.
(k)
Special attention to the adequacy of structures, roadways, and
landscaping in areas with susceptibility to ponding, flooding and/or
erosion.
(l)
Overall sensitivity to the environment.
[Ord. No. 4, 2-3-2021]
The Planning Board shall consult with its professional planning
staff with regard to each site plan presented to it. In addition,
the Board may consult with the Department of Public Works, the City
Engineer, representatives of federal, state and county agencies as
well as its designated private consultants.
[Ord. No. 4, 2-3-2021]
The Planning Board may conduct a public hearing. If a public hearing is considered desirable by a majority of the members of the Planning Board, such public hearing shall be conducted within 62 days of the receipt of a complete application for site plan approval and public notice shall be given in accordance with the provisions of Article II.
[Ord. No. 4, 2-3-2021]
(a)
The proposed development is subject to the provisions of the
State Environmental Quality Review Act (SEQRA). As early as possible,
the Planning Board should identify the type of action the proposed
development is according to the SEQR. To make this decision the Planning
Board should consult “Planning Board Technical Memo(s)" or,
if necessary, Part 617 of Article 8 of the State of New York Environmental
Conservation Law. The Planning Board should also review the environmental
assessment form (EAF) submitted as part of the application. The type
of action and related procedure will dictate the next steps, if any,
to be taken to comply with the SEQR regulations.
(b)
The Planning Board may include recommendations of desirable
modifications to be incorporated in the final site plan, and conformance
with said modification shall be considered a condition of approval.
If the preliminary site plan is disapproved, the Planning Board shall
state the reasons for such findings.
(c)
In such case, the Planning Board may recommend further study
of the site plan and resubmission to the Planning Board after it has
been revised or redesigned.
(d)
Projects located within the Scenic and Historic Overlay District
shall be referred to the Scenic and Historic Preservation Commission
for a certificate of appropriateness.
(1)
Site plan review applications referred to the Commission by
the Planning Board shall be referred back to the Planning Board within
the forty-five-day review period for the certificate of appropriateness,
unless the applicant and the Commission mutually agree upon an extension.
The application shall be referred back even if the certificate of
appropriateness is denied.
(2)
Upon receipt of a decision from the Commission, the Planning
Board can accept the approval, overrule a denial or modify the decision.
Overruling a denial or modifying a decision requires a majority vote
of all of the members currently serving on the Planning Board.
(e)
If the Planning Board is conducting a special permit review
in conjunction with site plan review, the Planning Board shall refer
to the additional criteria in the special permit division below.
[Ord. No. 4, 2-3-2021]
(a)
After receiving approval, with or without modifications, from
the Planning Board on a preliminary site plan, the applicant shall
submit a final, detailed site plan to the Planning Board for approval.
If more than six months has elapsed since the time of the Planning
Board’s action on the preliminary site plan or if the Planning
Board finds that conditions have changed significantly in the interim,
the Planning Board may require resubmission of the preliminary site
plan for further review and possible revision prior to accepting the
proposed final site plan for review.
(b)
The final site plan shall conform substantially to the approved
preliminary site plan. It should incorporate any and all modifications
that may have been recommended by the Planning Board in its preliminary
review. All such compliances shall be clearly indicated by the applicant
on the final site plan.
(c)
The following additional information shall accompany an application
for final site plan approval:
[Ord. No. 4, 2-3-2021]
Prior to taking action on the final site development plan, the
Planning Board shall refer the plan to the County Planning Department
for advisory review and a report in accordance with § 239
of the General Municipal Law, where the proposed action is within
a distance of 500 feet from the boundary of any other jurisdiction;
from the boundary of any existing or proposed county or state park
or other recreation area; from the right-of-way of any stream or drainage
channel owned by the county for which the county has established channel
lines; from the existing or proposed boundary of any county- or state-owned
land on which a public building or institution is situated.
[Ord. No. 4, 2-3-2021]
Within 62 days of receipt of the application for final site
plan approval, the Planning Board shall render a decision to the Commissioner
of Code Enforcement unless the period is extended by mutual agreement
between the applicant and the Planning Board.
(a)
The Planning Board shall comply with the provisions of the State
Environmental Quality Review Act (SEQRA.).
(b)
If the Planning Board chooses to modify any of the conditions
within a certificate of appropriateness provided by the Scenic and
Historic Preservation Commission, such modification requires a unanimous
vote of all of the current members of the Planning Board.
(c)
Upon approval of the final site plan and payment by the applicant
of all fees and reimbursable costs due to the City, the Planning Board
shall endorse its approval on a copy of the final site plan and shall
forward such copy to the Commissioner of Code Enforcement.
(d)
Upon disapproval of a final site plan, the Planning Board shall
so inform the Commissioner of Urban and Economic Development who shall
deny the requested permit to the applicant. The Planning Board shall
also notify the applicant of its decision and its reasons for disapproval
by certified mail, return receipt requested.
