[Added 12-20-2010 by L.L.
No. 3-2011]
[Amended 10-20-2014 by L.L. No. 4-2014; 2-5-2018 by L.L. No. 1-2018]
All permitted uses in zoning districts defined under the Village Zoning Code as Article XIIA, OP Districts, Article XIV, CB Districts, Article XV, CBA Districts, Article XVI, B Districts, Article XVII, I Districts, and Article XXI, High-Density/Mixed-Use Overlay District, Article XXIII, Pocket Neighborhood Overlay District, shall require site plan approval by the Planning Board and shall have prior site plan review and approval before a building permit is issued for the alteration or construction of any building. The site plan and required related drawing shall first be submitted by an applicant or agent thereof to the Code Enforcement Officer of the Village. Upon full review for sufficiency and completeness of the application by the Code Enforcement Officer, the application shall be submitted to the Village Planning Board and shall be reviewed in accordance with the following procedures and standards and shall be subject to a public hearing.
A.
Submission of site plan and supporting data. An applicant or agent
thereof shall submit a site plan and supporting data which has been
prepared by a certified architect, landscape architect, engineer,
land surveyor or planner (may be waived at the Planning Board's
discretion on minor projects upon consent of the Code Enforcement
Officer), and shall include the following information presented in
drawn form and accompanied by a written text:
(1)
Survey of the properties showing existing features of the property,
including contours, buildings, structures, trees over four inches
in trunk diameter, streets, utility easements, rights-of-way and land
use.
(2)
Site plan showing proposed building locations and land use areas.
(3)
Traffic circulation, parking areas and pedestrian walks.
(4)
Landscaping plans, including site grading and landscape design
and screening.
(5)
Preliminary architectural drawings for buildings delineated
to be constructed, including floor plans, exterior elevations and
sections.
(6)
Preliminary engineering plans and proposed construction materials
regarding street improvements, drainage system, and public utility
extensions.
(7)
Engineering feasibility studies, if deemed necessary by the
Code Enforcement Officer, of any anticipated problems which might
arise due to the proposed development.
(8)
Construction sequence and time schedule for completion of each
phase for buildings, parking spaces and landscaped areas.
(9)
A description of the proposed uses including hours of operation,
number of employees, expected volume of business, and type and volume
of traffic expected to be generated.
B.
Site plan approval. The Planning Board shall review the site plan
and supporting data and shall hold a public hearing within 62 days
of submittal before approval or approval with stated conditions is
given, and shall take into consideration the following objectives:
(1)
Harmonious relationship between proposed uses and existing adjacent
uses.
(2)
Maximum safety of vehicular circulation between the site and
the street network.
(3)
Maximum adequacy of interior circulation, parking and loading
facilities with particular attention to vehicular and pedestrian safety.
(4)
Adequacy of landscaping and setbacks in regard to achieving
maximum compatibility and protection to an adjacent residential district.
Should changes or additional facilities be required by the Planning
Board, final approval of the site plan shall be conditional upon the
satisfactory compliance by the applicant to the changes or addition.
An applicant wishing to make changes to an approved site plan shall
submit a revised site plan to the Planning Board for review and approval
before making application for a building permit.
(5)
If the Planning Board determines that the services of an outside
consultant are necessary for review of the site plan, the applicant
shall be informed, in writing, of such determination and of the ceiling
on reimbursable costs for such services. Cost or fees incurred by
the Village of Owego for necessary consultant services or other extraordinary
expense in connection with the review of a proposed site plan shall
be paid by the applicant provided that the necessity of such services
and a ceiling upon which such fees or expense have been determined
by the Code Enforcement Officer and the applicant has been informed
of the fee ceiling in writing. No building permit shall be issued
for any proposed construction for which fees or reimbursable costs
are lawfully due to the Village and unpaid.
(6)
The Planning Board shall inform the applicant that additional
reviews, referrals, submissions or notifications may be required pursuant
to federal, state or local laws or regulations, including but not
limited to SEQRA review and approvals from all relevant departments
within the Village of Owego.
(7)
The Planning Board may recess the site plan review to provide
for appropriate site visits by its members or consultants, to determine
the necessity and/or cost of reimbursable consultant services or to
gather or receive additional information. In such cases, when the
Planning Board reconvenes the site plan review, it shall be considered
a continuation of such review.
(8)
The Planning Board shall consult with the Code Enforcement Officer
and the Superintendent of Public Works and may consult with the Fire
Chief, the Village Board of Trustees and the Village Attorney to assist
in the review of the site plan.
(9)
When required by General Municipal Law §§ 239-l
and 239-m, the Board of Trustees shall submit notice of the public
hearing along with a complete description of the application to the
Tioga County Planning Board for review.
(10)
Pursuant to Village Law § 7-725-a(5), the Planning
Board is authorized to waive any requirement for the approval, approval
with modifications or disapproval of site plans submitted for approval
when such waiver would be reasonable. Any such waiver may be exercised
in the event any such requirements are found not to be in the interest
of the public health, safety or general welfare or inappropriate to
a particular site plan. Without limitation, the authorization to grant
waivers does not include authority to waive use or dimensional requirements
otherwise required by the Zoning code of the Village or the NYS Building
and Fire Code or any requirements outside of requirements specific
to a site plan.
(11)
No certificate of occupancy shall be issued by the Code Enforcement
Officer until all improvements shown on the approved site plan are
installed and in accordance with all applicable requirements.
(12)
The Planning Board may waive the site plan review for a change
from one commercial use to another commercial use in the same building,
provided that the existing building will not be expanded and the existing
site complies with the applicable sidewalk, landscaping and lighting
requirements of this code.
(13)
The Code Enforcement Officer may issue the zoning permit and
building permit without site plan review for any use in the Central
Business District otherwise permitted, provided that no building demolition,
new building construction, or expansion of building footprint is included
in the proposed use.
C.
Changes. An owner wishing to make changes in an approved site plan
shall submit a revised site plan to the Code Enforcement Officer and
Planning Board for review and approval before making application for
a building permit.
A.
Standards. In all districts specified herein, uses are not permitted
which exceed any of the following standards measured at the individual's
property line: