Pursuant to the city laws and in accordance with the general
City Law of the State of New York, as amended, the city shall have
a planning board. The planning board will consist of seven members
appointed by the mayor with the approval of a majority of the common
council. The term of office is seven years. Appointments will be in
a manner so that one member's term expires each succeeding year.
If a vacancy occurs for a reason other than the expiration of a term,
it will be filled by mayoral appointment for the remainder of the
unexpired term. Members must be residents of the city. Members may
not be members of the common council. The mayor and common council
may provide for compensation to be paid to members, experts, clerks,
and a secretary and provide for such other expenses as may be necessary
and proper, not exceeding the appropriation made by the mayor and
common council for his purpose. The mayor will designate a chairperson
from among the members of the planning board, and in the absence of
the chairperson, the planning board may designate a member to serve
as chairperson. The appointment of chairperson is for a one-year term.
9.0.1
Purpose and intent. The purpose of special use approval is to allow
the proper integration into the community of uses which may be suitable
only under certain conditions and at appropriate locations. Because
of their unusual characteristics, or the special characteristics of
the area in which they are to be located, special uses require special
consideration so that they may be properly located with respect to
the objectives of this zoning chapter and their effect on nearby properties.
9.0.2
Authorization to grant or deny special uses. The planning board is
hereby authorized to approve special uses. The special uses listed
in this zoning law may be permitted, enlarged, or otherwise altered
upon authorization by the planning board in accordance with the standards
and procedures set forth in this section. In permitting a special
use or the modification of a special use, the planning board may impose
those standards and requirements expressly specified by this law and
any additional conditions which the planning board considers necessary
and reasonable to protect the best interests of the surrounding property,
the neighborhood, or the city as a whole. These conditions may include,
but are not limited to, size or controlling the location and number
of vehicle access points, increasing the street width, limiting the
number, size and location of signs, limiting hours of operation, and
required fencing, screening and landscaping or other facilities to
protect adjacent or nearby property. In the case of a use existing
prior to the effective date of this law change in use or in lot area
or an alteration of structure shall conform with the requirements
dealing with special uses.
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The duration of an approved special use permit shall be six
months or such greater period not to exceed one year as may be specified
in the approval by the planning board. Special use permit approval
may be renewed by the planning board for a period of six months upon
written application to the planning board and copies to the code enforcement
officer, such application to be submitted prior to the expiration
of the special use permit approval period.
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On application, and after public notice and hearing, the planning
board may authorize the issuance by the code enforcement officer of
permits for any of the special uses for which this law requires such
permits.
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9.0.3
Procedures for special uses.
a.
A property owner(s) or his agent(s) may initiate a request for a
special use or modification of a special use by filing an application
which includes a legal description of the property, a proposed current
site plan showing the size and location of the lot, the location of
all buildings and proposed facilties, including access drives, parking
areas and all streets within 250 feet of the lot, plans and elevations
necessary to show the proposed development, other drawings or information
necessary to an understanding of the proposed use and its relationship
to surrounding properties and a filing fee.
b.
In the case where a special use has been approved a building permit
shall be issued after the granting of the special use by the planning
board, and then only in accordance with the terms and conditions of
the special use permit.
c.
Before a special use is permitted the proposed special use shall be subject to public notice and a public hearing, pursuant to the procedures specified in section 9.1.6.
d.
The planning board, on its own motion, may revoke any special use
permit for non-compliance with conditions set forth in the granting
of said permit after first holding a public hearing and giving notice
of such hearing. The forgoing shall not be the exclusive remedy and
it shall be unlawful and punishable for any person to violate any
condition imposed by a special use permit. In such cases a period
of 60 days shall be granted the applicant for full compliance prior
to revocation of the said permit. In cases where there is imminent
danger to the public health, safety or welfare, the revocation of
the special use permit shall be immediate.
e.
The planning board may require that special use permits be periodically
renewed after notice and a public hearing to determine if the original
conditions have been complied with or whether conditions have changed
since the original special use permit was granted.
f.
The planning board may, at its discretion, waive any submission requirements
which it deems to be not relevant to the proposed use and site.
9.0.4
Standards governing special uses. A special use shall comply with
the standards of the district in which it is located. In approving
such uses, the planning board shall take into consideration the public
health, safety and welfare and comfort and convenience of the public
in general and of the residents of the immediate neighborhood in general
and shall, to the maximum extent possible further the expressed intent
of this law and the accomplishment of the following objectives:
a.
In order to grant any special use, the planning board shall find
that the request is in harmony with the general purpose and intent
of this zoning law, taking into account the location and size of use,
the nature and intensity of the operations involved in or conducted
in connection with the use and the size of the site with respect to
streets giving access thereto.
b.
In order to grant any special use, the planning board shall find
that the establishment, maintenance, or operation of the use applied
for, under the circumstances of the particular case, will not be detrimental
to the health, safety or general welfare of persons residing or working
in the neighborhood of such proposed use or will not be detrimental
or injurious to the property and improvements in the neighborhood
or to the general welfare of the city.
c.
The proposal will not result in the destruction, loss, or damage
of any natural, scenic or significant historical resource.
d.
The proposal will not create excessive additional requirements of
public cost for public facilities and services; and will not be detrimental
to the economic welfare of the community.
e.
The proposal will be served adequately by essential public facilities
such as highways, streets, police and fire protection, stormwater
drainage, water and sewer, schools or that the applicant for the proposed
special use shall otherwise provide that these services be adequately
obtained.
f.
The proposal essentially conforms with the comprehensive development
plan.
g.
All proposed structures, equipment or material shall be readily accessible
for fire and police protection.
h.
The proposed use shall be of 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 shall not be detrimental to the orderly development of adjacent
properties, in accordance with the zoning classification of such properties.
i.
The proposal conforms to all applicable requirements of article 10, "Development guidelines".
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In addition to the above, in the case of any use located in,
or directly adjacent to, a residential district:
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a.
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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 existing 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, the said residential district
or conflict with the normal traffic of the neighborhood.
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b.
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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.
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[L.L. No. 42-00, § 3, 6-22-2000; L.L. No. 6-02,
§ 1, 11-12-2002; L.L. No. 1-08, § 1, 1-14-2008]
9.1.0
Intent. The intent of site plan approval is to
authorize the city's planning board to review and approve site
plans for uses otherwise permitted by this law in order to determine
full compliance with the intent of the standards of this law. The
objective is to evaluate site plans in order to minimize conflicts
between the site layout and design of proposed uses and existing uses
and natural site conditions and thereby minimize any adverse effects
affecting the health, safety, and overall welfare of the community.
9.1.1
Authorization. The power to approve, approve with modification, or
disapprove site plans for as required by this chapter is vested in
the city's planning board. Section 27 of the General City Law
of New York State provides legislative authority for the common council
to authorize the planning board to review and approve site plans.
Prior to issuing a building permit for construction, expansion or
change in use of any use, a site plan and supporting documentation
shall be submitted to the planning board for its review and approval.
The planning board may require that the site plans be prepared by
a licensed architect or engineer. Such requirement shall be based
on the complexity of the site features and of the proposed structure(s)
or land use as related to same.
9.1.2
Applicability and exceptions. Under this article, all new development
or land use activities within the city shall require site plan review
before being undertaken, except the following:
1.
Construction or expansion of a single one-family or two-family dwelling
and ordinary accessory structures, and related land use activities.
2.
Landscaping or grading which is not intended to be used in connection
with a land use reviewable under the provisions of this law.
3.
Ordinary repair or maintenance or interior alterations to existing
structures or uses.
4.
Exterior alterations or additions to existing structures which would
not increase the square footage of the existing structure by more
than 500 square feet.
5.
Agricultural or gardening uses not involving substantial timber cutting.
6.
All signs (except in conjunction with new development).
9.1.3
Concept
plan conference. Concept plan submittal is optional and may be waived
by the planning board. The purpose of concept plan submittal is to
encourage the person applying for a use to consult early and informally
with the planning board in order to save time and money and to make
the most of opportunities for desirable development.
9.1.3.1
Requirements. A concept plan, if prepared,
shall be submitted in triplicate to the planning board. Before preparing
a concept layout, the developer may discuss with the planning board
the general requirements as to design of streets, reservations of
land, drainage, sewage, water supply, fire protection, and other improvements
as well as procedural matters.
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Developers of land adjoining state or county highways are advised
to consult with the District Engineer of the New York State Department
of Transportation or Cattaraugus County Highway Superintendent at
the concept layout stage in order to resolve problems of street openings
or storm water drainage at the earliest possible stage in the design
process. The planning board shall provide written comments on the
concept plan of a proposed development and in the course of its review
may consult with other interested public agencies.
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The concept plan shall include the following information:
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1.
An area map showing:
a.
Applicant's entire holdings, that portion of the applicant's
property under consideration for development and any adjacent parcels
owned by the applicant.
b.
All properties, their ownership and uses, subdivisions, streets,
zoning districts, easements, and adjacent buildings within 500 feet
of the applicant's property.
2.
A site development plan, including but not limited to:
a.
Existing natural features such as water bodies, watercourses,
wetlands, wooded areas, individual large trees, flood hazard areas.
b.
Zoning districts, school districts.
c.
Special improvement districts (water, sewer, lights, fire, drainage
and the like).
d.
Easements.
e.
All existing built features.
f.
All proposed buildings, structures and public improvements.
3.
A map showing the topography of the site.
4.
A soils overlay, if general site grades exceed 10% or if portions
of the site have susceptibility to erosion, flooding or ponding.
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The requirement for submission of these documents may be waived
at the sole discretion of the planning board.
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9.1.4
Preliminary site plan application. Application for preliminary site
plan approval shall be made in writing in triplicate to the code enforcement
officer. The code enforcement officer shall notify the city clerk
of receipt of the application and shall refer the application to the
planning board for its review and approval. For the purposes of this
law, the submission date shall be the date of the first planning board
meeting following submission to the code enforcement officer.
9.1.5
Preliminary site plan requirements. The preliminary site plan application
shall include the information listed below. The planning board may
at its discretion waive any preliminary requirements which are not
relevant to the proposed use and site.
1.
An area map showing that portion of the applicant's property
under consideration for development, any adjacent parcels owned by
the applicant, and all streets, zoning districts, easements and adjacent
buildings within 500 feet of applicant's property.
2.
A preliminary site plan shall include
the following information:
a.
Title of drawing, including the name and address of the applicant.
b.
North arrow, scale and date.
c.
Boundaries of the project at a scale of not more than 200 feet to
one inch.
d.
Existing natural features such as watercourses, water bodies, wetlands,
wooded areas and individual large trees, showing features to be retained.
e.
Existing and proposed contours at intervals of not more than 10 feet.
f.
Location of proposed land uses and their areas in square feet or
acres, the uses proposed and the height of each proposed structure.
g.
Location of all existing or proposed site improvements including
streets, drains, culverts, retaining walls, fences and easements,
whether public or private.
h.
Description of sewage disposal and water systems and the location
proposed for such facilities.
i.
Provision for buffer areas and other landscaping.
j.
Delineation of residential areas, if proposed, indicating the general
extent of each area, a description of the dwelling unit types proposed,
and a calculation of residential density in dwelling units per gross
acre for each such area.
k.
Location of all parking and truckloading areas, showing access and
ingress drives.
l.
The location, design and size of all signs and lighting facilities.
m.
The approximate locations and dimensions of areas proposed for neighborhood
parks or playgrounds, or other permanent open space.
n.
Building orientation, footprint and elevations.
o.
The location and design of all energy distribution facilities, including
electrical, gas and solar energy.
p.
Provision for energy efficiency.
q.
Grading and erosion control measures including the proposed location
of sediment sink/settling pond and interceptor swales, etc.
r.
Location and design for stormwater management facilities.
s.
A drainage report including supporting design data and copies of
the engineering computations used to determine the design capacities
and performance requirements of drainage facilities.
t.
The lines and dimensions of all property which is offered, or is
to be offered, for dedication for public use, with the purpose indicated
thereon, and of all property that is proposed to be reserved by deed
covenant for the common use of the property owners of the development.
3.
The planning board may require additional information which appears
necessary for a complete assessment of the project.
4.
The planning board's review
of the preliminary site plan shall include, but is not limited to
the following considerations:
a.
Adequacy and arrangement of vehicular traffic access and circulation,
including emergency vehicle access.
b.
Location, arrangement, appearance and sufficiency of off-street parking
and loading.
c.
Location, arrangement, size and design of buildings, lighting and
signs.
d.
Relationship of the various uses to one another and their scale.
e.
Adequacy, type and arrangement of trees, shrubs and other landscaping
constituting a visual and noise buffer between adjacent uses and adjoining
lands.
f.
Adequacy of storm water and sanitary waste disposal.
g.
Adequacy of structures, roadways and landscaping in areas susceptible
to flooding and ponding or erosion.
h.
Compatibility of development with natural features of the site and
with surrounding land uses.
i.
Adequacy of floodproofing and flood prevention measures consistent
with the flood hazard prevention regulations of the Federal Emergency
Management Agency (FEMA).
j.
Adequacy of building orientation and site design for energy efficiency.
The extent to which the proposal plan conserves energy use and energy
adequate sunlight for use by solar energy systems.
k.
Adequacy of open space for play areas, informal recreation and the
retention of natural areas such as wildlife habitats, wetlands and
wooded areas.
l.
Adequacy of pedestrian access, circulation, convenience and safety,
including compliance with the requirements for access by the physically
challenged which are incorporated in the American Disabilities Act
(ADA).
m.
Those requirements that apply that are found in Article 10.
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In its review of a preliminary site plan, the planning board
may consult with the code enforcement officer, fire and police departments,
other local and Cattaraugus County officials, and any designated private
consultants, in addition to representatives of federal and state agencies
including, but not limited to, the soil conservation service, the
New York State Department of Transportation (NYSDOT) and the New York
State Department of Environmental Conservation (NYSDEC).
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9.1.6
Public hearing. Upon the planning board's certification that
the preliminary site plan application is complete and satisfactory,
the planning board shall schedule a public hearing. Applicants are
required to mail notices of such public hearings to the owners or
occupants of all lands within a radius of 250 feet from any part of
the property for which site plan review is requested. Such notices
shall be postmarked at least 10 days prior to the date scheduled for
the public hearing.
9.1.7
Notification of decision on preliminary site plan. Within 45 days
of the public hearing at which a preliminary site plan is considered,
the planning board shall act upon it. The planning board's action
shall be in the form of a written statement to the applicant stating
whether or not the preliminary site plan is approved, conditionally
approved, or disapproved. A copy of the appropriate minutes of the
planning board shall be a sufficient report. The planning board's
statement may include recommendations as to desirable revisions to
be incorporated in the final site plan application. If the preliminary
layout is disapproved, the planning board's statement will contain
the reasons for such findings. In such a case the planning board may
recommend further study of the proposal and resubmission of the preliminary
site plan.
9.1.8
Final site plan application. After receiving approval, with or without
conditions, from the planning board on a preliminary site plan, and
approval for all necessary permits and curb cuts from the director
of public works and responsible local, county and state officials,
the applicant may prepare its final site plan and submit it to the
planning board for its review and approval. The planning board, at
its discretion, may waive the concept and final application procedure.
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If more then one year has elapsed between the time of the planning
board's report on the preliminary site plan and submission by
the applicant of a final site plan application, and if the planning
board finds that conditions have changed significantly in the interim,
the planning board may require a resubmission of the preliminary site
plan for further review and possible revisions prior to accepting
the proposed final site plan application for review. The final site
plan shall conform to the approved preliminary site plan, and shall
incorporate any revisions or other features that may have been recommended
by the planning board at the preliminary review. All revisions shall
be clearly indicated by the applicant.
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9.1.9
Notification of decision on final site plan. Within 62 days of the
submission of the final site plan, the planning board shall render
a decision.
1.
Upon approval, the planning board shall endorse its approval on a
copy of the final site plan and shall forward it to the code enforcement
officer who shall then issue a building permit if the project conforms
to all other applicable requirements.
2.
Upon disapproval, the planning board shall so inform the code enforcement
officer and he shall deny a building permit. The planning board shall
also notify the applicant in writing of its decision and its reason
for disapproval. A copy of the appropriate minutes may suffice for
this notice.
3.
Specifications for improvements shown on the site plan shall be those
set forth in this law and in other laws, rules and regulations, or
in construction specifications of the city.
9.1.10
Time restriction for action on final site plan. The duration
of an approved site plan shall be six months or such greater period
not to exceed one year as may be specified in the approval by the
planning board. Site plan approval may be renewed by the planning
board for a period of six months upon written application to the planning
board and copied to the code enforcement officer, such application
to be submitted prior to the expiration of the site plan approval
period.
9.1.11
Failure to comply with any condition of the site plan approval shall constitute a violation of the zoning law subjecting the applicant or any successor in interest in the property for which site plan approval was granted to all penalties set forth in Article 17 of the Zoning Law. The applicant, or any successor in interest the property for which site plan approval was granted shall be required to appear before the planning board for review of the conditions of site plan approval within 30 days. The planning board upon such review may remove or amend the conditions of site plan approval.
The applicant or any interested person may appeal a decision
of the planning board. The appeal is made to the Supreme Court for
review by a proceeding under Article 78 of the Civil Practice Law
and Rules. Such proceedings shall be instituted within 30 days after
the filing of a decision on a special use permit or site plan review
application.
The common council may require the payment of fees to the city
by applicants whose proposals require special use permits or site
plan review as described by this article. Fees for special use permits
or site plan review in accordance with this article shall be established
from time to time by law of the common council.
