Village of Endicott, NY Article 63 Site Plan Review

§ 300-63.1 Intent.

The intent of the site plan review process is to preserve and enhance the character of a neighborhood, achieve compatibility with adjacent development, mitigate potentially negative impacts on traffic, parking, drainage and similar environmental concerns, improve the overall visual and aesthetic quality of the Town and Villages, and increase the capability of the Zoning Ordinance to adapt to a variety of unique circumstances.

§ 300-63.2 Applicability.

In accordance with New York State Town and Village Law, no construction or site improvement work may commence until site plan approval, where required, has been granted. Site plan review and approval is required in accordance with the procedures of this article for all new buildings and uses and expansions of existing buildings as defined in this article:

A. Site plan review shall not be required for the:

(1) Maintenance of existing sign structures in all districts and the placement of signs in all districts; and

(2) Placement of a mobile home or manufactured home on a single lot or in an approved mobile home or manufactured home park.

(3) Single and two-family residential uses.

B. Minor site plan review requires only Planning Department approval and shall be required for:

(1) Any proposed changes to parking, loading or stacking, or dumpsters, located more than 250 feet from residential use or district where such modifications are determined by the Planning Department to be consistent with the intent and objectives of the original site plan.

(2) The proposed modification to an approved landscape plan to preserve existing mature trees and/or vegetation or change proposed plant species or the relocation of underground utilities where such modifications are determined by the Planning Department to be consistent with the intent and objectives of the original site plan;

(3) The placement of accessory structures such as generators, toolsheds, HVAC equipment, transformers, or compressors;

(4) Additions to buildings and uses that do not require additional off-street parking spaces.

(5) Adjustments to approved site plans during development. During the development of an approved site plan, the Planning Department may authorize minor adjustments to the final development plan when such adjustments appear necessary in light of technical or engineering considerations first discovered during actual development. Such minor adjustments shall be limited to the following and shall be exempt from the procedures outlined in § 300-63.3:

(a) Altering the location of any one structure or group of structures by not more than 10 feet or 0.1 of the distance shown on the approved site plan between such structure or structures and any other structure or any vehicular circulation element or any boundary of the parcel, whichever is less.

(b) Altering the location of any circulation element by not more than 10 feet or 0.1 of the distance shown on the approved plan between such circulation element or any structure, whichever is less.

(c) Reducing the yard area or open space associated with any single structure by not more than 5%.

(d) Altering any final grade by not more than 5% of the originally planned grade.

(e) Modification of landscaping, as long as screening intent is maintained.

(6) Minor modifications. Minor modifications shall be limited to the following and shall be exempt from the procedures outlined in Article 63.3:

(a) Error correction that does not alter the site plan.

(b) Modifications that are not in violation of this chapter.

(c) Changes that do not affect overall site layout or properties outside of the site.

C. Major site plan review requires Planning Board approval and is required for all new buildings and uses as well as expansions of uses and buildings that are not explicitly exempt from site plan review or do not qualify for minor site plan review.

§ 300-63.3 Procedure.

A. Application. Application for a building permit for any land use or activity requiring site plan review and approval shall be made to the Code Enforcement Officer, who shall receive and review such application and refer it to the Planning Department for processing. As a part of the review, the Building Official shall certify that the site development plan meets all the minimum requirements of this chapter. If the site plan does not meet all minimum requirements of this chapter, the applicant may appeal to the Zoning Board of Appeals for a variance in accordance with the provisions of Article 67 of this chapter.

B. Presubmission conference. Prior to the preparation and submission of a final plan for site plan review and approval, the applicant may prepare a sketch plan and meet with the Planning Department staff to consider specifics of the proposed use or development, neighborhood characteristics, and features of the site. Such sketch plan should be submitted in duplicate and include enough information to enable a clear understanding of the proposal.

C. Plan requirements. A final site plan for any land use or activity requiring site plan review and approval shall be prepared and submitted to the Planning Department. Such final site plan shall contain the following information, as applicable:

(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 Town or Villages.

(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 one-hundred-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 consistent with the requirements of Article I and Article II of the Erosion and Sediment Control Law of the Town or Villages.

(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 Broome 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 or sketches which 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) Projected number of seating or employees, if needed, to determine the number of parking spaces.

(17) Any other information required by the Planning Department to explain the proposal.

(18) Application form, project narrative form, SEQR documentation.

(19) Developer's clause:

(a) On behalf of ______________________ (Developer-Applicant), we hereby certify and agree that the submitted plans meet all the requirements and specifications described in Article 63 (Site Plan), and any other applicable sections of the Town of Union Code. Notwithstanding any notes, provisions or specifications in the plans, we agree on behalf of the Developer-Applicant that Town of Union Code specifications shall take precedence over any such notes, provisions or specifications which may be inconsistent with and/or not in conformance with the Town of Union Code specifications. We further agree that in the event of any inconsistency or ambiguity between the notes, provisions or specifications on the final plans and the Town of Union Code, that in all cases the Town of Union Code specifications shall be controlling with respect to the work, materials or other requirements.

	Signature of Developer
	Signature of Developer's Engineer or Design Professional

(20) Any of the above requirements may be waived by the Planning Department if conditions warrant.

D. Referrals.

(1) To County Planning and any other involved agencies. Upon receipt of the complete application and before taking final action on certain applications for site plan approval (review), such applications shall be referred to the Broome County Planning Department and any other involved agencies for review and report in accordance with the provisions of §§ 239-l, 239-m and 239-nn of the General Municipal Law.

(2) To the applicable Historic Review Board. Before taking final action on an application for site plan approval (review) for a parcel located in any locally designated historic district, park or a locally designated landmark, such application shall be referred to the applicable Historic Review Board for review and action in accordance with Chapter 157, Historic Preservation, of the Code of the Village of Endicott.

E. Relevant comments. In reviewing site plans it shall be the responsibility of the Planning Department to obtain comments or approvals in writing from any relevant Town and Village department/division before a decision on approval is made.

F. Environmental assessment. The environmental assessment shall be in accordance with the State Environmental Quality Review Act (SEQR).

G. Issuance of building permit. When an application for site plan review has been approved in accordance with the provisions of this Article 63 with or without modifications, a building permit shall be issued by the Code Enforcement Officer if there is compliance with all other pertinent code requirements. All required modifications established as a result of the site plan review procedure shall be conditions of the building permit.

H. Filing. The decision of the Planning Board or the Planning Department as appropriate shall immediately be filed in the applicable Town or Village Clerk's Office and Office of the Code Enforcement Officer within five business days and a copy thereof given or mailed to the applicant.

§ 300-63.4 Review criteria.

During review of a minor or major site plan, the Planning Department or Planning Board, as applicable, shall ensure that the site plan is consistent with this chapter and generally consistent with the policies of the Comprehensive Plan.

§ 300-63.5 Denial criteria.

The Planning Department or Planning Board shall deny an application on the basis of specific written findings directed to one or more of the following:

A. The application is incomplete in specified particulars or contains or reveals violations of this chapter or other applicable regulations which the applicant has, after written request, failed or refused to supply or correct.

B. The proposed site plan interferes unnecessarily, and in specified particulars, with easements, roadways, rail lines, utilities, and public or private rights-of-way.

C. The proposed site plan unnecessarily, and in specified particulars, destroys, damages, detrimentally modifies or interferes with the enjoyment of significant natural, topographic or physical features of the site.

D. The proposed structures unnecessarily, and in specified particulars, destroy, damage, detrimentally modify or interfere with the significant design features of the existing buildings and structures on the site.

E. The proposed structures or landscaping unnecessarily, and in specified particulars, bears a poor relationship to the existing physical development of the site or results in an overall development that compromises existing design, parking or landscaping elements.

F. The site design does not comply with ADA requirements.

G. The proposed site plan unnecessarily, and in specified particulars, is injurious or detrimental to the use and enjoyment of surrounding property.

H. There is inadequate infrastructure capacity to support the use or development.

I. The proposed site plan and associated improvements fail to mitigate the project's anticipated traffic impacts.

J. The proposed site plan fails to provide for adequate access for emergency vehicles.

K. The pedestrian and vehicular circulation elements unnecessarily, and in specified particulars, create hazards to safety on or off the site.

L. The proposed structure unnecessarily, and in specified particulars, is lacking amenity in relation to or is incompatible with, nearby structures and uses.

M. The proposed site plan unnecessarily, and in specified particulars, is lacking amenity in relation to, or incompatible with, nearby structures and uses.

N. The proposed site plan unnecessarily, and in specified particulars, creates drainage or erosion problems.

O. The proposed structures unnecessarily, and in specified particulars, are incompatible with or lacking in amenity in relation to existing uses on the site or existing building materials, roof shapes and fenestration on the site.

P. The proposed site plan fails to contribute to existing pedestrian-oriented rights-of-way and unnecessarily, and in specified particulars, is lacking in amenity in relation to the public realm and streetscape.

Q. The proposed site plan detrimentally impacts the visual and physical access to and along the waterfront.

§ 300-63.6 Findings for approval.

In rendering a final decision, the Planning Department or Planning Board, as applicable, shall consider and make findings that:

A. The proposed site plan is consistent with the purpose and specific requirements of this chapter and generally consistent with the policies of the Comprehensive Plan;

B. Adequate services and utilities will be available prior to occupancy; and

C. The site plan is consistent with all other applicable laws.

§ 300-63.7 Approval or denial.

A. The Planning Department or Planning Board shall issue a final decision on each site plan. The decision of the Planning Department or Planning Board, which shall be based on the findings set forth, shall be final and shall:

(1) Approve the application;

(2) Approve the application with conditions; or

(3) Deny the application.

B. In any case where an application is denied, the Planning Department or Planning Board shall state the specific reasons and shall cite the specific provisions of this chapter upon which such denial is based.

§ 300-63.8 Modifications of certain regulations.

A. Review by the Planning Department. The Planning Department may, at its discretion, reduce the required number of parking spaces by up to 25% upon determination that the applicant can demonstrate that the site can support the required number of spaces, should the need arise in the future. If the Planning Department determines that waived parking, paving and striping are needed to provide necessary off-street parking, it may order the installation thereof. Any certificate of occupancy issued for any parking area and the building or use served thereby, where the number of spaces has been waived, shall be deemed conditional upon the possible requirement for the future development of the additional off-street parking upon such order by the Planning Department. Failure to comply with such order within the time fixed thereby shall constitute a violation of this article.

B. Review by Planning Board. The Planning Board may, at its discretion, reduce the required number of parking spaces by up to 25% upon determination that the applicant can demonstrate that the site can support the required number of spaces, should the need arise in the future. If the Planning Board determines that waived parking, paving and striping are needed to provide necessary off-street parking, it may order the installation thereof. Any certificate of occupancy issued for any parking area and the building or use served thereby, where the number of spaces has been waived, shall be deemed conditional upon the possible requirement for the future development of the additional off-street parking upon such order by the Planning Board. Failure to comply with such order within the time fixed thereby shall constitute a violation of this article.

§ 300-63.9 Filing of decision.

In accordance with New York State law, the decision of the Planning Board or Planning Department, as applicable, shall be filed in the Office of the Municipal Clerk consistent with all applicable state requirements.

§ 300-63.10 Appeal.

A. Appeal of Planning Department decision. An applicant for a minor site plan review or any other aggrieved party may appeal to the Planning Board for a review and modification of a decision made by the Planning Department. Such appeal shall be treated by the Planning Board in the same manner as a major site plan review and follow the provisions of § 300-63.3 of this chapter.

B. Appeal of a Planning Board decision. Any person or persons, jointly or severally aggrieved by any decision of the Planning Board may apply to the Supreme Court for review by a proceeding under Article 78 of the Civil Practice Law and Rules.

§ 300-63.11 Fees.

Upon filing an application for site plan review, all applicable fees shall be paid.