[Amended 11-24-2014 by L.L. No. 16-2014; 10-23-2023 by L.L. No. 7-2023]
A. All uses that involve construction, demolition, or exterior alteration
of buildings, structures, or parking areas require site development
plan approval by the Village Planning Board prior to the issuance
of a Village zoning permit.
B. Exceptions:
(1) Construction,
demolition, or exterior alteration in conjunction with a single-family
dwelling or construction, demolition, or exterior alteration in conjunction
with an accessory structure to a single-family dwelling.
(2) Construction, demolition, or exterior alteration in conjunction with
a nonresidential principal or accessory structure for a use permitted
by right and involving less than 4,000 gross square feet, where no
zoning variances are required.
(3) Construction, demolition, exterior alteration, or a change in use
in conjunction with a nonresidential principal or accessory structure
that requires a special use permit and involves less than 1,200 gross
square feet, where no zoning variances are required.
(4) These exceptions shall not apply if any of the following conditions
exist:
(a)
The use is located within the Waterfront Development Overlay
District;
(b)
The use is within 100 feet of a wetland; or
(c)
The use causes disturbance of a steep slope.
C. No parcel of land shall be used except in conformity with an approved
site development plan when such is required.
In considering and acting upon site development
plans, the Planning Board shall take into consideration the public
health, safety and welfare, the comfort and convenience of the public
in general and of the prospective occupants of the proposed development
and of the immediate neighborhood in particular, and may prescribe
such appropriate conditions and safeguards as may be required in order
to further the expressed intent of this chapter and accomplish the
following objectives in particular:
A. Traffic access. All proposed traffic accesses will
be adequate but not excessive in number; adequate in width, grade,
alignment and visibility; not located too near street corners or other
major access points; and conform to other similar safety considerations.
B. Circulation and parking. Adequate off-street parking
and loading spaces will be provided to prevent parking of vehicles
on public streets. The interior circulation system will be adequate
to provide safe accessibility to all required off-street parking.
C. Landscaping and buffering. All parking and service
areas will be buffered from abutting parcels zoned residential or
legally used for residential purposes.
[Amended 11-24-2014 by L.L. No. 16-2014]
D. Compatibility. Signs and lights will be compatible
and in scale with building elements and will not predominate the overall
visual impact of the project. Textures of buildings and paved areas
will be sufficiently varied to prevent a massive or monolithic appearance,
particularly areas of asphaltic paving for parking.
E. Environment. The design, layout and operational characteristics
of the proposed use will not represent significant adverse impact
on the environment or result in a waste of the land and other natural
resources of the Village. To the greatest possible extent, development
will be in harmony with the natural environment and adequate compensatory
devices will be prescribed to offset potential significant deterioration
resulting from the project. Trees are recognized to provide various
benefits to the environment, including the stabilization and preservation
of the soil, the absorption of air pollutants, and the provision of
oxygen, and further provide natural barriers to noise and habitats
for wildlife while maintaining and offering an intrinsic aesthetic
quality.
F. Development. The site development plan elements, including
buildings, parking, drainage, stormwater and erosion control management,
circulation, signs and lighting will not adversely affect the potential
of adjacent properties or the property under review from its highest
and best use.
[Amended 11-24-2014 by L.L. No. 16-2014]
G. Nearby properties. In the case of residential districts,
parking, pedestrian and vehicular circulation, lighting and noise
associated with the proposed plan shall not interfere with neighboring
property owners' right to enjoy the residential character of their
property.
[Added 4-21-2003 by L.L. No. 4-2003]
[Amended 10-24-2022 by L.L. No. 7-2022]
A. Where required, site development plan approval shall be secured from
the Village Planning Board before the grant of a Village zoning permit
or certificate of zoning compliance.
[Amended 10-23-2023 by L.L. No. 7-2023]
B. An application for site development plan review shall be made on forms prescribed by the Village Planning Board accompanied by the information specified in §
300-43C and a fee in accordance with the Standard Schedule of Fees of the Village of Cooperstown. Such application shall be submitted to the Village Planning
Board at least two weeks prior to the Village Planning Board meeting
at which review is sought unless the two-week requirement is waived
by the Village Planning Board.
[Amended 10-23-2023 by L.L. No. 7-2023]
(1) The
Village Planning Board shall determine if the application is in proper
form and, if so, shall cause it to be referred to such Village departments,
agencies and consultants as are necessary to evaluate the proposal.
(2) The Village Planning Board will notify the Village Board of Trustees
of the need for consultants, who may include planners, engineers,
attorneys or other experts and/or professionals, retained to review
the applicant's plans, maps, studies, agreements, environmental
assessment forms, environmental impact statements, and all other proceedings
required for site development plan review. Consultants will only be
used for analysis and advice on areas that are not within the expertise
of the Village.
(3) The Village Board of Trustees will specify the required amount, if
any, of consultant fees that the applicant must deposit with the Village
for the application to proceed. The Village will deposit the consultant
fees into an escrow account established for the project for the sole
purpose of paying the costs and fees of the consultant(s) that the
Village retains to review the application. Choice of consultant will
be at the discretion of the Village Board of Trustees.
C. Site development plan checklist.
(1) The application for site development plan review shall be accompanied
by a drawing that includes the following information:
(a)
Title of drawing, including name and address of applicant and
person responsible for preparation of such drawing.
(b)
North arrow, scale, and date.
(c)
Boundaries of the property plotted to scale.
(f)
Grading and drainage plan, showing existing and proposed contours.
(g)
Location, design, type of construction, proposed use, and exterior
dimensions of all buildings.
(h)
Location, design, and type of construction of all parking and
truck loading areas, showing access and egress.
(i)
Provisions for pedestrian access, sidewalks, and bike paths.
(j)
Location of any outdoor storage.
(k)
Location, design, and construction materials of all existing
or proposed site improvements including drains, culverts, retaining
walls and fences.
(l)
Description of the method of sewage disposal and location, design,
and construction materials of such facilities.
(m)
Description of the method of securing water and location, design,
and construction materials of such facilities.
(n)
Location of emergency access and fire hydrants.
(o)
Location and proposed development of all buffer areas, including
existing vegetative cover.
(p)
Location and design of outdoor lighting facilities.
(r)
General landscaping plan and planting list.
(s)
Location of all proposed tree and brush removal.
(t)
Other elements integral to the proposed development as the Planning
Board may consider necessary to be included.
(2) The applicant shall also submit the following information:
(a)
An estimated project construction schedule.
(b)
Identification of any federal, state and county permits required
for the project's execution, with the status of applications and approval
of all those permits.
(c)
Documentation required to allow the Planning Board to comply
with the State Environmental Quality Review Act.
(3) The Planning Board can waive the inclusion of any of the items required
to be included in an application for site development plan review,
other than the fee in accordance with the Standard Schedule of Fees,
that it deems unnecessary in a particular application.
[Amended 10-24-2022 by L.L. No. 7-2022]
A. Prior to filing a final site development plan, the Planning Board shall review the application for preliminary site development plan concept approval. The applicant shall submit all application materials provided for in §
300-43C in as much detail as possible to enable the Planning Board to come to a preliminary conclusion as to the merits of the proposal. If the applicant seeks modifications from the requirements of this chapter, their nature and degree must be specified. The application shall be made and processed in the manner specified in §
300-43B.
B. The Planning Board will review the proposed plan and
may grant concept approval with such conditions as are necessary to
ensure conformity of said plans with the general and specific criteria
set forth in this chapter and other applicable laws, rules, and regulations
of the Village of Cooperstown. If the Planning Board grants concept
approval, with or without conditions, it shall authorize the applicant
to file a final site development plan. The Planning Board shall also
schedule a public hearing for consideration of the final site development
plan. The notice of public hearing shall not be made before the applicant
files the final site development plan.
Upon submission of the final site development
plan with modifications required by the Planning Board in its final
approval, and upon satisfaction of any conditions imposed by such
approval, the Chairman of the Planning Board shall sign the approved
site development plan and file one copy with the Codes Official, who
may thereafter issue a building permit.
An application for an amendment of any approved
site development plan for a site which has received prior final site
development plan approval shall be processed in accordance with the
preceding provisions. However, only those site development plan elements
proposed to be modified or changed need be presented, except where
such modifications or changes have a material and substantial impact
on the balance of the site development plan and functioning of the
site. The applicant's licensed design professional shall submit a
letter, and a drawing when necessary, indicating the scope of the
proposed change no later than 21 days before a Planning Board meeting
for a determination by the Planning Board as to whether the proposed
amendment shall require a public hearing. Fees for an amended site
development plan approval shall be in accordance with the Standard
Schedule of Fees of the Village of Cooperstown.
It shall be the duty of every property owner
to maintain his property in conformity with the approved site development
plan. Failure to do so shall constitute a violation of this chapter.