A.
Purpose. The purpose of this section is to allow for the proper integration
into the community of those uses listed in the Bulk and Use Tables
of this chapter, which have been determined to be suitable within
a zoning district only on certain conditions and only at appropriate
locations. The site plan review process intends to:
(1)
Promote those qualities in the environment which retain or bring
quality to life as well as material value to the community.
(2)
Foster the attractiveness and functional utility of the community
as a place to live and work.
(3)
Preserve the character and quality of our heritage by maintaining
the integrity of those areas which have a discernible character or
are of special historic significance.
(4)
Protect existing investments in the area.
(5)
Encourage, where appropriate, a mix of uses within permissible use
zones.
(6)
Raise the level of community expectations for the quality of its
environment.
(7)
Afford the City the ability to accommodate growth resulting from
the proposed uses without undue, adverse effect on the City and its
citizens and taxpayers.
(8)
To protect the health, safety and general welfare of the City and
its citizens.
(9)
To enforce and uphold the objectives of the City's Comprehensive
Plan.
B.
Applicability.
(1)
All new uses require site plan review, with the exception of single-
and two-family residential dwellings and related uses.
(2)
No zoning, building, use or certificate of occupancy permit shall
be issued by the Building and Zoning Administrator for any use listed,
nor shall any use be changed in nature or intensity, nor shall any
building be erected, moved, structurally altered, added to or enlarged,
and no excavation or clearing of the subject site shall begin until
a site plan review has been conducted and approved by the Planning
Commission in accordance with this article.
(3)
Any proposed additions to an existing building or lot or any proposed
changes in the use of an existing building or lot that are subject
to site plan review may require a public hearing.
(4)
The applicant shall be responsible for providing the Planning Commission with detailed drawings, including but not limited to site plans, floor plans, elevations, and color renderings, of the proposed addition or change in the use of an existing building or lot. The contents of these drawings shall be in accordance with the requirements set forth in § 179-75B of this chapter and shall be provided in both hard copy and digital format.
(5)
Any project which only entails the construction of a fence shall
not trigger a site plan review. However, a fence that is erected as
part of a new building or an addition to an existing building, or
as part of the change in the use of a building, shall be subject to
a site plan review.
(6)
The Planning Commission may waive stated submittal requirements as
identified in this chapter. If the applicant fails to submit sufficient
information to the Planning Commission, said application will be deemed
incomplete and returned to the applicant.
(7)
All construction shall be in accordance with the New York State Code,
Rules and Regulations.
(8)
The provisions of the State Environmental Quality Review Act (SEQR)
shall apply as appropriate for all applications and improvements authorized
by this article. Wherever possible, SEQR review shall be integrated
into the normal project review, and environmental factors considered
in the planning and review of development. The City of Rensselaer
Planning Commission may be designated as the lead agency according
to all applicable rules and regulations as identified in New York
State Environmental Conservation Law § 8-0113 and NYCRR
Part 617.6.
A.
Authorization. In accordance with § 30-a of the General
City Law, the Common Council does hereby authorize the Planning Commission
to review and approve with modifications or disapprove site plan documents
prepared to specifications set forth in this chapter and in accordance
with regulations set forth by the Planning Commission. Such site plan
review shall be made of all development required under the terms of
this chapter.
B.
Application submission and nonreturnable fee. The complete application
for site plan review shall be submitted to the Code Enforcement Officer
at least 14 working days in advance of a regularly scheduled Planning
Commission meeting. A nonreturnable fee as established by the Common
Council shall be submitted with the application. Said application
shall be on a form provided by the Planning Commission and available
in the Code Enforcement office.
C.
Building and Zoning Administrator review. The Building and Zoning
Administrator will review the application for completeness and notify
the applicant if a waiver of document submittal requirements is granted.
The Building and Zoning Administrator, in or after consultation with
the Planning Director, also has the authority to determine those site
plans which are minor in nature and, therefore, do not require review
and approval by the City of Rensselaer Planning Commission.
D.
Sketch plan conference. A sketch plan conference may be held between
the Planning Commission, Building and Zoning Administrator and the
applicant at the request of either party to review the basic site
design concept and generally determine the information to be required
on the site plan. At the sketch plan conference, the applicant should
provide the data discussed below in addition to a statement or rough
sketch describing what is proposed:
(1)
An area map showing the parcel under consideration for site plan
review and all properties, subdivisions, streets and easements within
200 feet of the boundaries thereof.
(2)
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 soils overlay and a topographic
map showing contour intervals of not more than two feet of elevation
should also be provided.
A.
Application for preliminary site plan approval. The preliminary site plan application process, as outlined in this section, is not a requirement for site plan approval. The applicant may consult with the Building and Zoning Administrator and/or Planning Commission to determine if this preliminary step is advisable in order to ensure the applicant is adequately prepared to move into the final detailed site plan application process, as outlined in § 179-76. Any preliminary application for site plan approval shall be made in writing to the Building and Zoning Administrator and shall be accompanied by 12 hard copies and one electronic copy of the following information, prepared by an engineer, architect, landscape architect or surveyor duly licensed by the State of New York according to each person's particular discipline. Said application shall include drawings needed to define the project, at the discretion of the Building and Zoning Administrator, including but not limited to the following:
B.
Requirements. The drawings to be provided and the information to
be identified on each of the drawings is identified below:
(1)
Site plan. Requirements for site plans shall be as follows:
(a)
The title of the drawing, including the address of the project
site(s) and the name and address of the applicant and person responsible
for preparing said plan. Project plans that have undergone multiple
iterations and submittals to the Planning Commission shall be distinguishable
from previous submittals via amendments to the drawing title to denote
a new version.
(b)
Unless otherwise allowed by the Planning Commission, a scale
of one inch equals 50 feet, with two-foot contours showing the topography
of the lot and areas within 50 feet of the lot.
(c)
A North arrow, scale and most recent date for which the drawings
were prepared.
(d)
Boundaries of the property and adjoining properties within 200
feet plotted to scale; current zoning classification of property,
including the exact zoning boundary, if in more than one district.
(e)
Existing watercourses and freshwater wetlands, as identified
by the New York State Department of Environmental Conservation and
the United States Army Corps of Engineers. (Refer to City of Rensselaer
Comprehensive Plan for locations.)
(f)
Locations and widths of all ingress, egress and circulatory
drives and access points to existing roads and highways; locations
of all parking and/or truck loading areas.
(g)
Locations and dimensions for pedestrian and bicycle access,
along with existing and proposed circulation patterns and stops for
local/regional transit service.
(h)
Locations for outdoor storage, including refuse, if any.
(i)
Locations and dimensions of all existing or proposed site improvements,
including drains, culverts, retaining walls, sidewalks and fences.
(j)
Locations of all proposed site and building mounted signs.
(k)
The location and amount of building area proposed for various
uses of the site, including all points of ingress and egress.
(l)
The location, width and purpose of all existing and proposed
easements, setbacks, reservations and areas dedicated to public use
on the site(s) and property (properties).
(m)
Location of vehicle, equipment, and material staging areas,
storage and stockpile areas, and other areas to be utilized and disturbed
during construction, including the location of portable restroom facilities.
(n)
Proposed routes and access points for construction traffic.
(2)
Grading plan. Requirements for grading plans shall be as follows:
(a)
A grading plan showing existing and proposed contours, including
spot elevations along structures and site improvements where appropriate
to determine the flow of surface runoff. The inclusion of arrows denoting
surface flow direction is also preferred where appropriate.
(b)
Line(s) denoting limits of disturbance, clearing, grubbing,
and grading as appropriate. Protective fencing for areas and vegetation
to be preserved and undisturbed throughout construction shall also
be shown.
(c)
Documents and plans pursuant to the requirements of the New
York State Pollution Discharge Elimination System (SPDES), including
a completed stormwater pollution prevention plan (SWPPP) for Planning
Commission review.
(d)
Construction management plan and an inspection schedule as required
by a licensed engineer.
(3)
Utilities plan. Requirements for utilities plans shall be as follows:
(a)
The locations and size of water, sanitary sewer and storm sewer
lines and appurtenances and connections to utility services, including
all invert and grate elevations. Where possible, the inclusion of
arrows denoting the flow of storm and sanitary sewers is preferred.
(b)
Locations of fire and other emergency zones, including the location
of fire hydrants and building sprinkler system connection points.
(c)
Locations of all fuel and energy exploration, generation, transmission,
distribution and storage facilities, including but not limited to
electricity, natural gas, propane, motor vehicle fuels, and wind,
solar and geothermal energy systems.
(d)
Locations of outdoor lighting facilities, including the locations
of poles, bollards, and building-mounted fixtures. Where appropriate
and upon request, a photometric plan shall also be prepared and submitted
for review and approval by the Planning Commission and Building and
Zoning Administrator.
(e)
Locations of telephone, cable and other telecommunications devices
and facilities.
(4)
Building plans. Requirements for building plans shall be as follows:
(a)
Floor plans showing the location of all building ingress and
egress points.
(b)
Elevation plans denoting the type of construction and construction
materials, and exterior dimensions of all building elements and facades.
Building elevations shall include structures on adjoining lots to
indicate the scale and massing of the proposed structure in relation
to the neighborhood.
(5)
Detail plans. Requirements for detail plans shall be as follows:
(a)
The design dimensions and type of construction of all driveways,
parking areas and/or loading areas.
(b)
The design and construction materials of all proposed site improvements,
including drains, culverts, retaining walls and fences.
(c)
The design and construction materials to be used for all water
and sewer lines and appurtenances.
(d)
The design of all fire hydrants.
(e)
The design and construction materials of all fuel and energy
exploration, generation, transmission, distribution and storage facilities.
(f)
The design dimensions, type of construction materials, including
illumination, of all proposed signs.
(g)
The design and construction, including dimensions, of outdoor
lighting facilities and the area of illumination on subject and adjacent
properties.
(6)
Landscaping plan. Requirements for landscaping plans shall be as
follows:
(a)
The location and dimensions of proposed buffers, screening and
fence areas specifying materials and vegetation; include existing
vegetative cover and proposed areas of lawn and groundcover.
(b)
A general landscaping plan and planting schedule specifying
types and size of vegetation. The size of vegetation at installation
and upon maturity shall be noted on the plans.
(7)
Required additional information. In addition to the aforementioned
drawings, an applicant must submit the following information:
(a)
An estimated project construction schedule which includes start-up
and completion dates and any interim dates of significance.
(b)
State Environmental Quality Review (SEQR) information and forms.
(c)
A description of all existing or proposed deed restrictions
or covenants applying to the property must be submitted.
C.
Standards for approval or disapproval. The Planning Commission's
review of the site plan documents shall include, as appropriate, but
is not limited to the following general considerations:
(1)
The location, arrangement, spacing, massing, height, size, architectural
design and general site compatibility of buildings, lighting and signs.
(2)
The adequacy and arrangement of vehicular traffic access and circulation,
including intersections, road widths, pavement surfaces, dividers
and traffic controls.
(3)
The adequacy and arrangement of pedestrian traffic access and circulation,
walkway structures, control of intersections with vehicular traffic
and overall pedestrian convenience and safety.
(4)
The location, arrangement, appearance and sufficiency of off-street
parking and loading.
(5)
The adequacy of stormwater and drainage facilities.
(6)
The adequacy of water supply and sewage disposal facilities.
(7)
The 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.
(8)
In the case of an apartment complex, townhouses, condominiums, cooperatives
or other multiple dwellings, the adequacy of usable open space for
recreation.
(9)
The protection, buffering, and/or screening of adjacent or neighboring
properties against noise, glare, unsightliness or other objectionable
elements of the proposed land use's performance within the community.
(10)
The adequacy of fire lanes and other emergency zones and the
provision of fire hydrants.
(11)
Special attention to the adequacy and impact of structures,
roadways and landscaping in areas with susceptibility to ponding,
flooding and/or erosion.
(12)
The adequacy of setbacks in regard to achieving maximum compatibility
and protection to adjacent properties and residential districts.
(13)
The structure or structures, to be aesthetically compatible
with existing and planned uses of adjacent properties and districts
and promote the protection of existing neighborhood character.
(14)
Consistency with the City's Comprehensive Plan.
D.
Modifications. The Planning Commission may require such additional
provisions and conditions that appear necessary for the public health,
safety and general welfare, and it may waive, in appropriate circumstances,
any of the above requirements which it deems not applicable to a particular
application.
E.
Action on preliminary application.
(1)
Within 62 days of the receipt of a complete application for preliminary
site plan approval, the Planning Commission may hold a public hearing
which shall be advertised in a newspaper of general circulation in
the City at least five days before its scheduled date. In addition
to the public notice of hearing, notice shall be given by first-class
mail to all property owners of land immediately adjacent, extending
500 feet from and directly opposite thereto, a property which has
a site plan review pending before the Planning Commission, at least
five days in advance of the hearing. Additionally, same said notice
shall be mailed to property owners of land immediately adjacent, extending
500 feet from and directly opposite thereto, an institutional or municipal
boundary of if a special use permit has also been requested.
(2)
If no Planning Commission decision is made and noticed to the applicant
within 62 days following the hearing, the preliminary site plan shall
be considered approved. The Planning Commission's action shall be
in the form of a written statement to the applicant stating whether
or not the preliminary site plan is conditionally approved. A copy
of the decision of the Planning Commission shall be sufficient notice.
(3)
The Planning Commission's statement may include recommendations as
to desirable revisions to be incorporated in the final site plan,
conformance with which shall be considered a condition of approval.
If the preliminary site plan is disapproved, the Planning Commission's
statement will contain the reasons for such findings. In such case
the Planning Commission may recommend further study of the site plan
and resubmission of the preliminary site plan to the Planning Commission
after it has been revised or redesigned.
F.
Compliance with SEQR. The Planning Commission shall not take final
action on any site plan proposal until all SEQR requirements have
been addressed in accordance with 6 NYCRR 617.
A.
Application.
(1)
After receiving conditional approval from the Planning Commission
on a preliminary site plan, and approval for all necessary permits
and curb cuts from state and county officials, the applicant may prepare
his final detailed site plan and submit it to the Planning Commission
for approval, except that if more than six months has elapsed since
the time of the Planning Commission's report on the preliminary site
plan or if the Planning Commission finds that conditions have changed
significantly in the interim, the Planning Commission may require
a resubmission of the preliminary site plan for further review and
possible revision prior to accepting the proposed final site plan
for review.
(2)
The final detailed site plan shall conform substantially to the preliminary
site plan that has received preliminary site plan approval. It should
incorporate any revisions or other features that may have been recommended
by the Planning Commission at the preliminary review. All such compliances
shall be clearly indicated by the applicant on the appropriate submission.
If a landscape plan was not submitted on prior applications, such
a plan must be submitted with the application for final approval.
B.
Action on the final detailed site plan application.
(1)
If the application for final site plan approval is complete and satisfactory,
the Planning Commission shall schedule a public hearing to be held
within 62 days from the time of submission of the complete application,
unless, however, the Planning Commission deems the final site plan
to be in substantial agreement with the preliminary plat previously
submitted and approved, in which case the public hearing may be waived.
The hearing, if required, shall be advertised in a newspaper of general
circulation in the City at least five days before its scheduled date.
In addition to the public notice of hearing, notice shall be given
by first-class mail to all property owners of land immediately adjacent,
extending 500 feet from and directly opposite thereto, a property
which has a site plan review pending before the Planning Commission,
at least five days in advance of the hearing.
(2)
Upon approving an application, the Planning Commission shall prepare
a written decision on an application for site plan review and shall
have such decision immediately filed in the office of the City Clerk
and the Building and Zoning Administrator and a copy thereof mailed
to the applicant. The Building and Zoning Administrator shall then
issue a building permit to the applicant if the project conforms to
all other applicable requirements.
(3)
Upon disapproving an application, the Planning Commission shall so
inform the Building and Zoning Administrator, and he shall deny a
building permit to the applicant. The Planning Commission shall also
notify the applicant in writing of its decision and its reasons for
disapproval. A copy of the appropriate minutes may suffice for this
notice.
[Amended 10-21-2020 by L.L. No. 9-2020]
A.
Termination.
(1)
Such site plan approval will automatically terminate one year after
the same is granted unless a building permit has been issued and significant
work has been commenced on the project. Building permits shall expire
one year after the same is granted.
(2)
Such site plan approval may be terminated for cause at any time after
10 days' written notice to the applicant.
(3)
Such site plan approval will terminate if a property remains vacant
for more than one year.
B.
Extension. Prior to termination of site plan approval, an applicant
may file for an extension of site plan approval for the period of
six months upon the approval of the Planning Commission and Building
and Zoning Administrator. Prior to expiration of such extension, an
applicant may apply for one additional extension.
C.
Renewal. Within one year of the expiration of site plan approval
and any extension thereto, an applicant may apply for renewal of site
plan approval for a period not to exceed one year from approval of
such renewal.
A.
Administration and inspections. The provisions of this article shall
be administered and enforced by the Building and Zoning Administrator,
who shall have the power to make inspections of buildings or premises
necessary to carry out his duties in the enforcement of this article.
No zoning permit or certificate of occupancy required hereunder shall
be issued by the Building and Zoning Administrator except after compliance
with the provisions of this article.
B.
Changes to drawings.
(1)
No site plan drawings approved by the Planning Commission shall be
changed, modified or altered in any way until the Building and Zoning
Administrator reviews said proposed change, modification or alteration.
The property owner shall submit to the Building and Zoning Administrator
an application requesting a modification to an approved site plan.
Said application shall outline the details of the proposed changes,
the reasons for the proposed changes and the possible impacts of the
proposed changes. If the Building and Zoning Administrator determines
that a proposed change, modification or alteration is minor, he or
she shall approve, approve with conditions, or disapprove of said
change. If the Building and Zoning Administrator determines that the
proposed change, modification or alteration of a final site plan drawing
is significant, he or she shall not take any action and shall direct
the property owners to obtain written approval from the Planning Commission.
(2)
The Planning Commission may schedule and hold a public hearing on
any proposed changes to approved site plan drawings under conditions
outlined in his section. Any proposed changes to approved site plan
drawings shall be reviewed by the Planning Commission within 30 calendar
days of the receipt of a complete application by the Building and
Zoning Administrator. The Planning Commission shall approve, approve
with modifications or disapprove the request for said changes. Failure
of the Planning Commission to act on such matter within 30 days shall
constitute conditional approval of said changes. The Planning Commission
may, however, table such request for changes to site plan drawings
if the Planning Commission feels that the applicant has not provided
sufficient information regarding the changes being proposed.
C.
Performance guaranties. With site plans that involve removal of topsoil,
grading and/or excavating, a performance bond, letter of credit or
some other form of surety acceptable to the City Attorney shall be
required to ensure that site plan work is completed. No certificate
of occupancy shall be issued until all improvements shown on the site
plan drawings are installed or a sufficient performance guaranty has
been posted for improvements not yet complete.
