The purpose of site plan review is to implement the City's long-term
planning goals. Specifically, site plan review is intended to determine
compliance with the objectives of this chapter where inappropriate
development may cause a conflict between uses in the same or adjoining
zoning district by creating conditions which could adversely affect
the public health, safety or general welfare.
Prior to the issuance of a building permit, special use permit,
variance or other discretionary approval required from the Planning
Board or Zoning Board of Appeals for construction, alteration or change
of use in any district, except for a single-family or two-family dwelling
and related accessory uses, the Zoning Officer shall require the preparation
of a site plan. The Zoning Officer shall refer the site plan to the
Planning Board for its review and approval in accordance with the
standards and procedures set forth in this article.
A.
Applicants shall meet with the Zoning Officer and/or the Planning Board to review the basic site design concept and determine the information to be required on the preliminary site plan. The purpose of the sketch plan conference is to discuss with the applicant the project's conformity with the City's long-term planning goals, to determine whether the activity is subject to the performance standards of § 285-71, and to advise the applicant of other issues or concerns. The sketch plan conference provides an opportunity to indicate whether the proposal, in its major features, is acceptable or whether it should be modified before expenditures for more detail plans are made.
B.
Required data. Information to be included on the sketch plan is as
follows:
(1)
An area map showing the parcel under consideration for site
plan review and all parcels, structures, subdivisions, streets, driveways,
easements and permanent open space within 200 feet of the boundaries
thereof or at the discretion of the Zoning Officer.
(2)
A map of site topography at no more than five-foot contour intervals
or at the discretion of the Zoning Officer. If general site grades
exceed 5% or if portions of the site have susceptibility to erosion,
flooding or ponding, a soils overlay and topographic map showing contour
intervals of not more than two feet of elevation should also be provided.
(3)
General identification of all existing natural features and
utilities on the site and in the area.
(4)
The location of all existing and proposed structures on the
site and designated uses for each.
(5)
Identification of existing zoning classification(s) of the property
and all adjacent properties and any restrictions on land use of the
site.
A.
Application for preliminary site plan approval. An application for
preliminary site plan approval shall be made in writing to the Zoning
Officer and shall be accompanied by information drawn from the following
checklist, as determined necessary by the Zoning Officer at the sketch
plan conference. All site plan information and building designs shall
be prepared by a licensed architect or engineer.
B.
Preliminary site plan checklist. Additional design standards and
directions regarding the items to be shown on specific plan sheets
may be found in the administrative checklist available from the Zoning
Officer. The preliminary site plan shall include:
(1)
Title of drawing, including name and address of applicant and
person responsible for preparation of such drawing.
(2)
North arrow, graphic scale and date.
(3)
Boundaries of the property, plotted to scale.
(4)
The location of existing property lines, easements, structures,
streets, driveways and natural features within 200 feet of the proposed
site or at the discretion of the Planning Board; natural features
subject to other state or federal regulations which may restrict development.
(5)
Grading and drainage plan, showing existing and proposed contours. The drainage plan shall also clearly explain the methodology used to project stormwater quantities and the resultant peak flow conditions. The grading plan shall be in accordance with the provisions specified in § 285-122A(6).
(6)
Green infrastructure stormwater treatment devices designed in
accordance with the most recent New York State Stormwater Management
Design Manual, which may include bioretention, tree pits, vegetated
swales, dry or wet swales, or sunken stormwater planters.
(7)
A rooftop stormwater conveyance system in accordance with the provisions specified in § 285-121F(3).
(8)
Soil protection plan, identifying the areas of various soil types on the property, hydrologic soil groups, and soil erosion factors. The plan shall be in accordance with the provisions specified in § 285-121A(2).
(9)
Location, proposed use, hours of operation and height of all
buildings; summary of the amount of square footage devoted to each
use requiring off-street parking or loading.
(10)
Number, location, design and construction materials of all parking and loading areas, showing ingress and egress; location of reserved parking areas as required by the off-street parking regulations of Article X, § 285-88. Identification of all public parking and bicycle parking located within 800 feet of the project site.
(11)
Provisions for pedestrian access, including, but not limited to, sidewalks designed in accordance with the provisions specified in § 285-121B(4).
(12)
Size, type, location and screening of all facilities used for
recycling and disposal of solid waste.
(13)
Location, dimensions and vehicle capacity of drive-in facilities
and related queuing lanes.
(14)
Building elevation(s) showing building massing, window and door
spacing and treatments and other architectural features; and indication
of building materials suitable to evaluate architectural compatibility.
(15)
Location, purpose and holder of all proposed easements or dedications
for utilities, recreation, conservation or other purposes.
(16)
Location, size, screening and type of material for any proposed
outdoor storage.
(17)
Location, design and construction materials of all existing
or proposed site improvements, including drains, culverts, retaining
walls and fences.
(18)
Description of the type and quantity of sewage expected, the
method of sewage disposal and the location, design and construction
materials of such facilities.
(19)
Description of the type and quantity of water supply needed,
the method of securing water supply, and the location, design and
construction materials of such facilities.
(20)
Location of fire and other emergency zones, including the location
of fire hydrants.
(21)
Location, design and construction material of all energy-distribution
facilities, including electrical, gas, wind power, solar energy and
other public utility facilities, such as cable or phone service.
(22)
Location, size, design and construction materials of all proposed
signs.
(23)
Location of proposed buffer areas, including existing vegetative cover. Existing natural buffer areas shall be preserved and maintained in accordance with the provisions specified in § 285-121A(3).
(24)
Location, type, height, brightness and control of outdoor lighting
facilities.
(26)
Identification of permanent open space or other amenities provided
in conjunction with cluster or incentive zoning provisions.
(27)
A table summarizing each building footprint, total size in square
feet and number of stories; the number of dwelling units and the amount
of square feet devoted to each use type; size, in square feet or acres,
of access, parking and circulation areas and the number of loading,
queuing and parking spaces; size in square feet of landscaped and
natural open space; and size in square feet and text of all signs.
(28)
A landscaping plan and planting schedule in accordance with Article IX. The landscaping plan should also identify and account for the preservation of major vegetation and mature trees in accordance with the provisions specified in § 285-121A(4).
(29)
Other elements integral to the proposed development as considered
necessary by the Planning Board, to include showing railroads or any
other type of transportation facilities not specified.
(30)
All forms and information pursuant to New York State Environmental
Quality Review Act (SEQRA).
(31)
For all developments disturbing more than one acre, the New
York State Department of Environmental Conservation (NYSDEC) requires
that municipalities receive a copy of the stormwater pollution prevention
plan (SWPPP) prior to plan approval. The owner is required to comply
with the NYSDEC's SPEDES General Permit for Stormwater Discharge from
Construction Activity Permit No. GP-02-01 or the latest effective
SPEDES General Permit on record with NYSDEC.
(32)
The owner shall not include any curbing along any roadways which
may interfere with stormwater flows unless it is demonstrated that
such curbs are necessary for engineering or safety reasons.
The Planning Board's review of a preliminary site plan shall
include, as appropriate, but is not limited to, the following:
A.
General considerations as to:
(1)
Adequacy and arrangement of vehicular traffic access and circulation,
including intersections, road widths, pavement surfaces, dividers
and traffic controls for parking, loading and drive-in facilities.
(2)
Adequacy and arrangement of pedestrian traffic access and circulation,
walkway structures, control of intersections with vehicular traffic
and overall pedestrian convenience. In general, sidewalks shall be
required along all dedicated roads on lots within 1,000 feet of a
school, park or residential concentration.
(3)
Location, arrangement, appearance and sufficiency of both on-street
and off-street parking and loading.
(4)
Location, arrangement, size, design and general architectural
and site compatibility of buildings, lighting, signs and landscaping.
(5)
Adequacy of stormwater calculation methodology and stormwater
and drainage facilities to eliminate off-site runoff and maintain
water quality.
(6)
Adequacy of water supply and sewage disposal facilities.
(7)
Size, location, arrangement and use of required open space and
adequacy of such open space to preserve scenic views and other natural
features, to provide wildlife corridors and habitats, to provide suitable
screening and buffering; and to provide required recreation areas.
(8)
Suitability of proposed hours of operation.
(9)
Protection of adjacent or neighboring properties against noise,
glare, unsightliness or other similar nuisances.
(10)
Adequacy of community services, including fire, ambulance and
police protection, and on-site provisions for emergency services,
including fire lanes and other emergency zones, fire hydrants and
water pressure.
(11)
Adequacy and unobtrusiveness of public utility distribution
facilities, including those for gas, electricity, cable television
and phone service. In general, all such utility distribution facilities
shall be required to be located underground.
(12)
Making provision for, so far as conditions may permit, the accommodation
of solar energy systems and equipment and access to sunlight necessary
therefor.
(13)
Conformance with the City of Cohoes' long-term planning goals.
(14)
Conformance with density, lot size, height, yard and lot coverage
and all other requirements of district regulations.
(15)
Consideration of bicycle lanes, pedestrian walkways and complete
streets recommendations.
(16)
Consideration of solar access.
B.
Applicant to attend Planning Board meeting. The applicant and/or
a duly authorized representative shall attend the meeting of the Planning
Board.
D.
Consultant review. The Planning Board may consult with the Zoning
Officer, Historic Preservation and Architectural Review Board, Fire
Chief and other appropriate local and county officials and departments
and its designated private consultants, in addition to representatives
of federal and state agencies, including but not limited to the Soil
Conservation Service, the State Department of Transportation and the
State Department of Environmental Conservation.
E.
Public hearing. The Planning Board shall conduct a public hearing
on the preliminary site plan. Such public hearing shall be conducted
within 62 days of the receipt of the application for preliminary site
plan approval. Notice of said hearing shall be mailed to the applicant
not less than 10 days before the hearing date and shall be advertised
in a newspaper of general circulation in the City of Cohoes at least
five days but not more than 30 days before the public hearing.
A.
Within 62 days after the public hearing the Planning Board shall
act on the application for preliminary site plan approval. 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,
disapproved or approved with modifications and shall be filed with
the City Clerk within five days of the decision and mailed to the
applicant.
B.
The Planning Board's statement may include recommendations of desirable
modifications to be incorporated in the final site plan, and conformance
with said modifications shall be considered a condition of approval.
If the preliminary site plan 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 site plan and
resubmission to the Planning Board after it has been revised or redesigned.
A.
After receiving approval, with or without modifications, from the
Planning Board on a preliminary site plan, the applicant shall submit
a final detailed site plan to the Planning Board for approval. If
more than six months have elapsed since the time of the Planning Board's
action on the preliminary site plan 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 revision prior to accepting the proposed
final site plan for review. The Planning Board may also require a
new public hearing. The final site plan shall conform substantially
to the approved preliminary site plan. It should incorporate any modifications
that may have been recommended by the Planning Board in its preliminary
review. All such compliance shall be clearly indicated by the applicant
on the appropriate submission.
B.
The following additional information shall accompany an application
for final site plan approval:
(1)
Record of application for and approval status of all necessary
permits from local, state and county officials.
(2)
An estimated project construction schedule.
(3)
A legal description of all areas proposed for municipal dedication.
(4)
An easement or other recordable instrument executed by the owner
for any permanent open spaces created and whether such open space
is the result of site plan review or incentive zoning provisions.
C.
If no building permit is issued within one calendar year from the
date of final site plan approval, the final site plan approval shall
become null and void.
Prior to taking action on the final site development plan, the
Planning Board shall refer the plan to the County Planning Board for
advisory review and a report in accordance with § 239-m
of General Municipal Law.
A.
Within the next day of receipt of the application for final site
plan approval, or within 62 days if a public hearing is held, the
Planning Board shall notify the Zoning Officer, in writing, of its
decision. The Planning Board shall file its decision with the City
Clerk within five days of the final Planning Board decision. The time
within which the Planning Board must render its decision may be extended
by mutual consent of the applicant and the Planning Board.
B.
Upon approval of the final site plan and payment by the applicant
of all fees and reimbursable costs due and letter of credit if required,
the Planning Board shall endorse its approval on a copy of the final
site plan. A copy of the approved final site plan shall be filed with
the Zoning Officer and may be provided to the applicant.
C.
Upon disapproval of a final site plan, the Planning Board shall so
inform the Zoning Officer, and the Zoning Officer shall deny a building
permit to the applicant. The Planning Board shall also notify the
applicant in writing of its decision and its reasons for disapproval.
The Planning Board shall file its decision with the City Clerk within
five days of the final Planning Board decision.
Costs incurred by the Planning Board for consultation fees or
other extraordinary expense in connection with the review of a proposed
site plan or inspection of required improvements shall be charged
to the applicant. Estimated review fees shall be deposited into an
escrow account when making application for preliminary site plan approval.
Estimated inspection fees shall be deposited into an escrow account
prior to Planning Board endorsement of final site plan approval.
No certificate of occupancy shall be issued until all improvements
shown on the site plan are installed or an irrevocable letter of credit
has been posted for improvements not yet completed. The letter of
credit shall be approved as to form by the Municipal Attorney and
as to amount by the Municipal Engineer. The member of the Planning
Board designated to sign site plans shall not sign until a letter
of credit, if required, has been received by the Zoning Officer and
approved by the Common Council.
The Zoning Officer shall be responsible for the overall inspection
of site improvements. The applicant shall be responsible for advance
notice for inspection coordination with officials and agencies, as
appropriate. The Zoning Officer may retain the services of a qualified
private consultant to assist with inspection of site improvement.
Whenever the particular circumstances of a proposed development require compliance with either the special use permit procedure pursuant to § 285-10B of this chapter, or the requirements for the subdivision of land in Article XIII, the Planning Board shall attempt to integrate, as appropriate, site plan review as required by this article with the procedural and submission requirements for such other compliance.
