The intent of site plan approval is to determine compliance with the objectives of this article and with regard to those uses as specified in § 240-43, Compliance with use regulations; Use Regulation Table, that may be permitted in the City of Corning. The objective is to evaluate various land uses that may cause a conflict between existing and proposed uses or be in conflict with natural site conditions and thereby minimize the adverse effects concerning health, safety and overall welfare of the residents of the community. The Planning Commission, at its discretion, may waive the concept and final application procedures and so state the reasons for this action.
A.
The power to approve, approve with modification or deny site plans
for uses as required by this section is vested in the Planning Commission.
Section 30-A of the General City Law[1] provides the legislative means for the City Council to authorize the Planning Commission to review and approve site plans. Prior to issuing a building permit for the construction or expansion of any use as specified in § 240-43, Compliance with use regulations; Use Regulation Table, a site plan and supporting documentation shall be submitted to the Planning Commission for its review and approval. The Planning Commission may require that the site plans and/or supporting documents be prepared by a licensed design professional and shall bear the seal and signature of such licensed design professional. 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.
[1]
Editor's Note: General City Law § 30-a was repealed
by L. 1993, c. 211. See now General City Law § 27-a.
B.
Officials and consultants.
(1)
The Planning Commission may consult with the Code Enforcement Officer,
Department of Public Works, Fire Chief and Police Chief, and other
local and county officials, 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.
(2)
The Planning Commission may request the City Manager to procure consulting
services to clarify for the Commission questions regarding engineering,
traffic, design issues or other issues for which the Commission needs
professional expertise. The Commission may request such consultants
either for general informational purposes or for clarification of
specific requests or applications made to the Commission. If the employment
is for a specific request or application, the person(s) or firm(s)
raising the request for information or making application to the Commission
shall be responsible for all costs associated with the consultant.
(3)
The City Manager shall have the authority to appropriate funds to
cover expenditures for consulting services for the Planning Commission
to be reimbursed by the applicant.
A.
The concept plan submittal is optional. The purpose of the concept
plan is to encourage the person applying for a use to consult early
and informally with the Planning Commission in order to save time
and money and to make the most of opportunities for desirable development.
B.
Concept plan requirements.
(1)
A concept plan, if prepared, shall be submitted to the Planning Commission.
Before preparing a concept layout, the applicant may discuss with
the Planning Commission, Code Enforcement Officer or the City Planning
Consultant the general requirements as to design of streets, reservations
of land, drainage, sewerage, water supply, fire protection and other
improvements, as well as procedural matters.
(2)
The Planning Commission shall provide written comments on the concept
plan of a proposed development in relation to the applicable requirements
of this section, existing or potential development of the adjacent
area, the City development plan and, in the course of its review,
may consult with other interested public agencies.
(3)
The concept plan shall include in as much detail as possible the
following information:
(a)
An area map showing:
[1]
Applicant's entire holdings, that portion of the applicant's
property under consideration for development and any adjacent parcels
owned by the applicant.
[2]
All properties, their ownership and uses, subdivisions, streets,
zoning districts, easements and adjacent buildings within 500 feet
of the applicant's property.
(b)
A site development map showing:
[1]
Existing natural features, such as water bodies, watercourses,
wetlands, wooded areas, individual large trees and flood hazard areas.
[2]
Zoning districts; school districts.
[3]
Easements.
[4]
All existing man-made features.
[5]
All proposed buildings, man-made structures and public improvements.
(c)
A map of site topography, if appropriate.
(d)
A soils overlay, if general site grades exceed 15% or portions
of the site have susceptibility to erosion, flooding or ponding.
A.
Application for preliminary site plan approval shall be made in writing
to the Code Enforcement Officer no less than 15 days prior to a scheduled
Planning Commission meeting. The Code Enforcement Officer shall refer
all preliminary site plan applications to the Planning Commission
for its review and approval. For the purposes of this section, the
submission date shall be the date of the first regular Planning Commission
meeting following submission to the Code Enforcement Officer.
B.
Upon receipt of an application by the Planning Commission, the applicant
shall cause the property for which the application is filed to be
posted with a notice indicating that an application has been made,
the date of the first appearance before the Planning Commission and
that interested persons may obtain more detailed information from
the Code Enforcement Office. The notice shall meet the following standards:
(1)
The notice shall be placed on weatherproof signs that have been provided
by the Code Enforcement Office and placed on the property that is
the subject of the application.
(2)
All such notice shall be posted no later than two days after the
date the application is filed to ensure that notice is posted early
in the review process.
(3)
The signs shall be placed along each abutting street, alley and right-of-way,
perpendicular to the direction of travel, in a manner that makes them
clearly visible to neighboring residents and passersby. At least one
sign shall be posted on each street frontage.
(4)
The signs shall remain in place during the period leading up to a
decision by the Planning Commission, but not less than 10 days.
(5)
On or before the date that the Planning Commission is scheduled to
make a decision on the application, the applicant shall certify in
writing that required notice was posted according to the requirements
of this section.
The preliminary site plan application shall include the information
listed below. The Planning Commission may at its discretion waive
any preliminary requirements which are clearly not relevant to the
proposed use and site.
A.
An area map showing that portion of the applicant's property under
consideration for development, any adjacent parcels owned by the applicant,
and all properties, their ownership, uses thereon, subdivisions, streets,
zoning districts, easements and adjacent buildings within 500 feet
of the applicant's property.
B.
A preliminary site plan shall include the following information:
(1)
Title of drawing, including name and address of applicant.
(2)
North point, scale and date.
(3)
Boundaries of the project plotted to scale of not more than 100 feet
to one inch on a survey map prepared by a New York State licensed
surveyor.
(4)
Existing natural features, such as watercourses, water bodies, wetlands,
wooded areas and individual large trees [30 inches diameter at breast
height (DBH)]. Features to be retained should be noted.
(5)
Existing and proposed contours at intervals of not more than five
feet of elevation.
(6)
Location of proposed land uses and their areas in acres and location,
proposed use and height of all buildings.
(7)
Location of all existing or proposed site improvements, including
streets, drains, culverts, retaining walls, fences and easements,
whether public or private.
(8)
Description of sewage and water systems and location of such facilities.
(9)
Location and proposed development of buffer areas and other landscaping.
(10)
Delineation of the various residential areas, if applicable,
indicating for each such area its general extent, description and
composition of dwelling unit type and a calculation of the residential
density in dwelling units per square footage for each such area.
(11)
Location of all parking and truck-loading areas with access
and egress drives thereto.
(12)
Location, design and size of all signs and lighting facilities.
(13)
The approximate locations and dimensions of areas proposed for
neighborhood parks or playgrounds, or other permanent open space.
(14)
Building orientation and site design for energy efficiency.
(15)
Location and design of all energy distribution facilities, including
electrical, gas and solar energy.
(16)
Grading and erosion plan. Description and location of control
measures, including proposed location of sediment sink/settling pond
and interceptor swales, etc.
(17)
Location and design for stormwater management facilities.
(18)
Drainage report, including supporting design data and copies
of computations used as a basis for the design capacities and performance
of drainage facilities.
(19)
The lines and dimensions of all property which is offered, or
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.
C.
The Planning Commission may require such additional information that
appears necessary for a complete assessment of the project.
D.
Review by Planning Commission. The Planning Commission review of
the preliminary site plan shall include but is not limited to the
following considerations:
(1)
Adequacy and arrangement of vehicular traffic access and circulation.
(2)
Location, arrangement, appearance and sufficiency of off-street parking
and loading.
(3)
Location, arrangement, size and design of buildings, lighting and
signs.
(4)
Relationship of the various uses to one another and their scale.
(5)
Adequacy, type and arrangement of trees, shrubs and other landscaping
constituting a visual and/or noise-deterring buffer between adjacent
uses and adjoining lands.
(6)
Adequacy of stormwater and sanitary waste disposal.
(7)
Adequacy of structures, roadways and landscaping in areas susceptible
to flooding and ponding and/or erosion.
(8)
Compatibility of development with natural features of the site and
with surrounding land uses.
(9)
Adequacy of floodproofing and prevention measures consistent with
flood damage prevention district regulations.
(10)
Adequacy of building orientation and site design for energy
efficiency. The extent of which the proposed plan conserves energy
use and energy resources in the community, including the protection
of adequate sunlight for use by solar energy systems.
(11)
Adequacy of open space for play areas, informal recreation and
the retention of natural areas, such as wildlife habitats, wetlands
and wooded areas.
(12)
Adequacy of pedestrian access, circulation, convenience and
safety.
Upon the Planning Commission's findings that the preliminary
site plan application is complete and satisfactory, a public hearing
shall be scheduled within 45 days from the time of such findings.
For the purpose of this chapter, the submission date shall be taken
as the date of the first regular Planning Commission meeting following
submission of the preliminary site plan to the Code Enforcement Officer.
The hearing shall be advertised at least five days prior to the scheduled
date in a newspaper of general circulation in the City.
Within 45 days of the public hearing at which a preliminary
site plan is considered, the Planning Commission shall act upon it.
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 approved, conditionally approved or disapproved. A copy
of the appropriate minutes of the Planning Commission'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 Commission's statement will contain the reasons for such
findings. In such a case the Planning Commission may recommend further
study of the proposal and resubmission of the preliminary site plan.
A.
After receiving approval, with or without conditions, 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 a final site plan and submit it to the Planning Commission
for its review and approval. However, if more than six months have
elapsed between the time of the Planning Commission's report on the
preliminary site plan and 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 revisions prior to accepting the proposed final
site plan 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 Commission
at the preliminary review. All compliances shall be clearly indicated
by the applicant.
Within 45 days of the submission of the final site plan, the
Planning Commission shall render a decision.
A.
Upon approval, the Planning Commission 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.
B.
Upon disapproval, the Planning Commission shall so inform the Code
Enforcement Officer, and he/she shall deny a building permit. 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.
C.
Specifications for improvements shown on the site plan shall be those
set forth in this article and in other laws, ordinances, rules and
regulations, or in construction specifications of the City of Corning.
D.
All approvals for final site plans issued by the Planning Commission
shall expire 18 months from the date of the approval if 50% of the
improvements for which the approval was given have not been completed.
An applicant may return to the Planning Commission prior to the expiration
of the original approval to request a one-year extension to that approval.
The Commission may or may not grant the extension, and the Commission
may require changes to the plan if circumstances warrant. If improvements
are not completed within a granted one-year extension period, the
approval in total shall expire. All dates shall be calculated from
the date of the original site plan approval.
The applicant or any interested person may appeal a decision
of the Planning Commission. The appeal shall be made to the Supreme
Court for review by a proceeding under Article 78 of the Civil Practice
Law and Rules. If the applicant is denied on the basis of a dimensional
aspect of the site plan that does not meet the code, he/she may seek
an area variance from the Zoning Board of Appeals on that specific
dimensional issue.
