A.
In all cases where this chapter requires authorization and approval
of plans by the Planning Board, no building permit shall be issued
by the Building Inspector except upon authorization of, and in conformity
with the plans approved by, the Planning Board. All uses other than
one-family detached dwellings or for additions, alterations or structures
accessory require site plan approval by the Planning Board.
B.
Pre-submission conference. Site plan applications may, at the discretion
of the Code Enforcement staff and the Planning Board, have an optional
pre-submission conference.
(1)
The purpose of such conference shall be to give both the City and
the applicant an opportunity to gain a better perspective on the ramifications
of the proposal. This conference does not constitute a formal submission
of an application. The applicant may prepare a sketch plan and narrative
description of the project and provide copies as requested by Code
Enforcement staff and members of the Planning Board prior to the pre-submission
conference.
(2)
The Code Enforcement staff and members of the Planning Board may
provide project direction and feedback on the sketch plan to the applicant,
based on the professional expertise of Code Enforcement staff and
members of the Planning Board, the City's current planning documents
and the design guidelines and other requirements of this chapter.
C.
Applicability.
(1)
No site development plan approval shall be required for single-family
detached residential uses or for additions, alterations or structures
accessory thereto. All other principal uses, conditional uses and
expansions of nonconforming or noncomplying uses shall require a site
plan approval prior to the issuance of a building permit or certificate
of occupancy/compliance. No lot or parcel of land shall be used except
in conformity with an approved site development plan, when required.
(2)
Site plans for all permitted uses or uses permitted by right, and
expansions thereof, or changes of use which do not require a variance
or conditional use permit, or expansions of nonconforming or noncomplying
uses which do not require a variance and are allowed in this chapter,
shall be reviewed and approved by the Building Official.
(3)
Site plans for all conditional uses, or uses which require a variance,
shall be reviewed and approved by the Planning Board.
(4)
Any approvals by the Building Official given pursuant to this section
shall be reported to the Planning Board at the next regularly scheduled
meeting of the Planning Board.
(5)
Site plans for new construction of all uses except for single-family
dwellings shall be reviewed and approved by the Planning Board.
D.
Application fee. All applications made to the Planning Board or Building
Official shall be in writing on forms prescribed by the Planning Board
or Building Official and shall be accompanied by a fee as determined
by the fee schedule of the City of Port Jervis.
(1)
A site plan requiring Planning Board approval shall be submitted
to the Planning Board Secretary at least 14 days prior to the Planning
Board meeting at which review is sought. Of the 15 copies required,
the Building Official shall retain one copy and send two copies to
the Director of Public Works.
(2)
A site plan requiring Building Official approval shall be submitted
to the Building Official with four copies.
E.
Sketch plan. For purposes of an initial informal submission, the
applicant should provide a sketch plan with as much information as
may be required by the Planning Board to determine basic conformance
with applicable regulations and to determine the exact nature of SEQRA
review required. The sketch plan review by the Planning Board shall
not constitute a formal review, and no approval can be granted based
on it. At this time, the applicant should outline any modifications
he/she is requesting from the requirements specified herein. In the
event that a conditional use approval is required, or that a draft
environmental impact statement will be required to be submitted, the
Planning Board shall simultaneously consider all applications and
documents.
F.
Preliminary approval. If a particular application is, in the opinion
of the Planning Board, of sufficient complexity to warrant review
in stages, the Planning Board may defer the submission of certain
required detailed engineering work at time of public hearing, rendering
a preliminary decision on the basis of a less than complete submission
and a final decision only on the basis of a complete submission (similar
to the review of a major subdivision according to the City Subdivision
Regulations).[1]
G.
Materials to be submitted. The following information must be submitted
to the Planning Board or Building Official for site plan approval,
unless items are specifically waived by the Planning Board or Building
Official as not being relevant to the particular site, building or
use which is part of the application.
(1)
Map.
(a)
General location. A location map at a minimum scale of one inch
equals 2,000 feet to indicate the relationship of the proposed development
to significant existing community facilities which will serve or influence
the layout, such as shopping areas, schools, parks, employment centers,
churches, firehouses, etc.; also the relationship of the proposed
development to the nearest public roads on all four sides, and the
relationship to adjacent parcels, as well as all streams, drainage
and watercourses. This map (which may be based on the pertinent Tax
Map) shall be set into the site plan and shall include a North point
and indication of scale.
(b)
Site plan. A map of the entire contiguous holding at a scale
preferably not less than one inch equals 200 feet indicating the location
of that portion which is to be developed in relation to the entire
tract, and the distance to the nearest existing street intersection,
showing the following:
[1]
Acreage of each distinct land use and the proposed density of
each (if residential uses are proposed).
[2]
The names of all owners of record of adjacent property.
[3]
Existing school, zoning, and special district boundaries within
100 feet of the tract.
[4]
Boundaries of the property with surveyed dimensions.
[5]
Location of all existing structures on the site as well as those
on adjacent property within 100 feet of the subject lot lines.
[6]
The proposed location, height, spacing and use of all proposed
and existing buildings, structures, and outdoor signs and storage,
if any.
[7]
The proposed location of any use not requiring a structure,
including walkways, benches, fences, and recreational facilities.
[8]
Locations of existing and proposed usable open spaces and recreational
areas, and their landscaping.
[9]
All existing and proposed means of vehicular access and egress
from the site, and all streets which are either proposed, mapped or
built.
[10]
Location and design of all driveways, off-street
open and enclosed (if any) parking and loading areas, with the number
of stalls provided therewith, and curbing provided or to be provided.
[11]
Location of all existing and proposed waterlines,
valves, and hydrants, all sewer lines, and other utilities.
[12]
Existing drainage features (e.g., culverts, marshes,
ponds and streams) of the property and within 100 feet thereof, and
the proposed storm drainage system.
[13]
Existing and proposed fencing, landscaping, buffer
strips and screening, where required.
[14]
Proposed location, direction and type of outdoor
lighting.
[15]
Existing and proposed contours with intervals
of five feet or less extending 100 feet beyond the tract, if grades
exceed 3%, or portions of the site have a moderate to high susceptibility
to erosion, or a moderate to high susceptibility to flooding and ponding.
[16]
Location of existing rocky outcrops, isolated
trees over 12 inches in caliper and all trees over 24 inches in caliper,
orchards, hedges, and other ornamental landscaping, wooded areas,
stone walls, roads or lanes, power lines, easements and other natural
features and improvements thereto on the property and within 100 feet
thereof.
[17]
Where the applicant wishes to develop the project
in stages, a site plan indicating ultimate development shall be presented.
[18]
Boundaries and identification of existing soil
types as may be found in Soil Survey of Orange County, New York.
(2)
Supporting materials.
(a)
A copy of each covenant, easement or deed restriction in effect
or intended to cover all or part of the tract.
(b)
Letter of approval from the City Department of Public Works
relative to access to a public road under its jurisdiction.
(c)
Written offers of easement to the City of Port Jervis or other
public agencies for purposes of stormwater drainage, utility right-of-way,
etc.
(d)
A copy of the deed to the property as most recently filed and/or
a copy of the executed contract of sale.
(e)
Plans and plan elevations, except structural and mechanical
plans, of all proposed or proposed to be altered buildings or structures,
or accessory structures, including all proposed freestanding signs.
(f)
In the case of uses requiring approval of the Orange County
Department of Health and/or New York State Department of Environmental
Conservation, the approval of said Department(s).
(g)
Accompanying statement setting forth the nature of all proposed
modifications of existing zoning provisions.
(h)
Letters of review from the City Police Department and the City
Fire Department.
(i)
Short (or long, as determined by the Planning Board) State Environmental
Quality Review Act (SEQRA) assessment form, properly completed.
H.
General considerations. In authorizing any use, the Planning Board or Building Official shall take into consideration the public health, safety and general welfare and the comfort and convenience of the public in general and of the prospective occupants of the proposed development and residents of the immediate neighborhood in particular and may attach reasonable conditions and safeguards as a precondition to its approval. The Board shall consider the special conditions set forth for any use requiring Planning Board authorization in Article XV and the following general objectives:
(1)
Traffic access. All proposed traffic accessways are adequate but
not excessive in number; adequate in width, grade, alignment and visibility;
not located too near street corners or other major access points or
places of public assembly; located on a roadway capable of adequately
and safely handling the additional traffic; and will provide for other
similar safety considerations.
(2)
Circulation and parking. Adequate off-street parking and loading
spaces are provided to prevent parking in public streets of the vehicles
of any persons connected with or visiting the use and the interior
circulation system is adequate to provide safe accessibility to all
required off-street parking.
(3)
Landscaping and screening. All recreation areas, parking and service
areas are reasonably screened at all seasons of the year from the
view of adjacent residential lots and streets and the general landscaping
of the site is in character with that generally prevailing in the
neighborhood. As approved by the Planning Board or the Building Official,
any such required landscaping and screening shall be bonded, as provided
for elsewhere in this chapter. Existing trees over 12 inches in caliper
should be preserved to the maximum extent possible. Roadside plantings
shall be in conformance with the requirements of the City Department
of Public Works.
(4)
Character and appearance. The character and appearance of the proposed
use, buildings, and/or outdoor signs will be in general harmony with
the character and appearance of the surrounding neighborhood and that
of the City of Port Jervis and will not adversely affect the general
welfare of the inhabitants of the City of Port Jervis, such determination
to be made by the City's Design Review Board. Signs and lights will
be compatible and in scale with building elements and will not represent
significant impact on the environment or result in a waste of the
land and other natural resources of the City. To the greatest possible
extent, development will be in harmony with the natural environment,
and adequate mitigating measures will be taken to offset potential
significant deterioration resulting from the project. Signs shall
conform to size, shape, color, materials and location as called for
by the Planning Board, the Design Review Board and/or the Building
Department.
(5)
Development. The site development plan elements, including buildings,
parking, drainage, circulation, signs and lighting, will not adversely
affect the potential of adjacent properties or the property under
review from its highest and best use.
(6)
Fire and police protection. All proposed structures, equipment or
material shall be readily accessible for fire and police protection.
(7)
Harmony. The proposed use shall be in such location, size and character
that, in general, it will be in harmony with the appropriate and orderly
development of the district in which it is proposed to be situated
and will not be detrimental to the orderly development of adjacent
properties in accordance with the zoning classification of such properties.
(8)
In or adjacent to residence district. In addition to the above, in
the case of any use located in, or directly adjacent to, a residence
district:
(a)
The location and size of such use, the nature and intensity
of operations involved in or conducted in connection therewith, its
site layout and its relation to access streets shall be such that
both pedestrian and vehicular traffic to and from the use and the
assembly of persons in connection therewith will not be hazardous
or inconvenient to, or incongruous with, said residence district or
conflict with the normal traffic of the neighborhood; and
(b)
The location and height of buildings, the location, nature and
height of walls and fences, and the nature and extent of landscaping
on the site shall be such that the use will not hinder or discourage
the appropriate development and use of adjacent land and buildings
or impair the value thereof.
(9)
Environmental consideration. The proposed use shall not have a significant
adverse environmental impact as defined by the New York State Environmental
Quality Act. In the event that any aspect of the proposed use might
have a significant environmental impact, the Planning Board shall
require either a special report of limited scope, or a draft environmental
impact statement of enlarged scope, addressing the background information,
the anticipated impact(s), and the proposed mitigation measures.
(10)
Dumpster enclosure and screening requirements. If a person or commercial establishment as defined in Chapter 457 of the Code uses or maintains a dumpster the following requirements for enclosure or screening shall apply:
(a)
The enclosure shall provide complete visual screening.
(b)
The enclosure shall be compatible in color with the principal
structure on the lot.
(c)
The enclosure shall be a three-sided masonry or concrete enclosure,
six feet in height with a solid, swing-open gate, door or fence made
from a suitable material. The gate, door or fence shall be equipped
with an appropriate mechanism for holding the doors open only during
garbage pickup operation and shall close securely.
(d)
The enclosure and/or screening shall be kept in good repair
or condition and all garbage, refuse, rubbish or waste shall be kept
only within the container and permit the lids on said container to
remain completely closed at all times.
(e)
The Planning Board may also require a roof if the site is sloped
and adjoining neighbors are at a higher elevation, making the containers
visible.
I.
Public hearing. The Planning Board shall not authorize any use requiring
approval of plans by the Planning Board without first holding a public
hearing. Notice of the hearing and the substance of the application
shall be given by publication in the official newspaper of the City
at least 10 days before the date of such hearing. In addition to such
published notice, the applicant shall cause notice to be given of
the substance of the application together with notice of the hearing
thereon by causing notices thereof to be mailed (certified mail, return
receipt requested) at least 10 days before the date of the hearing
to the owners of the property abutting that of the applicant and all
other owners of property within 300 feet, or such additional distance
as the Planning Board may deem advisable, from the exterior boundaries
of the land involved in such application, as the names of said owners
appear on the last completed assessment roll of the City. At the discretion
of the Planning Board, the Secretary of the Planning Board or the
applicant shall furnish proof of compliance with the notification
procedure, all costs required and fees assessed by the Secretary of
the Planning Board to be borne by the applicant. Any or all of the
notices required by this section shall be issued by the Secretary
of the Planning Board on order of the Planning Board or upon order
of the Chairperson of the Board if the application is received when
the Board is not in session and the Chairperson deems it necessary
or desirable to expedite the public hearing on such application. Provided
that due notice shall have been published as above provided and that
there shall have been substantial compliance with the remaining provisions
of this section, the failure to give notice in exact conformance herewith
shall not be deemed to invalidate any action taken by the Planning
Board. This same public hearing may serve the purposes of SEQRA, the
contents of the draft environmental impact statement (if required)
also being the proper subject of public comment.
J.
Notification of adjacent municipality. If the land involved in any
application lies within 500 feet of the boundary of any other municipality,
the City Clerk-Treasurer shall also transmit to the municipal Clerk
of such other municipality a copy of the official notice of public
hearing thereon not later than the day after such notice appears in
the official newspaper of the City.
K.
Referral to county. Should any proposed site plan approval, conditional
use approval, or special permit consist of or include any of the following
conditions, the Planning Board shall notify the City Clerk-Treasurer,
who shall, prior to final action by said Board, refer the proposal
to the Orange County Planning Department in accordance with §§ 239-1
and 239-m of Article 12-B of the General Municipal Law on the form
titled "County Zoning Referral."
(1)
Any site development plan involving real property lying within a
distance of 500 feet from:
(a)
The boundary of any village or town.
(b)
The boundary of any state park or other recreation area.
(c)
The right-of-way of any county or state parkway, thruway, expressway,
or other controlled access highway.
(d)
The right-of-way of any stream or drainage channel owned by
the county or for which the county has established channel lines.
(e)
The boundary of any county- or state-owned land on which a public
institution is located.
L.
Action on application. Within 62 days after the date of such hearing,
the Planning Board shall approve with or without modification or disapprove
such site plan, and the grounds of a modification, if any, or the
grounds for disapproval shall be stated upon the records of the Planning
Board. Notwithstanding the foregoing provisions, the time in which
the Planning Board must take action on such site plan may be extended
by mutual consent of the applicant and the Planning Board. When so
approving a site plan, the Planning Board shall state in writing such
revisions, if any, as it deems necessary to be made prior to submission
of the site plan in final form for signature by the Chairperson. An
approval of a site development plan by the Planning Board shall expire
unless a building permit is secured within six months of the approval
and unless actual construction is begun within nine months of the
approval. The decision of the Planning Board shall be certified by
the Chairperson of the Planning Board and filed in the office of the
City Clerk-Treasurer and a copy thereof mailed to the applicant.
M.
Improvements. The Planning Board shall require that on- or off-site
improvements be installed, including but not limited to on- or off-site
drainage systems to ensure that all drainage, storm runoff and subsurface
water are carried into approved watercourses and drainage systems
shown on the Official Map. The Planning Board shall further require
that all such off-site improvements and/or drainage systems be installed
on property granted to the City by fee, easement or otherwise, as
determined by the Planning Board.
(1)
No certificate of occupancy/compliance shall be issued for the site
until all the improvements shown on the site development plan, including
off-site requirements required by the site development plan, have
been duly installed and all easements and property interests granted
or dedicated to the City.
(2)
A partial certificate of occupancy/compliance for a period of 90
days, but not more than one year in the aggregate, for a building,
structure or part thereof may be issued before all the on-site improvements
are complete; provided, nonetheless, that such portion or portions
of the site improvements as are necessary to permit the site to be
occupied safely without endangering life or the public welfare have
been completed. The Building Official shall require a cash deposit
to insure and guarantee the completion of the on-site improvements.
The Building Official or the Planning Board's professional consultants
shall determine the sum of such cash deposit.
N.
Field changes. The site shall be developed in strict conformity with
the approved site development plan, except as provided for below.
When the approval of a minor field change is requested of the Building
Official or other appropriate City agency, such request shall be submitted
to the appropriate inspecting agency in writing. No field change shall
be valid unless a copy of the requested change is filed with the Planning
Board or Building Official, with the approval of the appropriate agency
noted thereon or appended thereto, within five days of such approval.
Such change shall be deemed acceptable if not acted upon by the Planning
Board within 45 days or Building Official within five days.
O.
Signing of plan.
(1)
Upon submission of the final site development plan with modifications
required by the Planning Board or Building Official in its final approval
and upon satisfaction of any conditions imposed by such approval,
the Chairperson of the Planning Board or Building Official shall sign
the approved site development plan and file one copy with the Building
Official, who may thereafter issue a building permit or certificate
of occupancy/compliance in reliance thereon.
(2)
After approval is granted, with or without conditions, to any site
plan the applicant or his representative shall present the plan to
the Planning Board for signature of the Planning Board Chairperson
within 60 days after the vote granting approval or conditional approval.
If the plan is not presented in final approved form within said 60
days, the site plan approval shall be deemed null and void.
P.
Renewal of permit. The Board may require that its approval be periodically
renewed. Such renewal shall be granted and may be withheld only upon
a determination by the Building Official to the effect that such conditions
as may have been prescribed by the Board in conjunction with the issuance
of the original permit have not been, or are being no longer, complied
with. In such cases, a period of 60 days shall be granted the applicant
for full compliance prior to the revocation of said permit. Any use
authorized by the Planning Board shall be deemed to be a conforming
use in the district in which such is located, provided that:
Q.
Maintenance. It shall be the duty of every property owner to maintain
his/her property in conformity with the approved site development
plan. Failure to do so may constitute a violation of this chapter,
resulting in civil or criminal penalties, forfeiture of bonds, suspension
of consideration of all applications before the Planning Board relating
to the same property, and other remedies deemed necessary by the appropriate
authorities.
R.
Expansion of existing structure subsequent to site plan review and
approval. Any principal or accessory structure incorporated within
a site plan approved by the Planning Board and granted a special use
permit under the provisions of this section subsequently may be expanded
by not more than 15% of its ground floor area in square feet, upon
the granting of a duly issued building permit. Enlargement of any
such structure by more than 15% of its ground floor area in square
feet requires approval by the Planning Board acting upon a new application
under the full provisions of the section.
A.
Policy. Relative to the Central Business and Neighborhood Mixed Use
Districts, it is the stated policy of the City of Port Jervis to:
(1)
Achieve a dynamic mix of higher-density uses that will generate a
high level of mutually beneficial interrelationships between the business
community and its clients/customers and within the business community
itself.
(2)
Provide an ample supply of decent housing for those who would most
benefit from being able to walk to places of employment and to places
providing goods and services, thus enriching the vitality of the area
through a strong resident population.
(3)
Achieve a reasonable pedestrian scale (with circulation assisted
by sidewalks, malls, bridges, elevated walkways, mini parks, etc.)
that encourages walking between two or more places of business and
that encourages lingering and relaxing out-of-doors as weather permits.
(4)
Provide an adequate supply of short- and long-term municipal and
private parking to serve customers, merchants, employees, residents,
tourists, and commuters.
(5)
Generate a sufficient tax base that will support a high level of
public services and amenities.
B.
Effectuation. In order to effectuate this policy, the Planning Board,
in performing site plan reviews and in issuing conditional use permits,
shall be guided by the following considerations:
(1)
Multistory, multi-use structures. The scale of operation of the Central
Business and Neighborhood Mixed Use Districts requires an optimum
high density of usage for each and every property located therein.
In order to support the higher costs of traffic control and parking
facilities, pedestrian circulation, street furniture and lighting,
and police and fire protection, multistoried and, wherever appropriate,
multi-use structures should be encouraged, but not required.
(2)
Accessory residential uses. In addition to owner/caretaker-occupied
residences accessory to principal uses this chapter encourages residential
apartments on the second floor and above in multistoried, multi-use
structures. To achieve this intention, the Planning Board shall:
(a)
Discourage any single-storied structures.
(b)
Permit no dwelling units on the first (or ground) floor.
(c)
Require usable open space (exterior) and common lounge/recreation
area (interior) to be provided for all structures containing three
or more dwelling units.
(d)
Require the provision of an enclosed refuse collection area.
(e)
Require the provision of a centralized coin-operated facility,
if laundry facilities (washer and dryer) are not provided within each
dwelling unit. (No external clothes drying shall be permitted.)
(f)
Require the provision of safety protection devices (perforated
plexiglass or childproof ornamental bars) for all openable windows
above the first floor.
(g)
Require a design that assures that all deliveries will be made
to the rear of the building, where possible.
(3)
Parking.
(a)
The developers of all existing structures which cover 75% or
more of the parcel on which they are located, in which a change of
use is proposed or which is proposed for enlargement, and which is
not able to provide the requisite number of on-site parking spaces
set by this chapter, shall not be required to provide off-street parking.
However, no existing parking spaces may be eliminated. The developers
of all new structures on vacant lots shall meet the requisite number
of on-site parking spaces. For existing structures occupying less
than 75% of a lot the developer shall provide as many parking spaces
as possible.
(b)
In calculating required parking spaces for an expansion, the
applicant shall only be required to provide the number of spaces needed
for the expansion area. In the case of a change of use, parking spaces
are only required if the new use has a greater parking requirement
that the previous use, and then only the additional number of spaces
shall be required.
(c)
Laundromats within the Central Business District must have at
least 10 on-site parking spaces available for customers.
(4)
Loading facilities. The standards of § 535-67 of this chapter shall prevail relative to deliveries to, and shipping from, all new or enlarged structures in the Central Business and Neighborhood Mixed-Use District. In order to avoid, to the greatest extent possible, the use of City streets and sidewalks for these purposes, the Planning Board shall assist the applicant in exploring all possible alternatives, including joint ventures among two or more property owners in the provision of alleys via which loading facilities would obtain access.