A.
Prior to making a formal application for a site plan review, the
applicant may request a presubmission sketch plan conference with
the Planning Commission at a regular monthly meeting to discuss the
concepts and regulations involved with a proposed plan. At that meeting,
the applicant shall present a sketch plan showing the major features
of the proposed development such as:
B.
The Planning Commission shall advise the applicant as to what information
will be required relevant to submitting a formal application for a
site plan review and whether any submission requirements can be waived.
Although the sketch plan conference is optional, the waiver of any
required submissions will be considered only if the applicant takes
advantage of this option. The applicant shall have 180 days after
the sketch plan conference to formally submit the site plan with recommendations
as discussed at the Planning Commission meeting. After 180 days, any
waivers approved at the sketch plan conference will become null and
void.
C.
Submission of application for site plan review.
(1)
It shall be the responsibility of the applicant to contact the Zoning
Enforcement Officer to schedule a meeting to make application for
a site plan review. At that time, the applicant shall be required
to supply all information necessary to complete the application, pay
the appropriate application fee and submit required drawings for the
site plan review process.
(2)
In accordance with General Municipal Law §§ 239-l
and 239-m, any site plan which is located within 500 feet of any of
the following must be referred for review by the Oswego County Planning
Board:
(a)
The boundary of any city, village or town;
(b)
County or state park or recreation area;
(c)
Right-of-way of any existing or proposed county or state parkway,
thruway, expressway, road or highway;
(d)
The existing or proposed right-of-way of any stream or drainage
channel owned by the county or for which the county has established
channel lines;
(e)
The existing or proposed boundary of any county or state-owned
land on which a public building or institution is situated;
(f)
The boundary of a farm operation within an agricultural district
as defined by Article 25-AA of the Agriculture and Markets Law.
A.
The application for a site plan review shall consist of the following
information:
(1)
Date of application.
(2)
Application number.
(3)
Name, address and telephone number of applicant.
(4)
Name, address and telephone number of owner, if different than the
applicant.
(5)
Name, address and telephone number of professional or firm preparing
the plan drawing.
(6)
Property Tax Map ID number.
(7)
Current zoning classification of property.
(8)
Ward number.
(9)
Zoning Officer's name and signature.
(10)
Record of receipt of fees for application.
(11)
Is property in a floodplain or designated wetland.
(12)
Notation that environmental impact statement (SEQRA) has been
prepared.
(13)
Site plan drawings.
B.
The applicant shall be required to submit site plan drawings prepared
and stamped by a New York State registered architect, landscape architect
or professional civil engineer. The site plan drawings shall be to
a scale of one inch to 20 feet for parcels of one acre or less and,
for larger parcels, of sufficient size to provide adequate details
necessary to conduct a site plan review.
C.
Once the Zoning Enforcement Officer has reviewed the application
for its completeness and forwarded necessary submittals to other agencies
as required by law, he or she shall schedule a site plan review for
the next regular scheduled monthly meeting. The deadline for submittal
of the application to the Zoning Enforcement Officer shall be 10 days
prior to the next scheduled meeting so that the Zoning Enforcement
Officer can submit copies to the Planning Commission at least five
days' prior to the Planning Commission meeting.
Site plan drawings shall contain the following information:
A.
Property boundary lines, setbacks, rights-of-way, easements and adjacent
road plotted to scale showing all dimensions.
B.
Location and dimensions, including length, width and height, of all
existing and proposed buildings or structures and distance from adjacent
property line.
C.
Location and dimensions of all ingress and egress to property with
directional arrows showing internal traffic flow on the premises.
D.
Location, dimensions and number of parking spaces, including provisions
for handicapped parking and loading area(s), where required.
E.
Location and dimension of all proposed signage to be placed on buildings,
structures and premises.
F.
Location and dimensions of all potable water and sewer lines showing
proposed connections in the street.
G.
Grading and storm drainage plan showing proposed topography at appropriate
contour intervals.
H.
General landscaping plan and planting schedule, including the treatment
of buffer areas and the location, size and type of trees to be planted
or fencing to be erected.
I.
Location, size and design of all outdoor lighting facilities and
public address systems.
J.
Location and size of any dumpsters on premises and proposed screening
of the same.
K.
After approval of a site plan by the Planning Commission, the applicant
has 12 months from the approved site plan date to apply for and obtain
a building permit from the Code Enforcement Department. If a permit
is not obtained within 12 months from the date of the approved site
plan, the site plan approval is null and void, and the applicant must
work with the Code Enforcement Department to submit a new site plan
for approval.
A.
The Planning Commission is hereby vested with the authority to review
and approve, approve with modifications or disapprove site plans.
The Planning Commission may require such changes in plans as are found
to be necessary to meet the requirements of this chapter. The Commission
may make such additional requirements as are deemed reasonably necessary
to protect the established or permitted uses in the vicinity and to
promote and protect the orderly growth and sound development of the
municipality. The Planning Commission shall review and discuss the
site plan with the Zoning/Code Enforcement Officer at said meeting.
No more than 15 calendar days after the meeting, the Chairman of the
Planning Commission shall issue a written letter to the applicant.
Said letter shall constitute one of the following:
B.
Although a public hearing shall not be a condition precedent to the
approval of a site plan review, the Planning Commission by a majority
vote of members present at a regular meeting shall have the right
to conduct a public hearing when they see fit. Such public hearing
shall be conducted at the next regularly scheduled meeting of the
Planning Commission. The Chairman or his designee shall conduct the
public hearing. A notice of the public hearing shall be published
in the official City newspaper at least seven calendar days' prior
to the public hearing, and written notices shall be mailed by the
Zoning Inspector to the assessed owner(s) of all real property within
200 feet of the outside boundaries of the parcel(s) affected by the
site plan. A court stenographer or verbatim minutes shall not be required
at the public hearing, but the Secretary of the Planning Commission
shall generally transcribe the contents of the hearing. The decision
of the Planning Commission as a result of the public hearing may be
made at the close of the public hearing, or such decision may, by
a majority vote of members present, be extended to the next regularly
scheduled meeting of the Commission. During that period, the public
hearing shall be considered open for the receipt of additional information
in written form up to 10 days' prior to the next monthly meeting of
the Commission. A final decision relevant to the site plan review
shall be made by a majority vote of the Planning Commission members
within 62 days of the close of the public hearing. Approved site plans
shall be stamped "Approved by Resolution of the City of Fulton Planning
Commission on __________" and signed by the Chairman. Any conditions,
limitations, restrictions or contingencies with respect to the approval
shall be set forth in their entirety in the official meeting minutes.
The special conditions shall be so noted on any general building permit
issued by the Bureau of Code Enforcement. No certificate of occupancy
shall be issued until all special conditions of the plan review have
been met.
C.
Compliance with State Environmental Quality Review Act (SEQRA). The
Planning Commission and all applicant(s) shall comply with the provisions
of the State Environmental Quality Review Act under Article 8 of the
Environmental Conservation Law and its implementing regulations. All
applications shall contain an environmental impact statement as determined
necessary by the Planning Commission.
D.
County Planning Board. Nothing in this section shall be deemed to
waive the requirements of referral to the County Planning Board pursuant
to § 239-m of the General Municipal Law.
E.
Court review. Any person aggrieved by a decision of the Planning
Commission may apply to the Supreme Court of the State of New York
for review by a proceeding under Article 78 of the Civil Practice
Law and Rules. Such proceedings shall be within 30 days after the
filing of a decision by such Planning Commission in the office of
the Clerk/Chamberlain. The court may take evidence or appoint a referee
to such evidence, as it may direct, and report the same with findings
of fact and conclusions of law. If it shall appear that testimony
is necessary for the proper disposition of the matter, the court shall
itself dispose of the matter on the merits, determining all questions
which may be presented for determination.
