A.
Prior to the issuance of a building or zoning permit for any use noted in § 215-14, Table 1, as requiring site plan review, the Planning Board shall require the preparation and submittal of a site plan for its review and approval in accordance with the standards and procedures set forth in this chapter.
B.
In addition to the requirements of this article, for any use noted in § 215-14, Table 1, as requiring site plan review and located in the Historic Commercial (HC) Zoning District, the requirements of Article VI shall also apply. The Planning Board shall require the preparation and submittal of sufficient data meeting the requirements of Article VI as part of the application and submittal of a site plan for review in accordance with the standards and procedures set forth in this chapter.
A.
Sketch plan conference required. All applicants for site plan review shall meet with the Code Enforcement Officer and the Planning Board at a regular Planning Board meeting to conduct a sketch plan review, the purpose of which is to review the basic site design concept and determine the information to be required on the preliminary site plan. No application fee nor application for site plan review are required of the applicant for the sketch plan conference step of site plan review. The purpose of the sketch plan conference is to discuss with the applicant the project's conformity with the Comprehensive Plan, the requirements in the Zoning Law, 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. For any site located in the Historic Commercial Zoning District (HC), the sketch plan conference also serves the purpose of reviewing the requirements of Article VI applicable to the project and what data will need to be submitted as part of the site plan to meet the requirements of Article VI.
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 Planning Board.
(2)
A map of site topography at no more than five-foot contour intervals,
or at the discretion of the Planning Board, shall be provided. 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 Planning
Board and shall be accompanied by information drawn from the Preliminary
Site Plan Checklist, as determined necessary by the Code Enforcement
Officer and the Planning Board at a regular Planning Board meeting
for the sketch plan conference. All site plan information and building
designs shall be prepared by a licensed New York State architect,
engineer, surveyor, or landscape architect.
B.
Preliminary site plan checklist. It is important for the Planning
Board to have appropriate information tailored to the plan for site
development. To accomplish this, a preliminary sketch plan review
is conducted to determine those items from the comprehensive list
below which will be required for site plan approval. The preliminary
site plan may 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, subdivisions,
streets, driveways, permanent open space and natural features (subject
to other state or federal regulations which may restrict development)
within 200 feet of the proposed site or at the discretion of the Planning
Board.
(5)
Grading and drainage plan, showing existing and proposed contours.
The drainage plan shall also clearly explain the methodology used
to project storm water quantities and the resultant peak flow conditions.
(6)
Location, proposed use, and height of all buildings.
(7)
Summary of the amount of square footage devoted to each use requiring
off-street parking or loading.
(8)
Number, location, design, and construction materials of all parking and loading areas, showing access and egress. Location of reserved parking areas as required by the off-street parking regulations of Article XI.
(9)
Provision for pedestrian access.
(10)
Location, dimensions, and vehicle capacity of drive-in facilities
and related queuing lanes.
(11)
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.
(12)
Location, purpose, and holder of all proposed easements or dedications
for utilities, recreation, conservation or other purpose.
(13)
Location, size, and type of material for any proposed outdoor
storage.
(14)
Location, design, and construction materials of all existing
or proposed site improvements, including drains, culverts, retaining
walls, and fences.
(15)
Description of the type and quantity of sewage expected, the
method of sewage disposal and the location, design, and construction
materials of such facilities.
(16)
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.
(17)
Location of fire and other emergency zones, including the location
of fire hydrants.
(18)
Location, size, design, and construction materials of all proposed
signs.
(19)
Location of proposed buffer areas, including existing vegetative
cover.
(20)
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.
(21)
Location, type, height, brightness, and control of outdoor lighting
facilities.
(22)
Identification of permanent open space or other amenities provided.
(23)
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.
(25)
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.
(26)
All forms and information pursuant to New York State Environmental
Quality Review Act (SEQRA).
(27)
An agricultural data statement if the proposed use is located
on or within 500 feet of a farm operation in the Cayuga County Agricultural
District.
(28)
For all developments disturbing more than one acre, New York
State Department of Environmental Conservation (NYSDEC) requires that
municipalities receive a copy of the Storm Water Pollution Prevention
Plan (SWPPP) prior to plan approval. The owner is required to comply
with the NYSDEC's "SPEDES General Permit for Storm Water Discharge
from Construction Activity" Permit #GP-02-01 (or as may be revised).
(29)
For all developments in and adjacent to a wetland, or otherwise
disturbing a wetland, a copy of all approved wetland permits required
in accordance with the New York State Freshwater Wetlands Act and
Article 24 of the New York State Environmental Conservation Law and
the Clean Water Act of the United States, as well as all associated
paperwork, drawings, etc.
C.
Required fee. The fee schedule will be established by the Village
Board of Trustees and said fee shall be paid when the application
is made.
A.
Upon receiving a complete preliminary site plan application, the
Planning Board shall notify the Village Board of Trustees.
B.
The Planning Board shall review all preliminary site plans. The Planning
Board's review shall include, as appropriate, but is not limited
to, general consideration of the following:
(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 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)
Protection of adjacent or neighboring properties against noise, glare,
unsightliness or other similar nuisances.
(9)
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.
(10)
Adequacy and unobtrusiveness of public utility distribution
facilities, including those for gas, electricity, cable television,
and phone service.
(11)
Making provision for, so far as conditions may permit, the accommodation
of solar energy systems and equipment and access to sunlight necessary
thereof.
(12)
In accordance with the Village of Weedsport Comprehensive Plan
and other planning studies.
(13)
Conformance with density, lot size, height, yard and lot coverage
and all other requirements of the zoning regulations contained in
this chapter.
C.
Applicant to attend Planning Board meeting. The applicant and/or
their duly authorized representative shall attend the meeting of the
Planning Board where the preliminary site plan is reviewed.
D.
Consultant review. The Planning Board may consult with the Village
Board of Trustees, Code Enforcement Officer, Fire Commissioners 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 Cayuga
County Soil and Water Conservation District, the New York State Department
of Transportation, and the New York State Department of Environmental
Conservation.
E.
Public hearing. The Planning Board may conduct a public hearing on
the preliminary site plan. If a public hearing is considered desirable
by a majority of the members of the Planning Board, such public hearing
shall be conducted within 62 calendar days of the receipt of the application
for preliminary site plan approval. The Planning Board shall publish
a notice in the Village's official newspaper and publish in any
other location/media that the Village deems appropriate and necessary
at least 10 business days' prior to the date fixed for the public
hearing.
A.
Within 62 calendar days after the public hearing or within 62 calendar
days after the complete application was filed if no public hearing
was held, the Planning Board shall act on the application for preliminary
site plan approval. This time may be extended by mutual consent of
the applicant and the Planning Board. 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.
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.
Upon receiving a complete final site plan application, the Planning
Board shall notify the Village Board of Trustees.
B.
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 has 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.
C.
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)
A conservation easement or other recordable instrument executed by
the owner for any permanent open spaces created.
D.
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 plan, the Planning
Board shall refer the plan to the County Planning Board for advisory
review and a report in accordance with § 239-l, m and n
of the New York State General Municipal Law.
A.
Within 62 calendar days of receipt of the application for final site
plan approval, the Planning Board shall make its final decision to
either approve or disapprove of the final site plan. This time may
be extended by mutual consent of the applicant and the Planning Board.
The Planning Board shall submit a written copy of its decision to
the Village Clerk, the Code Enforcement Officer, and the applicant
within five business days of the Planning Board's decision.
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 Village Clerk and Code Enforcement Officer and a copy shall be
provided to the applicant.
C.
Upon disapproval of a final site plan, the Planning Board shall so inform the Code Enforcement Officer, and the Code Enforcement 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. These notifications shall comply with the time frames in Subsection A above.
D.
The Planning Board shall notify the Village Board of Trustees of
the final decision of the final site plan.
Costs incurred by the Planning Board for consultation fees or
other extraordinary expenses 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.
Such fees may include staff costs or consultant fees covering planning,
engineering, environmental analysis, wetland delineation, legal review,
and other technical services required for a proper and thorough professional
review of the application. No permit shall be issued until all costs
have been paid. The Village shall account for the expenditure of all
such funds and shall promptly refund any unexpended funds within 20
business days of final action by the Planning Board.
No certificate of occupancy or compliance shall be issued until
all improvements shown on the site plan are installed or an irrevocable
letter of credit, or other form of surety deemed acceptable by the
Village Board of Trustees, has been posted for improvements not yet
completed. The form of surety shall be approved as to form by the
Village Attorney and as to amount by the Village Engineer. The member
of the Planning Board designated to sign approved site plans shall
not sign an approved plan until a surety, if required, has been received
by the Code Enforcement Officer and approved by the Village Board
of Trustees.
The Code Enforcement 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 Code Enforcement Officer may retain the services of a qualified private consultant to assist with inspection of site improvement. The fees for consultant inspection services shall be paid by the applicant in accordance with § 215-42.
Whenever a proposed development requires compliance with the special use permit procedure pursuant to Article VII of this chapter, the Planning Board shall attempt to integrate, as appropriate, site plan review as required by this article with the procedural and submission requirements of Article VII of this chapter.
