City of Oswego, NY Article VI Site Plan Approval

§ 280-35 Approval by Planning Board required.

The Planning Board, at a regular public meeting of the Board, shall review and approve or approve with modifications all permitted uses listed as requiring site plan approval before a building permit is issued.

§ 280-36 Site plan application requirements.

A. An application for site plan review shall be made in writing and shall be accompanied by three prints of a site plan drawn to scale and be prepared by an architect, landscape architect, engineer, land surveyor or planner and include the following information:

(1) The title of the drawing, including the name and address of the applicant and of the professional(s) responsible for the preparation of such drawing, and a North arrow, scale and date.

(2) A survey and photographs of the property, showing existing features, including contours, large trees, buildings, structures, streets, utility easements, rights-of-way, land use, zoning and ownership and addresses of the surrounding property.

(3) A site plan showing proposed lots, blocks, building locations and land use areas.

(4) Traffic circulation, parking and loading spaces and pedestrian walks.

(5) Landscaping plans, including site grading, landscape design and open and recreation areas.

(6) Preliminary architectural drawings for buildings to be constructed, including floor plans, exterior elevations and sections.

(7) Preliminary engineering plans, including street improvements, storm drainage systems, public utility extensions, water supplies and sanitary sewer facilities.

(8) Engineering feasibility studies of any anticipated problems which might arise due to the proposed development, as required by the Planning Board.

(9) Construction sequence and time schedule for completion of each phase for buildings, parking spaces and landscaped areas.

(10) A description of the proposed uses, including hours of operation, number of employees, expected volume of business, and type and volume of traffic expected to be generated.

(11) Proof of approval for any necessary permits from federal, state, county or local agencies; provided, however, that the Planning Board may, in its sole discretion, grant conditional approval and establish a time frame for final approval upon the issuance of any required permits. In this regard, the applicant shall demonstrate that all necessary permits have been applied for.

(12) If requested in accordance with § 280-37H, a check made payable to the City for payment of expenses to be incurred by the City in connection with the review of the project by professionals such as engineers, planners and/or attorneys.

B. With respect to property within the Oswego Waterfront Revitalization Area boundary, the owner shall demonstrate how the proposed development will enhance the waterfront area or otherwise fulfill the City's waterfront revitalization program and, in addition, provide, where possible, for visual and physical access to the shore and water in conformance with the City's waterfront revitalization program.

§ 280-37 Site plan approval procedure.

A. The Planning Board shall review the site plan and supporting data before approval or approval with stated conditions is given, taking into consideration, as appropriate, at a minimum the following:

(1) Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers, structures and traffic controls, with particular attention to vehicular and pedestrian safety.

(2) Location, arrangement, appearance and sufficiency of off-street parking and loading.

(3) Location, arrangement, size, design and general site compatibility of principal and accessory buildings, lighting and signage.

(4) Adequacy of drainage and stormwater facilities.

(5) Adequacy of water supply and sewage disposal facilities.

(6) Adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or noise deterring buffer between applicant's adjoining lands, including maximum retention of existing vegetation with particular regard to achieving maximum compatibility and protection to adjacent residential districts.

(7) Protection of adjacent or neighboring properties against noise, glare, unsightliness or other objectionable features.

(8) Adequacy of fire lanes and other emergency zones and water supply for firefighting purposes.

(9) Compatibility of building design with existing characteristics of the neighborhood.

(10) Harmonious relationship between proposed uses and existing adjacent uses.

(11) Compliance with all applicable design standards.

(12) Compliance with requirements for wetlands and flood zone regulations. In this regard, the site plan shall show all wetlands and flood zone areas on the map.

B. With respect to property within the Oswego Waterfront Revitalization Area boundary, the Planning Board shall consider how the proposed development will enhance the waterfront area or otherwise fulfill the policies and purposes of the Oswego Local Waterfront Revitalization Program and, in addition, provide, where possible, for visual and physical access to the shore and water in conformance with the city's waterfront revitalization program.

C. The Planning Board may require changes or additions in relation to yards, driveways, entrances and exits, landscaping and location and height of buildings and enclosures to ensure safety, to minimize traffic difficulties and to safeguard adjacent properties. Should changes or additional facilities be required by the Board, final approval of the site plan shall be conditional upon the satisfactory compliance by the owner with changes or additions. Any owner wishing to make changes in an approved site plan shall submit a revised site plan to the Planning Board for review and approval.

D. The Planning Board shall conduct a public hearing on the application for site plan approval. The public hearing shall be conducted within 60 days of the receipt of a complete application and shall be advertised, at the expense of the applicant, in a paper of general circulation in the City at least five days prior to said hearing. Notice of said hearing shall also be given to the owners of all adjoining properties.

E. Prior to making any determination, the Planning Board will cause a review of the proposal pursuant to the requirements of the State Environmental Quality Review Act (SEQRA).

F. Within 60 days of the close of the public hearing, the Planning Board shall render a decision on the site plan application.

G. The Planning Board shall act by resolution to approve, approve with modifications or disapprove the site plan application. A resolution either approving or approving with modifications shall include the authorization for the Planning Board Chairman to stamp and sign the site plan upon the applicant's compliance with the submitted site plan. Any modifications required by the Planning Board shall be deemed a condition of approval. If the site plan has been disapproved, the Planning Board's resolution shall state the reasons for such decision.

H. Reasonable costs incurred by the Planning Board for private consultation fees of a planner, engineer or attorney or other expense in connection with the review of a proposed site plan shall be charged to the applicant. In this regard, the Planning Board may require such costs to be paid in advance and may deny an application upon failure of the applicant to make payment within 60 days of the date of the original application submission.

§ 280-38 Performance bond.

The Planning Board may require as a condition of site plan approval that the owner file a performance bond in such amount as it determines to be in the public interest, to ensure that the proposed development will be built in compliance with the accepted plans.