It is the intent of this article to promote
the health, safety and general welfare of the residents of the City
of Jamestown by assuring that the development or redevelopment of
real property is appropriate and compatible with the development of
adjacent or neighboring real property. It is further intended to ensure
the conservation and enhancement of natural and man-made resources
within the City through a process of review and approval of site plans.
It is not intended to prohibit development that is otherwise permitted
under this chapter. Rather, it is intended to improve the design,
function, aesthetics and safety of development projects which are
otherwise in conformance with the provisions of this chapter.
All proposed development or redevelopment of
real property, other than single-family residential projects, shall
hereafter be in conformance with a site plan approved by either staff
or the Planning Commission, provided that:
A.
If the proposal exceeds any of the following criteria
or falls under any of the following classifications, the site plan
shall be brought before the Planning Commission for review and approval:
(1)
Twelve parking spaces;
(2)
Five thousand square feet of gross floor area;
(3)
All proposed manufacturing or light manufacturing
developments or redevelopments;
(4)
Any expansion of an existing facility which
exceeds 25% of the gross floor area of such facility;
(5)
Any new construction of a multiple-residential
use consisting of three or more units; or
(6)
Bed-and-breakfast establishments.
[Added 12-16-2002]
B.
No physical alterations shall be made to a site, nor
shall building permits be issued, until all requirements of this chapter
are met.
Prior to submission of a formal application
for approval, the applicant or his agent shall appear before staff
(i.e., the Director of Public Works, the Building Inspector and the
Planning Coordinator) for preliminary review of a sketch plan of the
proposed development. At the time of the meeting, staff shall assist
the applicant in determining zoning compliance and offer recommendations
in order to best prepare the plan for final review (e.g., layout,
design, landscaping, etc.). The sketch plan shall include, at a minimum,
the following:
A.
A drawing of the applicant's entire holding, with
boundaries plotted to scale at a minimum scale of one inch per 30
feet;
B.
An outline of the proposed development showing the
proposed layout of streets, buildings and other features which may
be of assistance to staff in understanding the proposal;
C.
The parcel area in square feet and the existing and
proposed building footprint(s) area in square feet;
D.
Delineation of parking areas, loading areas, driveways,
streets, buffer strips and green areas;
E.
Description of proposed use(s) and calculation of
the floor area and/or seating capacity for each use; and
F.
An outline of all existing structures, paved areas
and other features.
[Amended 2-10-2006 by L.L. No. 2-2006; 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
Prior to submission of the formal application
and final site plan, the applicant should submit any revisions to
the site plan for staff review. Staff shall review the plan and make
any final recommendations to the applicant prior to submitting the
final site plan for review. Upon completion of the procedures set
forth in this section, a completed application for site plan approval
shall be filed with the City Clerk/Treasurer, together with not fewer
than 12 copies of the proposed site plan. Said application for site
plan approval shall be completed on a form provided by the office
of the City Clerk/Treasurer. Said application shall be filed with
the City Clerk/Treasurer not less than two weeks prior to the next
scheduled meeting of the Planning Commission. Upon receipt of a filed
application for site plan approval, the City Clerk/Treasurer shall
forward the same to the Planning Coordinator for his review. The Planning
Coordinator shall, as part of the review process, obtain comments
from the Department of Public Works, Board of Public Utilities, Fire
and Police Departments and the Department of Parks, Recreation and
Conservation (and other City departments as necessary) and shall thereafter
render a report to the Planning Commission. Said report shall be submitted
prior to the next regularly scheduled meeting of the Planning Commission.
The final site plan shall include the following
site details unless as otherwise approved by the Director of Public
Works:
A.
Site data and information:
(1)
The name, address and phone number of the owner/applicant.
If the applicant is not the owner, authorization for said plan shall
be provided by the owner;
(2)
The name, address and phone number of the architect
and/or engineer responsible for the preparation of the plan. Said
plan shall be stamped by a New York State licensed landscape architect,
architect or engineer;
(3)
The name, address and phone number of the New
York State licensed land surveyor responsible for the preparation
of the plat. Said survey shall include, at a minimum, two benchmarks
and clearly delineate between existing and proposed survey information
(e.g., dashed, line thickness). Said plan shall indicate the applicant's
entire holding, including the boundaries of real property plotted
to scale;
(4)
A description of the project, including the
proposed use(s) of the real property;
(5)
Drawing dimensions shall not exceed 30 inches
by 42 inches;
(6)
North arrow, date and scale (minimum scale:
one inch equals 30 feet);
(7)
All lettering and numbering shall be, at a minimum,
1/10 inch;
(8)
The lot size and zoning classification;
(9)
A ruled box having dimensions of five inches
by seven inches for the date of approval of the Planning Commission
and plan notes. Said ruled box shall appear on the first sheet or
page of the plans;
(10)
A detailed schedule for project construction
and completion; and
(11)
A completed Part I of an environmental assessment
form (EAF) for all projects as required by 6 NYCRR 617, New York State
Environmental Quality Review Act.
B.
Natural features.
(1)
The location and dimensions of all existing
landscaping features, including trees, shrubs, greenspace and similar
amenities;
(2)
Existing watercourses, wetlands or other natural
features of the site;
(3)
Soil characteristics, such as load bearing and
drainage capacity;
(4)
Geological features, such as depth to bedrock
and the location of rock outcrops;
(5)
Topographic features, showing existing contours
in two-foot intervals, except where steep slopes make this graphically
impractical; and
(6)
Hydrologic features, including existing drainage
and runoff patterns; flood hazard areas; wetlands; and depth to groundwater.
C.
Existing development and infrastructure (where applicable).
(1)
The location and dimensions of all existing
buildings, including footprints, setback distances and square footage
calculations;
(2)
The location and design of all existing parking
and loading areas;
(3)
The location and dimensions of all abutting
parcels to include building footprints and all departing property
lines. Said parcels shall be identified by the property owner and
parcel identification number;
(4)
The location and design of all other existing
site details, including walkways and sidewalks; refuse storage and
disposal areas; drains and culverts; retaining walls and fences; signs;
outdoor storage areas; outdoor lighting facilities; all utilities
within or bordering the site (i.e., gas, water, electrical, sanitary
sewers, storm sewers, telephone, district heat, cable television,
meters, light standards, fire hydrants, utility poles and other relevant
structures or markers); and
(5)
An elevation drawing indicating the existing
design of the building's facade.
D.
Proposed development.
(1)
The location and dimensions of all proposed
buildings, including footprints, setback distances and square footage
calculations;
(2)
An elevation drawing indicating the proposed
design of the building's facade;
(3)
The location and design of all proposed parking and loading areas, including calculations of the required number of parking spaces pursuant to Article V of this chapter; delineation of both regular and handicapped spaces; and proposed parking and loading area surface materials;
(4)
The proposed ingress and egress routes, including
the location of curb cuts and traffic patterns on the site;
(5)
The location and design of all other proposed
site details, including walkways and sidewalks; refuse storage and
disposal areas; drains and culverts; retaining walls and fences; signs;
outdoor storage areas; outdoor lighting facilities (indicating the
type of light and direction of illumination); all utilities within
or bordering the site (i.e., gas, water, electrical, sanitary sewers,
storm sewers, telephone, district heat, cable television, meters,
light standards, fire hydrants, utility poles, and other relevant
structures or markers);
(6)
A landscaping plan (pursuant to the requirements of § 300-0906), including a planting schedule and calculations of proposed green space (e.g., the locations and types of shade trees, shrubs and ground covers and a delineation of buffer strips);
(7)
A grading and drainage plan, including proposed
contours in two-foot intervals, except where steep slopes make this
graphically impractical;
(9)
All inlets, swales, pipes and invert grades
(to include sizes and capacities); and
(10)
The proposed methods of minimizing erosion and
sediment transport from the site during construction.
E.
At the discretion of the Director of Public Works,
additional site details may be required of the applicant.
All proposed developments shall meet the following
landscaping requirements:
A.
In every instance, efforts shall be made towards the
maximum retention of existing vegetation.
B.
A landscaped buffer area shall be required between
the applicant's property and adjoining lands.
C.
In all districts, public and private parking lots
or automotive use areas containing more than 10 parking spaces shall
have at least one shade tree for each 10 parking spaces. Said tree(s)
shall have a trunk diameter of at least two inches in width.
D.
All trees, shrubs and plantings shall be maintained
by the owner or lessee of the property and shall not be removed when
a lot is reconstructed or enlarged unless said trees, shrubs and plantings
are moved to another location on the lot upon approval of a site plan
by the Planning Commission.
E.
Trees, shrubs and plantings shall be so located as
to provide visual relief and to assure safe patterns of internal vehicular
and pedestrian circulation.
Review of a proposed site plan shall include
the following:
A.
Compliance with all federal, state, regional and local
laws, ordinances and regulations.
B.
Compliance with the regulations set forth in this
chapter.
C.
Compliance with the direction and intent of all formally
adopted plans or goals, including but not limited to the Jamestown
Comprehensive Plan; Jamestown Riverfront Reclamation and Development
Study; Brooklyn Square Urban Renewal Plan; and any future plans or
goals which are formally adopted after the date of this chapter.
D.
Compatibility of design and arrangement of buildings,
lighting, signs and automotive use areas as such relate to the site
and character of the neighborhood, adjacent buildings, public parks
and historic landmarks.
E.
Adequacy of vehicular access and circulation, including
intersections, road widths, pavement surfaces, loading areas, off-street
parking areas, dividers and traffic controls.
F.
Adequacy of pedestrian access and circulation, including
walkways, control of intersections and overall pedestrian convenience
and handicapped accessibility.
G.
Adequacy of drainage and stormwater management facilities.
In this regard, no stormwater shall be caused to be discharged upon
neighboring properties, across public sidewalks or into public streets.
Surface water drainage facilities shall be designed to handle all
on-site runoff (ten-year-storm frequency as the minimum design criteria),
and the discharge into public storm sewers shall be at a rate which
can be adequately handled by existing storm sewers and drainage ways.
Measures shall be taken to prevent ponding, flooding or erosion. Where
storm sewers do not exist, the Planning Commission may approve alternative
means of discharging stormwater upon receipt of a recommendation from
the Department of Public Works, where such alternative adequately
protects the public health, safety and welfare.
H.
Adequacy of landscaped areas, including the type,
size and arrangement of trees, shrubs, plantings, vegetative cover,
berms, fencing and other amenities.
I.
In the case of an apartment complex or other multifamily
dwelling, the adequacy of usable open space for play areas and recreation.
J.
The protection of adjacent or neighboring properties
against noise, glare, unsightliness or other objectionable features.
K.
The adequacy of emergency access, including but not
limited to fire lanes and the provision of fire hydrants.
L.
The adequacy of the site layout for efficient snow
plowing and storage. The required number of parking spaces shall be
maintained year round and shall not be utilized for snow storage.
M.
The avoidance or mitigation of any negative environmental
impact identified during the environmental review conducted as part
of the site plan review.
Review of any proposed site plan which is situated
within 100 feet of the Chadakoin River shall be subject to the following:
A.
Planning Commission review of any proposed site plan
for a Light Manufacturing (L-M) use shall be subject to the following
determinations:
(1)
Such use shall be wholly contained within an
enclosed building;
(2)
Such use shall not have an adverse impact on
the surrounding area or environment;
(3)
Such use shall not produce odors, chemicals,
dust, smoke, gases, noises or vibrations beyond the limits of the
walls of an enclosed building; and
(4)
Such use shall not be a menace to public health
or safety.
B.
Planning Commission review of any proposed site plan
for a Manufacturing (M) use shall be subject to the following determinations:
All costs incurred by the Planning Commission
for consultation fees and/or other extraordinary expenses in connection
with the review of a proposed site plan shall be charged to the applicant,
provided that such expenses shall not exceed 1% of the estimated market
value of the proposed development as determined by the City Assessor.
Prior to incurring such costs, the Planning Commission shall notify
the applicant. Such costs may be in lieu of or in addition to costs
reimbursable for environmental review pursuant to 6 NYCRR 617.
[Amended 2-10-2006 by L.L. No. 2-2006; 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
A.
Staff review. In each instance when a site plan shall be reviewed at the staff level (pursuant to § 300-0901), staff shall render a decision to approve, approve with conditions or deny a proposed site plan within 20 days of the filing of the application and submission of the final site plan. The decision of staff shall immediately be filed in the office of the City Clerk/Treasurer and with the Building Inspector, and a copy of the decision shall be mailed to the applicant. In the event that the applicant wishes to appeal the decision of staff, said applicant shall be heard by the Planning Commission within 45 days from the date of filing the decision in the office of the City Clerk/Treasurer.
B.
Planning Commission review. The Planning Commission
shall render a decision to approve, approve with conditions or deny
a proposed site plan within 45 days of the filing of the application
and submission of the final site plan. In the event that a public
hearing is requested by the Planning Commission or the applicant,
the Planning Commission shall hold a public hearing and shall render
a decision to approve, approve with conditions or deny a proposed
site plan within 62 days of the filing of the application and submission
of the final site plan. The Planning Commission shall give public
notice of such public hearing by publication of a hearing notice in
the official newspaper at least five days prior to the hearing date.
Anything herein contained to the contrary notwithstanding, an extension
of review periods may be granted upon consent of both the applicant
and the Planning Commission. The decision of the Planning Commission
shall immediately be filed in the office of the City Clerk/Treasurer
and with the Building Inspector, and a copy of the decision shall
be mailed to the applicant. In the event that the applicant wishes
to appeal the decision of the Planning Commission, said applicant
shall have 30 days from the date of filing the decision in the office
of the City Clerk/Treasurer in which to commence special proceedings
pursuant to the provisions of Article 78 of the Civil Practice Law
and Rules.
[Amended 2-10-2006 by L.L. No. 2-2006; 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
An approved site plan shall be carried into
effect and completed by the applicant or his successors or assigns
within one year of the date that the decision is filed in the office
of the City Clerk/Treasurer. Should the applicant require an extension
in order to carry the site plan into effect, an extension may be granted
by the Director of Public Works for a period of time that is deemed
necessary to complete the project. The applicant shall submit a written
request to the Director of Public Works which specifies the reasons
for said extension. The Director of Public Works shall then notify
the Building Inspector, the City Clerk/Treasurer and the applicant,
in writing, of any such extension of time and the date upon which
it shall expire.
A.
Inspection of improvements. The Building Inspector
shall be responsible for the overall inspection of site improvements,
including consultation with the Planning Commission and other officials
and agencies, as appropriate. In the event of the expiration of a
site plan approval, including extensions if granted, the applicant
shall repair any site preparation earthwork, including rough grading
and foundation excavation, to return the site to a safe and aesthetically
acceptable condition, as directed by the Building Inspector.
B.
Issuance of a certificate of occupancy. The Building
Inspector shall issue a certificate of occupancy, provided that all
improvements shown on the site plan are complete and all requirements
of this chapter are met. The Building Inspector may issue a temporary
certificate of occupancy where the applicant guarantees the completion
of incomplete improvements within a period of time designated by the
Building Inspector by the posting of a performance bond for not less
than 110% of the value of the aforesaid incomplete improvements. No
temporary certificate of occupancy shall be renewed, nor shall a permanent
certificate of occupancy be issued, where the conditions of site plan
approval have been violated or any element of the project violates
the requirements of this chapter.
C.
Denial of certificate of occupancy. Should the applicant
fail to fulfill all the provisions of the approved site plan, the
Building Inspector shall withhold the certificate of occupancy for
said project until all improvements shown on the site plan are complete
and all requirements of this chapter are met.
The Planning Commission is hereby authorized
to modify any requirements of this article upon an affirmative vote
by 2/3 of the entire Planning Commission in cases where the Planning
Commission determines that the existing building configuration or
lot configuration creates a hardship to the applicant in meeting such
requirements and where the Commission determines that the alternative
measures proposed adequately conform to the purpose and intent of
this chapter. The Planning Commission shall not be obligated to reduce
any requirements of this article where the site size or configuration
of the proposed use is insufficient as determined by the requirements
of this chapter. The Planning Commission shall have no power or authority
to waive the procedures contained herein.
Any proposed modifications to site improvements,
buildings or signage for a site which has undergone site plan review
shall be reviewed by the Building Inspector in consultation with the
Director of Public Works and Planning Coordinator. If the Building
Inspector determines that the proposed modifications do not significantly
derogate from the approved site plan, the Building Inspector may issue
a permit for such proposed work and document the site plan file that
said modification has been approved. If the Building Inspector finds
that such proposed work may derogate significantly from the approved
plan, the Building Inspector shall require the applicant to submit
the modified site plan for approval before a permit shall be issued
for such work. The application and review procedures shall be the
same as for a new site plan.
The Planning Commission is hereby authorized
to adopt supplemental rules, regulations and fee schedules appropriate
for the administration of this article, subject to the approval of
the Jamestown City Council.
