The intent of site plan approval is to determine compliance with the objectives of this article and with regard to those uses as specified in §
240-43, Compliance with use regulations; Use Regulation Table, that may be permitted in the City of Corning. The objective is to evaluate various land uses that may cause a conflict between existing and proposed uses or be in conflict with natural site conditions and thereby minimize the adverse effects concerning health, safety and overall welfare of the residents of the community. The Planning Commission, at its discretion, may waive the concept and final application procedures and so state the reasons for this action.
The preliminary site plan application shall include the information
listed below. The Planning Commission may at its discretion waive
any preliminary requirements which are clearly not relevant to the
proposed use and site.
A. An area map showing that portion of the applicant's property under
consideration for development, any adjacent parcels owned by the applicant,
and all properties, their ownership, uses thereon, subdivisions, streets,
zoning districts, easements and adjacent buildings within 500 feet
of the applicant's property.
B. A preliminary site plan shall include the following information:
(1) Title of drawing, including name and address of applicant.
(2) North point, scale and date.
(3) Boundaries of the project plotted to scale of not more than 100 feet
to one inch on a survey map prepared by a New York State licensed
surveyor.
(4) Existing natural features, such as watercourses, water bodies, wetlands,
wooded areas and individual large trees [30 inches diameter at breast
height (DBH)]. Features to be retained should be noted.
(5) Existing and proposed contours at intervals of not more than five
feet of elevation.
(6) Location of proposed land uses and their areas in acres and location,
proposed use and height of all buildings.
(7) Location of all existing or proposed site improvements, including
streets, drains, culverts, retaining walls, fences and easements,
whether public or private.
(8) Description of sewage and water systems and location of such facilities.
(9) Location and proposed development of buffer areas and other landscaping.
(10)
Delineation of the various residential areas, if applicable,
indicating for each such area its general extent, description and
composition of dwelling unit type and a calculation of the residential
density in dwelling units per square footage for each such area.
(11)
Location of all parking and truck-loading areas with access
and egress drives thereto.
(12)
Location, design and size of all signs and lighting facilities.
(13)
The approximate locations and dimensions of areas proposed for
neighborhood parks or playgrounds, or other permanent open space.
(14)
Building orientation and site design for energy efficiency.
(15)
Location and design of all energy distribution facilities, including
electrical, gas and solar energy.
(16)
Grading and erosion plan. Description and location of control
measures, including proposed location of sediment sink/settling pond
and interceptor swales, etc.
(17)
Location and design for stormwater management facilities.
(18)
Drainage report, including supporting design data and copies
of computations used as a basis for the design capacities and performance
of drainage facilities.
(19)
The lines and dimensions of all property which is offered, or
to be offered, for dedication for public use, with the purpose indicated
thereon, and of all property that is proposed to be reserved by deed
covenant for the common use of the property owners of the development.
C. The Planning Commission may require such additional information that
appears necessary for a complete assessment of the project.
D. Review by Planning Commission. The Planning Commission review of
the preliminary site plan shall include but is not limited to the
following considerations:
(1) Adequacy and arrangement of vehicular traffic access and circulation.
(2) Location, arrangement, appearance and sufficiency of off-street parking
and loading.
(3) Location, arrangement, size and design of buildings, lighting and
signs.
(4) Relationship of the various uses to one another and their scale.
(5) Adequacy, type and arrangement of trees, shrubs and other landscaping
constituting a visual and/or noise-deterring buffer between adjacent
uses and adjoining lands.
(6) Adequacy of stormwater and sanitary waste disposal.
(7) Adequacy of structures, roadways and landscaping in areas susceptible
to flooding and ponding and/or erosion.
(8) Compatibility of development with natural features of the site and
with surrounding land uses.
(9) Adequacy of floodproofing and prevention measures consistent with
flood damage prevention district regulations.
(10)
Adequacy of building orientation and site design for energy
efficiency. The extent of which the proposed plan conserves energy
use and energy resources in the community, including the protection
of adequate sunlight for use by solar energy systems.
(11)
Adequacy of open space for play areas, informal recreation and
the retention of natural areas, such as wildlife habitats, wetlands
and wooded areas.
(12)
Adequacy of pedestrian access, circulation, convenience and
safety.
Upon the Planning Commission's findings that the preliminary
site plan application is complete and satisfactory, a public hearing
shall be scheduled within 45 days from the time of such findings.
For the purpose of this chapter, the submission date shall be taken
as the date of the first regular Planning Commission meeting following
submission of the preliminary site plan to the Code Enforcement Officer.
The hearing shall be advertised at least five days prior to the scheduled
date in a newspaper of general circulation in the City.
Within 45 days of the public hearing at which a preliminary
site plan is considered, the Planning Commission shall act upon it.
The Planning Commission's action shall be in the form of a written
statement to the applicant stating whether or not the preliminary
site plan is approved, conditionally approved or disapproved. A copy
of the appropriate minutes of the Planning Commission's statement
may include recommendations as to desirable revisions to be incorporated
in the final site plan application. If the preliminary layout is disapproved,
the Planning Commission's statement will contain the reasons for such
findings. In such a case the Planning Commission may recommend further
study of the proposal and resubmission of the preliminary site plan.
Within 45 days of the submission of the final site plan, the
Planning Commission shall render a decision.
A. Upon approval, the Planning Commission shall endorse its approval
on a copy of the final site plan and shall forward it to the Code
Enforcement Officer, who shall then issue a building permit if the
project conforms to all other applicable requirements.
B. Upon disapproval, the Planning Commission shall so inform the Code
Enforcement Officer, and he/she shall deny a building permit. The
Planning Commission shall also notify the applicant in writing of
its decision and its reasons for disapproval. A copy of the appropriate
minutes may suffice for this notice.
C. Specifications for improvements shown on the site plan shall be those
set forth in this article and in other laws, ordinances, rules and
regulations, or in construction specifications of the City of Corning.
D. All approvals for final site plans issued by the Planning Commission
shall expire 18 months from the date of the approval if 50% of the
improvements for which the approval was given have not been completed.
An applicant may return to the Planning Commission prior to the expiration
of the original approval to request a one-year extension to that approval.
The Commission may or may not grant the extension, and the Commission
may require changes to the plan if circumstances warrant. If improvements
are not completed within a granted one-year extension period, the
approval in total shall expire. All dates shall be calculated from
the date of the original site plan approval.
The applicant or any interested person may appeal a decision
of the Planning Commission. The appeal shall be made to the Supreme
Court for review by a proceeding under Article 78 of the Civil Practice
Law and Rules. If the applicant is denied on the basis of a dimensional
aspect of the site plan that does not meet the code, he/she may seek
an area variance from the Zoning Board of Appeals on that specific
dimensional issue.