Amsterdam City Zoning Code
ARTICLE VIII
Site Plan Review and Approval Procedure
§ 250-56 Site plan required.
A site plan shall be required for all nonresidential projects in every zoning district and multifamily projects and vacant lot development of single and two family residences. All other single family and two family developments are exempt from Site Plan Review. Site plan reviews are required for all special use permit applications or any change of use or change of legally established nonconforming use permitted by right or special use permit. The Code Enforcement Officer shall refer the applicant to the Planning Commission for site plan review and approval in accordance with the standards and procedures set forth in this article.
§ 250-57 Sketch plan conference.
A.
All applicants seeking site plan review approval shall contact the Code Enforcement Officer to discuss sketch plan requirements and to make arrangements to be placed on the Planning Commission agenda for a sketch plan review.
B.
A sketch plan conference between the Planning Commission and the applicant shall be held to discuss the applicability of the site plan review and approval procedure to the intended development or proposed use for which the building permit or certificate of occupancy or use is sought.
C.
In order to assist the Planning Commission in its determination, the applicant shall submit, as may be applicable, the further data discussed below, during the sketch plan discussion. The Planning Commission shall make its determination based upon the following:
(1)
A review of the project's scope and the basic land use and site design concept, as shown by the sketch plan drawn to scale.
(2)
Accompanying statements provided by the applicant, which describe at a reasonable level of detail what is proposed.
(3)
An area map keyed to the real property Tax Maps, showing the parcel under consideration for site plan review and all surrounding properties.
(4)
All existing and proposed structures, subdivisions, streets and easements within 200 feet of the boundaries thereof.
D.
At the sketch plan conference, the Planning Commission shall, with the advice of its designated consultant, take one of three actions:
(1)
Administratively determine that the project is limited in scope, with compatible land use, site and building design characteristics, thus requiring no further review under this chapter, with such determination restricted to applications, including the establishment of permitted uses within existing complying structures or the limited modification of existing conforming uses and complying structures, as determined by the Building Inspector, wherein no substantial site improvements are either required or proposed.
(2)
Administratively determine that the project does require full review under this chapter, based upon the project's scope and/or land use, site and building design characteristics, and advise the applicant of site plan submission requirements in accordance with the site plan checklist set forth in § 250-58.
(3)
Require additional sketch plan information prior to making a determination regarding the applicability of the site plan review and approval procedure.
§ 250-58 Application for site plan approval.
A complete application for site plan approval shall be made, in writing, to the Planning Commission and shall be accompanied by four prints of a site plan which includes information drawn from the following checklist of items, as determined necessary by the Planning Commission at the time of the sketch plan conference and which is provided on a drawing certified by a licensed engineer, architect, landscape architect and/or land surveyor, in accordance with the provisions of the New York State Education Law[1] (at the discretion of the Planning Board):
A.
Site plan checklist.
(1)
Title of drawing, including name and address of applicant and person(s) responsible for preparation of such drawing.
(2)
North arrow, scale and date.
(3)
Accurate boundaries of the property plotted to scale, with specific reference as to the source of the boundary data.
(4)
Existing watercourses, wetlands and one-hundred-year floodplains.
(5)
Grading and drainage plan, showing existing and proposed contours at an appropriate interval to be specified by the Planning Commission at the sketch plan conference, with two-foot contour intervals and soils data generally required on that portion of any site proposed for development where general site grades exceed 5% or there may be susceptibility to erosion, flooding or ponding.
(6)
Preliminary drawings showing location, proposed use and height of all buildings, including general floor plans exterior elevations, overall dimensions and design and exterior materials.
(7)
Location, design and construction materials of all parking and truck-loading areas, with access and egress drives thereto.
(8)
Provision for pedestrian and handicapped access.
(9)
Location of outdoor storage for equipment and materials, if any.
(10)
Location, design and construction materials of all existing or proposed site improvements, including drains, culverts, retaining walls and fences.
(11)
Description of the method of stormwater management and location, design and construction materials of such facilities.
(12)
Description of the method of sewage disposal and location, design and construction materials of such facilities, including location of intended municipal connections.
(13)
Description of the method of securing water supply and location, design and construction materials of such facilities, including location of intended municipal connections.
(14)
Location of fire and other emergency zones, including the location of fire hydrants or of the nearest alternative water supply for fire emergencies.
(15)
Location, design and construction materials of all energy distribution facilities, including electrical, gas and solar energy.
(16)
Location, size and design and construction materials of all proposed signage, regulatory and business identification, whether freestanding or building-mounted.
(17)
Location and proposed development of all buffer and screening areas, including indication of existing vegetative cover and location of proposed natural screening or fencing.
(18)
Location and design of outdoor lighting facilities, including data regarding, when appropriate, lighting direction and levels, both within the site and at the site's boundaries, if adjacent to residential development.
(19)
Designation of the amount of building area proposed for retail sales, office use or similar commercial activity.
(20)
A description of the proposed uses to the extent known, including, for nonresidential occupancies, expected volume of business and type and volume of traffic expected to be generated and projected water demand and sewage load.
(21)
General landscaping plan and planting schedule.
(22)
Other elements integral to the proposed development as considered necessary by the Planning Commission, including the identification of any state or county permits required for the project's execution.
B.
Required fee. An application for site plan review and approval shall be accompanied by the applicable fee in accordance with the fee schedule established and annually reviewed by the Common Council.
C.
Environmental assessment form. An application for site plan review and approval shall also be accompanied by a short or full EAF as required by SEQRA, Article 8 of the Environmental Conservation Law and Title 6 Part 617 NYCRR and as determined by the Planning Commission at the sketch plan conference.
[1]
Editor's Note: See NY Educ § 1 et seq.
§ 250-59 Planning Commission review of site plan.
The Planning Commission's review of a site plan shall include, as appropriate, but is not limited to, the following:
A.
General considerations:
(1)
Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers, channelization structures and other traffic controls.
(2)
Adequacy and arrangement of pedestrian sidewalks, traffic access and circulation, walkways, control of intersections with vehicular traffic and overall pedestrian convenience and safety, including access to public transportation if applicable.
(3)
Location, arrangement, appearance and sufficiency of off-street parking and loading facilities.
(4)
Location, arrangement, size, design and general site compatibility to the surrounding area of principal and accessory buildings, lighting and signage.
(5)
Adequacy of stormwater and drainage facilities.
(6)
Adequacy of water supply and sewage disposal facilities.
(7)
Adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or noise-deterring buffer between the applicant and adjoining lands, including the maximum retention of existing vegetation.
(8)
In the case of an apartment complex or other multiple dwelling, the adequacy of usable open space of play areas and informal recreation.
(9)
Protection of adjacent or neighboring properties against noise, glare, unsightliness or other objectionable features.
(10)
Adequacy of fire lanes and other emergency zones and water supply for fire emergencies.
(11)
Special attention to the adequacy of structures, roadways and landscaping in areas with susceptibility to ponding, flooding and/or erosion or in the vicinity of wetlands or similar natural features.
(12)
Compatibility of building design with existing characteristics of the neighborhood.
B.
Consultant review. In its review, the Planning Commission may consult with the City Building Inspector, the City Engineer, other City and county officials and its designated private consultants, in addition to representatives of state agencies, including but not limited to the State Department of State, Department of Transportation, the State Health Department and the Department of Environmental Conservation.
C.
Public hearing. The Planning Commission shall conduct a public hearing on the application for site plan approval. The public hearing shall be conducted within 45 days of the receipt of the application and shall be advertised in the official newspaper of the City not less than twice, with the initial notice occurring at least five calendar days prior to the public hearing and the final notice occurring not more than three days prior to the public hearing. A notice of said public hearing shall be mailed to the owners of all property abutting that held by the applicant and all other owners of property within 200 feet, or such additional distance as the Planning Commission may deem advisable, of the boundaries of the property for which application has been made.
§ 250-60 Planning Commission action on site plan.
Within 45 calendar days of the receipt of an application for site plan approval or within 45 calendar days of the conduct of a public hearing, whichever shall last occur, the Planning Commission shall act on the site plan application.
A.
Action by resolution.
(1)
The Planning Commission shall act by resolution to either approve, disapprove, or approve with modifications to the site plan application. A copy of the resolution shall be filed in the City Clerk's office and mailed to the applicant within 10 calendar days of the Planning Commission's action. A resolution of either approval or approval with modifications shall include authorization to the Planning Commission Chairman to stamp and sign the site plan upon the applicant's compliance with the submission requirements stated below in Subsection B.
(2)
If the Planning Commission's resolution includes a requirement that modifications be incorporated in the site plan, conformance with said modifications shall be considered a condition of approval. If the site plan is disapproved, the Planning Commission's resolution shall state specific reasons for such decision. In such a case, the Planning Commission may recommend further study of the site plan and resubmission to the Planning Commission after it has been revised or redesigned.
B.
Submission requirements for stamping. After receiving site plan approval, with or without modifications, from the Planning Commission, the applicant shall, within six months, submit six prints and one reproducible Mylar of the site plan to the Planning Commission for stamping and signature by the Chairman. The site plan submitted for stamping shall conform strictly to the site plan approved by the Planning Commission except that it shall further incorporate any revisions or other modifications required by the Planning Commission and shall be accompanied by the following additional information:
(1)
Record of application for and approval status of all necessary permits from federal, state and county officials.
(2)
Detailed sizing and final material specification of all required improvements.
(3)
An estimated project construction schedule and, if a performance guarantee is to be provided by the applicant for all or some portion of the work, a detailed site improvements cost estimate.
C.
Effect of stamping by Planning Commission. Upon stamping and signature by the Chairman, the Planning Commission shall forward a copy of the approved site plan to the Building Inspector and the applicant. The Code Enforcement Officer may then issue a building permit or certificate of occupancy or use if the project conforms to all other applicable requirements, including those stated within the New York State Uniform Fire Prevention and Building Code. The Planning Commission Chairperson shall simultaneously file a stamped copy of the approved site plan in the office of the City Clerk.
§ 250-61 Reimbursable costs.
Reasonable costs incurred by the Planning Commission for private consultation fees or other extraordinary expense in connection with the review of a proposed site plan shall be charged to the applicant. Such reimbursable costs shall be in addition to the fee required in § 250-58 herein. Maximum amounts for such reimbursable costs by project type and size shall be in accordance with the fee schedule established and annually reviewed by the Common Council.
§ 250-62 Performance guarantee.
No certificate of occupancy or use shall be issued until all improvements shown on the site plan are installed and an as-built drawing submitted to the Code Enforcement Officer or a sufficient performance guarantee has been posted for improvements not yet completed. The amount and sufficiency of such performance guarantee shall be determined by the Planning Commission after consultation with the Corporation Counsel, the Code Enforcement Officer, other local officials or its designated private consultants. The performance guarantee shall be posted in accordance with the procedures specified by law and shall not be released until an as-built drawing has been submitted.
§ 250-63 Inspection of improvements.
The Code Enforcement Officer shall be responsible for the overall inspection of site improvements, including coordination with the Planning Commission's private consultants and other local officials and agencies, as may be appropriate on multifamily residential, institutional, commercial and light industrial projects.
§ 250-64 Integration of procedures.
Whenever the particular circumstances of a proposed development require compliance with either another procedure in this Code, the requirements of the City's Land Subdivision Regulations or the requirements of the State Environmental Quality Review Act, the Planning Commission may integrate, if it deems appropriate, and to the extent of its authority under law, site plan review as required by this chapter with the procedural and or submission requirements for such other compliance. Such integration of procedures may require, upon mutual written consent of the Planning Commission and the applicant, reasonable modification of the time schedules otherwise stated in this chapter or in said related regulations or requirements.
§ 250-65 Expiration of approval.
Unless construction or use is commenced within one calendar year of the date of the granting of site plan approval, such site plan approval shall become null and void.
§ 250-66 Relief from decisions.
Any person or persons jointly or severally aggrieved by any decision of the Planning Commission on a site plan approval application may apply to the Supreme Court of the State of New York for relief through a proceeding under Article 78 of the Civil Practice Law and Rules of the State of New York. Such proceeding shall be governed by the specific provisions of Article 78, except that the action must be initiated as therein provided within 30 calendar days after the filing of the Commission's decision in the office of the City Clerk.