Auburn City Zoning Code
ARTICLE VI
Site Plan Review
§ 305-85 General guidelines.
A.
Purpose. The purpose of this article is to provide the specifications and necessary elements to be included in a minor and major site plan for those uses which are subject to site plan review including, but not limited to, proposed parking, access, screening, signs, landscaping, architectural features, location and dimensions of buildings, adjacent land uses and physical features meant to protect adjacent land uses.
B.
Applicability. This article applies to all land use activities requiring minor and major site plan approval.
(1)
Minor site plans include the following types of development:
(c)
Parking lots, parking structures, loading and stacking area.
[1]
Any new parking lot or parking structure with 3,000 square feet or less.
[2]
Expansion of a parking lot, parking structure, loading or stacking area by less than 25% of total area. Changes to parking lots, parking structures, loading or stacking areas may require a major site plan review at the discretion of the Design Review Committee.
(3)
Exclusions. The following activities are excluded from the requirement for site plan review:
(a)
Construction of one- or two-family dwellings and ordinary related accessory structures and related land use activities;
(b)
Expansion of existing single- and two-family residential structures and related land use activities;
(c)
Landscaping and grading which is not intended to be used in connection with a land use reviewable under the provisions of the definition above;
(d)
Ordinary repair or maintenance or interior alterations of existing structures or uses;
(e)
Nonstructural agricultural or gardening uses.
(f)
Accessory building to a nonresidential use less than 1,200 square feet.
(4)
A major site plan may be required if the Design Review Committee determines that:
(a)
A proposed adjustment to a previously approved minor site plan is not consistent with the intent and objectives of the original site plan approval.
(b)
If the Design Review Committee determines the impacts of an application for minor site plan review have the potential to create significant detrimental impacts to character, safety, etc.
C.
Jurisdiction.
(1)
The Design Review Committee and Planning Board are hereby authorized to review and act on site plans submitted in accordance with this chapter, special use permit applications submitted in accordance with Article VIII, § 305-104, Special use permits, and amendments proposed to this chapter and to act as lead agency for all matters requiring review under the New York State Environmental Quality Review Act (SEQRA) that may arise as a result of the requirements of this chapter.
(2)
The Planning Board shall also conduct an annual review of this chapter and issue a report in April of each year advising the City Council of any sections or provisions, if any, of this chapter which should be amended.
D.
Minor site plan filing review and procedures.
(1)
A minor site plan requires Design Review Committee review. The Design Review Committee shall have authority in determining the compliance of a minor site plan with the provisions of this chapter.
(2)
Application. The following application requirements must be met and information provided before an application for minor site plan review will be reviewed.
(a)
A presubmittal meeting with the Planning Department is required prior to filing an application for minor site plan approval. This may be waived by the Planning Department.
(b)
Application fee paid in full in compliance with the City of Auburn Consolidated Fee Schedule.
(c)
Minor site plan containing the following items:
[1]
A statement and scaled drawing showing the locations and dimensions of principal and accessory structures, parking areas, access signs (with descriptions); existing and proposed vegetation, and other planned features;
[2]
Anticipated changes in the existing topography and natural features; and, where applicable, measures and features to comply with flood hazard and flood insurance regulations;
[3]
Map of the area which clearly shows the location of the site with respect to nearby streets, rights-of-way, properties, easements and other pertinent features;
[4]
A topographic or contour map of adequate scale and detail to show site topography;
[5]
Compliance with the City's Design Standards (as applicable).
(d)
If not the owner of the land under consideration, provide written approval from the owner to submit the sketch plan.
(e)
Application form as provided by the Planning Department with all required supporting documents outlined on the site plan review application.
(3)
Review procedures.
(a)
Upon submission, Planning Department staff will notify the applicant within 10 business days of receipt if an application is complete.
(b)
In the event the Planning Department deems an application incomplete or otherwise not properly filed, the applicant will be notified in writing and given the opportunity within a specified period of time (not less than seven days after the date of the notice) to bring the application into compliance. An application which is the subject of such notice but is not brought into compliance within the period specified in such notice shall be denied for failure to comply with these rules.
(c)
Within 10 business days of a notification of a completed application, the Planning Department will forward the application to the Design Review Committee.
(d)
The Design Review Committee's review of the site plan shall include, but is not limited to, the following considerations:
[1]
Location, arrangement, size, design and general site compatibility of buildings, lighting and signs;
[2]
Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers and traffic controls;
[3]
Location, arrangement, appearance and sufficiency of off-street parking and loading;
[4]
Adequacy and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular traffic and overall pedestrian convenience;
[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 buffer between the applicant's land and adjoining lands, including the maximum retention of existing vegetation;
[8]
Adequacy of fire lanes and other emergency zones and the provision of fire hydrants;
[9]
Special attention to the adequacy of and impact on structures, roadways and landscaping in areas with susceptibility to ponding, flooding, or erosion;
[10]
Conformance with the City's Design Standards to the maximum extent possible.
(e)
Within 30 days of receipt of a completed application, the Design Review Committee shall review the plans for compliance with this chapter. Where a site plan does not meet the requirements of this chapter, the Design Review Committee may refer said site plan to the Planning Board for their review under the requirements for major site plan filing approval and procedures.
(f)
The Design Review Committee may specify the actions necessary to bring the application into complete compliance with applicable regulations.
E.
Major site plan filing approval and procedures.
(1)
A major site plan requires Planning Board approval. The Planning Board shall have authority in determining the compliance of a major site plan with the provisions of this chapter.
(2)
Application. The following application requirements must be met and information provided before an application for major site plan will be approved.
(a)
A presubmittal meeting with the Planning Department is required prior to filing an application for major site plan approval. This may be waived by the Planning Department.
(b)
Application fee paid in full in compliance with the City of Auburn Consolidated Fee Schedule.
(c)
Major site plan containing the following items:
[1]
Title of drawing, including name and address of applicant and person responsible for preparation of such drawing;
[2]
North arrow, scale and date;
[3]
Boundaries of the property plotted to scale;
[4]
Existing watercourses and wetlands;
[5]
Grading and drainage plan showing existing and proposed contours;
[6]
Location, design, type of construction, proposed use and exterior dimensions of all buildings;
[7]
Location, design and type of construction of all parking and truck loading areas showing access and egress;
[8]
Provisions for pedestrian access including sidewalks along public highways. Pedestrian facilities shall be ADA (Americans with Disabilities Act) compliant. Sidewalks must be constructed continuously across all driveways;
[9]
Provisions for bicycle parking, such as bicycle racks or bicycle lockers, as appropriate.
[10]
Location of outdoor storage, if any, and location, design and specific arrangements for storage and access to refuse collection containers;
[11]
Location, design and construction materials of all existing and proposed site improvements, including drains, culverts, retaining walls and fences;
[12]
Description of the method of sewage disposal and location, design and construction materials of such facilities;
[13]
Description of the method of securing public water and location, design and construction materials of such facilities;
[14]
Location of fire and other emergency zones, including the location of fire hydrants, access routes for emergency vehicles, location of fire hydrants, location of wires, cable and conduits for electric, telephone, cable television and similar services, and location of any easements;
[15]
Location, design and construction of materials of all energy distribution facilities, including electrical, gas and solar energy;
[16]
Location, height, size, materials and design and type of construction of all proposed signage;
[17]
Location and proposed design of all buffer areas, including existing vegetative cover;
[18]
Location and design of outdoor lighting facilities;
[19]
Identification of the location and amount of building area proposed for retail sales or similar commercial activity;
[20]
Landscaping plan and planting schedule;
[21]
Estimated project construction schedule;
[22]
Record of application for and approval status of all necessary permits from state and county officials;
[23]
Other elements integral to the proposed development as considered necessary by the Planning Board.
[24]
Short environmental assessment form (EAF), full environmental assessment form or draft environmental impact statement as determined by the Design Review Committee or Planning Board. The EAF should be completed to the extent possible using the New York State Department of Environmental Conservation Environmental Resource Mapper.
(3)
Completed application. Upon submission, Planning Department staff will notify the applicant within five business days of receipt if an application is complete.
(a)
In the event the Planning Department deems an application incomplete or otherwise not properly filed, the applicant will be notified in writing and given the opportunity within a specified period of time (not less than seven days after the date of the notice) to bring the application into compliance. An application which is the subject of such notice but is not brought into compliance within the period specified in such notice shall be denied for failure to comply with these rules.
(b)
Within three business days of a completed application, the Planning Department will forward the application to the Design Review Committee.
(c)
Within 15 business days of receipt of a completed application, the Design Review Committee shall forward recommendations to the Planning Board for the first Planning Board meeting that project is scheduled to be reviewed. The Design Review Committee may request additional time to review the application and supporting materials upon consent of the applicant.
(4)
Notice. The Planning Department will mail one notice to all owners of record of properties within 400 feet of the subject property. The notice will include the date and time of the first Planning Board meeting which the project is on the agenda, and address and description of the proposed project. Notice shall be mailed no fewer than five days prior to the meeting.
(5)
Site inspections. The Board, and any such persons as they may designate, may conduct such examinations, tests and other inspections of the site deemed necessary and appropriate.
(6)
Review. The Planning Board's review of the site plan shall include, as appropriate, but not be limited to, the following considerations:
(a)
Location, arrangement, size, design and general site compatibility of buildings, lighting and signs;
(b)
Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers and traffic controls;
(c)
Location, arrangement, appearance and sufficiency of off-street parking and loading;
(d)
Adequacy and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular traffic and overall pedestrian convenience;
(e)
Adequacy of stormwater and drainage facilities;
(f)
Adequacy of water supply and sewage disposal facilities;
(g)
Adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or noise buffer between the applicant's land and adjoining lands, including the maximum retention of existing vegetation;
(h)
Adequacy of fire lanes and other emergency zones and the provision of fire hydrants;
(i)
Special attention to the adequacy of and impact on structures, roadways and landscaping in areas with susceptibility to ponding, flooding, or erosion;
(j)
Conformance with the City's Design Standards to the maximum extent possible.
[1]
No approval or approval with conditions shall be granted until the Planning Board determines that the applicant is in compliance with all other provisions of this and other ordinances.
[2]
Within 60 days of the receipt of a completed application for site plan approval, the Planning Board shall render a decision of approve, approve with modifications, or deny the site plan. The time within which a decision must be rendered may be extended by mutual consent of the applicant and Planning Board.
[a]
Site plans requiring modifications shall be submitted to the Planning Department for final approval within a time period determined by the Planning Board. The Planning Department may forward the modified site plan to the Planning Board at their discretion.
[b]
If a Site Plan is denied, an applicant may submit an appeal within 30 days from the date of the decision to the Zoning Board of Appeals requesting relief from the Planning Board action.
(k)
Upon approval of the site plan, the date the Planning Board Chair signs the approved major site plan shall establish the date of approval for a major site plan. A final copy of the approved major site plan will be filed by the Planning Department with the City Clerk.
(l)
Costs incurred by the Planning Board for consultation fees or other extraordinary expenses in connection with the review of a proposed site plan shall be charged to the applicant.
F.
Public hearing.
(1)
The Planning Board may hold a public hearing.
(2)
In determining whether a public hearing is necessary, the Planning Board shall be guided by the expected level of public interest in the project.
(3)
Applicants may request a public hearing. When an applicant requests a public hearing, no site plan may be disapproved without such a hearing.
(4)
When the Planning Board requires a public hearing, a notice shall be published at least once, not less than 10 days in advance of such meeting, in a newspaper of general circulation of the City.
(a)
A notice shall be mailed to the applicant.
(b)
A notice shall be delivered to the Mayor, members of the City Council, Zoning Board of Appeals, and to the City Manager.
(c)
A notice shall be mailed to every association of residents of the City and any other interested party who or which shall have registered their names and addresses for this purpose with the Planning Board.
(d)
A notice shall be mailed to the owners of record of properties within 400 feet of the subject property.
(e)
The notice required shall be posted upon instructions from the Planning Board and shall state the location of the building or lot in question and the general nature of the question involved.
G.
Changes in site plan.
(1)
At any time within 30 days following the initial site plan submission to the Planning Department, the applicant may submit to the Planning Department site plan modifications which do not materially affect the fundamental character of a proposed site plan, and the time periods state in this section shall continue to apply.
(2)
If, subsequent to the approval of a site plan by the Planning Board, the applicant proposes any modification (other than to correct minor or technical omissions or inaccuracies) of the site plan, the procedures set forth in Article VI, § 305-85E(2), Application, above shall be applicable to such modification, except that the materials submitted to the Planning Department shall relate only to such modification.
(3)
Minor modifications to the site plan may be approved by the Planning Department. Minor modifications include:
H.
Subdivision review. Site plan review under the provisions of this chapter may occur simultaneously with subdivision plat review, where required. A single public hearing for approval of the site plan and its associated plat shall be permitted, as determined by the Planning Department.
I.
Compliance.
(1)
No certificate of occupancy shall be issued until all improvements shown on the approved minor or major site plan are installed or a sufficient performance guarantee has been posted for improvements not yet completed. The sufficiency of such performance guarantee shall be determined by the Planning Board, after consultation with other appropriate agencies.
(2)
The Code Enforcement Officer shall be responsible for the overall inspection of site improvements, including coordination with the Planning Board and other officials and agencies, as appropriate.
(3)
Whenever the particular circumstances of proposed development require compliance with other requirements of the City of Auburn, the Planning Board shall attempt to integrate, as appropriate, site plan review as required by this section with the procedural and submission requirements for such other compliance.
J.
Period of validity.
(1)
If construction of the approved development has not commenced within two years from the time of minor or major site plan approval, that approval shall be deemed revoked.
(2)
Extensions not to exceed two years may be granted by the Planning Department or Design Review Committee.
(3)
Multiple extensions may be granted at the discretion of the Design Review Committee.