Canton City Zoning Code
ARTICLE XII
Site Plan Review
§ 325-87 Intent and purpose.
The purpose of site plan review is to provide an opportunity for a community to review a proposed site improvement and its physical and functional integration on- and off-site to ensure that it will be compatible by presenting the site's existing characteristics and describing the intended design, arrangement and uses of land to be improved and their potential impact with respect to:
A.
The health, safety and general welfare of the Village and its citizens.
B.
The increased burden on the existing infrastructure or public facilities and services.
C.
Ensuring optimal conservation, protection, preservation, development and use of the natural and built resources.
D.
Meeting the standards set forth in this chapter.
§ 325-88 Planning Board review of site plans.
A.
The Planning Board is authorized to review and approve, approve with conditions or disapprove site plans in accordance with the standards and procedures set forth in this article.
B.
The Planning Board is authorized to impose such reasonable conditions and restrictions as are directly related to and incidental to a proposed site plan. Such conditions must be met in connection with the issuance of permits by the Code Enforcement Officer.
C.
No building permit shall be issued for uses or structures requiring site plan review unless said permit is conditioned upon conformity with the final site plan as approved by the Planning Board.
§ 325-89 Applicability.
A.
Site plan approval by the Planning Board shall be required for all new permitted land use activities listed on Schedule A: Permitted Uses[1] except for the following uses and activities, which shall be exempt from site plan review:
(1)
Construction of single-family and two-family dwellings. This exemption does not apply to any single- or two-family dwellings that comprise all or part of a residential condominium, townhouse or apartment housing cooperative, or conversion of existing uses to use as a residential condominium, townhouse or apartment housing cooperative, all of which shall be subject to site plan review.
(2)
Customary accessory structures and land use activities.
(3)
Ordinary landscaping or grading that is not intended to be used in connection with a land use reviewable under the provisions of this article.
(4)
Ordinary repair, maintenance, interior alterations to existing structures or uses.
(5)
A surface parking increase of up to four additional spaces or the dimensional equivalent area of four additional spaces (stalls) as required in § 325-55H.
(6)
Nonstructural agricultural uses and the construction of related structures.
(7)
The sale of agricultural produce and temporary structures related to the sale of agricultural produce.
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
B.
(Reserved)
C.
Coordination with other permits and approvals.
(1)
Site plan review shall be included as an integral part of the special use permit approval process and no separate Site plan approval shall be required for uses requiring a Special Use permit.
(2)
Area variances.
(a)
Where a site plan application contains one or more features that do not comply with the dimensional regulations of this chapter, site plan review shall begin with the Planning Board prior to seeking the identified area variance(s).
(b)
Prior to completing its review, the Planning Board shall refer the area variance application to the Zoning Board of Appeals along with its written opinion regarding the variance(s).
§ 325-90 Process.
A.
Prior to undertaking any new land use activity, except for those uses specifically excepted in § 325-88 of this article, a site plan review by the Planning Board is required. Applicants for site plan review shall follow the procedures as hereinafter set forth. Applicants must comply with all other procedures and requirements of this article. If a proposed land use activity requires site plan review, approval must be obtained prior to the issuance of a building permit by the Code Enforcement Officer.
B.
An application for site plan approval shall be made in writing and shall follow the process of this section. Where a conceptual sketch plan conference is held, the application material to be submitted as described in Subsections D and E below shall be drawn from the conceptual sketch plan discussion and identified by the Planning Board at such conference.
C.
Conceptual sketch plan conference (optional).
(1)
Prior to formal submission of a detailed site plan, there may be a conceptual sketch plan conference with the Planning Board to review the basic site design concept, provide the applicant with constructive suggestions and, generally, determine the information to be required to have a complete application. The conceptual sketch plan shall be submitted to the Code Enforcement Officer and include the information described in Subsection C(1)(a) and (b) below and may include any information in Subsection E(4), Site plan elements.
(a)
A statement and rough sketch showing the locations and dimensions of existing and proposed structures, wells, waste disposal systems, parking areas, access drives, signage and anticipated changes in the existing topography and natural features; and
(b)
A sketch or map of the area that clearly shows the location of the site and nearby properties, land uses, street rights-of-way, easements and other pertinent features.
(2)
The Code Enforcement Officer shall provide the conceptual sketch plan submission to the Planning Board and the conceptual sketch plan conference will be placed on the next Planning Board meeting agenda if all deadlines for submission are met.
D.
Site plan application submission process.
(1)
Site plan review applications and all required attachments shall be submitted to the Code Enforcement Officer using forms supplied by the Code Enforcement Office.
(2)
The applicant shall submit the application fee as established by the Village Board in a Fee Schedule.
(3)
The Code Enforcement Officer shall make an initial determination of the completeness of any site plan review application. The Code Enforcement Officer shall notify the applicant within seven business days of the date of application submission if such application is incomplete or deficient in any way and shall further specify the deficiencies. Applications deemed initially complete shall be forwarded to the Planning Board.
E.
Application submission and site plan requirements.
(1)
The site plan review application submission shall include paper copies in an amount identified by the Planning Board and Code Enforcement Office and one electronic copy of a site plan map drawn to scale showing the information provided in Subsection E(4) below, unless otherwise waived pursuant to Subsection E(3).
(2)
The Planning Board may require that any plans required as part of a site plan application be stamped by a licensed professional land surveyor, engineer, architect, landscape architect or other appropriate licensed professional as applicable.
(3)
Waiver of requirements. The Planning Board shall have the authority to waive any or all of the above informational requirements. Said waiver may be granted upon a finding by the Planning Board that the site plan review requirement is not requisite to the interest of the public health, safety and general welfare or is otherwise unnecessary to a particular site plan. The Planning Board shall state the basis for said waiver as part of the public record.
(4)
Site plan elements.
(a)
Title of drawing, including name, site address, Tax Map number, owner name and address, and person responsible for preparation of such drawing.
(b)
North arrow, scale (including bar scale) and date.
(c)
Boundaries of the property plotted to scale, including zoning district boundaries.
(d)
Location and size of existing and proposed buildings.
(e)
Topographic data based on the United States Geological Survey or equivalent, with contour intervals suitable to the terrain.
(f)
Grading and drainage plan showing existing and proposed contours, rock outcrops, depth to bedrock, soil characteristics and watercourses as per available Natural Resources Conservation Service data.
(g)
Location, dimension and purpose of any existing or proposed easement.
(h)
Locations, design, type of construction and exterior construction materials.
(i)
Proposed use and exterior dimensions of all proposed buildings and outdoor storage and sales area.
(j)
Street and driveway layout, including right-of-way and improved surface widths.
(k)
Location, design and type of construction of all parking and truck loading areas, showing ingress and egress.
(l)
Provisions for pedestrian and bicycle access to site, buildings and parking areas.
(m)
Location, design and construction materials of all existing and proposed site improvements, including drains, culverts, stormwater retention or detention structures, retaining walls and fences.
(n)
Location of fire and other emergency zones, including the location of fire hydrants.
(o)
Location, design and construction materials of all utilities, energy and communications distribution facilities, including electrical, gas and solar energy or other alternative energy, telecommunications, water and sewer.
(p)
Location and screening of refuse/garbage and recycling receptacles.
(q)
Location for snow storage related to parking lots.
(r)
Location, size, design and type of construction of all proposed signs.
(5)
Other required project information.
(a)
Estimated project construction schedule.
(b)
Record of application for and status of all necessary permits from other governmental agencies.
(c)
Estimated number of occupants or clientele at any one time.
(d)
Other elements integral to the proposed development as may be considered necessary in the particular case by the Planning Board, including elements required by the State Environmental Quality Review Act (SEQRA).
(e)
Any proposed or required performance guaranty.
(6)
Potential additional requirements. In addition to the above, the Planning Board may require the applicant to submit information to aid in rendering a decision. Additional information may include, but is not limited to:
(a)
Traffic study to show the impact of the project on existing traffic patterns.
(b)
On-site testing for water quantity and/or quality.
(c)
Preparation of a visual impact assessment (VIA) for the project using as guidance the NYS Department of Environmental Conservation's Visual Policy, Assessing and Mitigating Visual Impacts, DEP-00-2, as part of compliance with the SEQRA.
(d)
Study to review the potential for air pollution when a use is identified as releasing possible pollutants.
(e)
Study to indicate the project's impact on adjacent watercourses regarding increased water runoff and/or release of effluent to a nearby stream.
(f)
Project's impact on existing public services such as ambulance services, fire service, utilities and schools.
§ 325-91 Final application review.
A.
The Planning Board shall determine whether the application is complete. Once the Planning Board has determined the application is complete, the sixty-two-day review period begins, unless it is extended by mutual consent.
B.
Review criteria. The Planning Board's review of Site plan applications shall include, but not be limited to, the following criteria:
(3)
Adequacy of the project's vehicle parking demand and needs, location and arrangement of vehicle and bicycle parking and loading, pedestrian access and circulation, walkway structures, control of intersections with vehicular traffic and overall pedestrian convenience as provided in Article VIII, Supplemental Regulations.
(4)
Adequacy and arrangement of vehicular traffic access and circulation, including alley utilization, intersections, road widths, pavement surfaces, dividers and traffic controls.
(5)
Adequacy of stormwater and drainage facilities and utilization of low-impact development practices and green infrastructure.
(6)
Adequacy of water supply and sewage disposal facilities.
(7)
Adequacy of fire lanes and other emergency zones and the provisions of fire hydrants.
(9)
Adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or noise buffer between the applicant's and adjoining lands, including the maximum retention of existing vegetation as required in § 325-54, Landscaping and screening standards.
(10)
Adequacy of structures, roadways and landscaping in areas with susceptibility to ponding, flooding and/or erosion.
(11)
Availability of usable open space for play areas and informal recreation.
(12)
Adequacy of protection of the Village's natural resources, including waterways and open spaces, steep slopes and scenic viewsheds.
(13)
Adequacy of protection for and compatibility with any adjacent historic resources as identified by the Village and the State and Federal Registers of Historic Places.
(14)
Protection of adjacent or neighboring properties against noise, glare, dust, unsightliness or other objectionable features.
§ 325-92 Coordination of review.
A.
Superintendent of Public Works. The Planning Board shall consult with the Superintendent of Public Works regarding any proposed development requiring a new connection to the Village water or sewer system or changes to the streetscape, stormwater drainage system or public right-of-way. The Superintendent shall have 30 days from receipt of the application to provide a recommendation to the Planning Board.
B.
Fire Chief. The Planning Board shall consult with the Village Fire Chief regarding on-site emergency vehicle access for any new development or change of access to a site.
C.
Complete Streets Task Force. The Planning Board shall consult the Complete Streets Task Force regarding any proposed development meeting the criteria for review under the Village Complete Streets Code,[1] such as potential changes to the streetscape, public right-of-way or potential connections to the existing transportation networks, including pedestrian and bicycle infrastructure.
D.
Whenever the circumstances of the proposed development require referral to the County Planning Board under § 239-m of the General Municipal Law, the Planning Board shall coordinate the review procedures to provide timely and efficient processing of the application.
E.
Whenever the circumstances of the proposed development require compliance with this article and with any other local law, ordinance or requirement of the Village, the Planning Board shall attempt to integrate, as appropriate, site plan review with the procedural and submission requirements for such other compliance.
F.
The Planning Board may consult with the Code Enforcement Officer, Office of Economic Development, Village Fire Department, Public Works Department, County Planning Office and other local or county officials, in addition to representatives of federal and state agencies, including but not limited to the USDA Natural Resources Conservation Services, NYS Department of Environmental Conservation, or other professional consultants as needed. If possible, the need for professional consultation will be determined at conceptual review. Expenditures for professional consultations require the approval of the Village Board.
G.
Any comments made under this section must be in writing and made available to the applicant, property owner and Planning Board for their consideration no fewer than 10 business days prior to any scheduled Planning Board review of the final application. Such comments shall become part of the application file and be made available for public review upon request.
§ 325-93 Public hearing.
The Planning Board may conduct a public hearing on the site plan if it considers it desirable. Such hearing may be held within 62 days of the receipt of the complete application for site plan review and shall follow the procedures of § 325-12 of this chapter.
§ 325-94 Planning Board decision; payment of fees and costs.
A.
Within 62 days of the date of the Planning Board determination of a complete application, the Planning Board shall approve, approve with conditions or disapprove the application. An extension of the sixty-two-day period may be granted upon mutual consent of both the Planning Board and the applicant. If the Planning Board fails to act within said sixty-two-day period or a granted extension, the site plan shall be considered approved.
B.
All approvals or approvals with conditions shall include payment by the applicant of all fees and reimbursable costs due to the Village.
§ 325-95 Written decision.
The Planning Board's final action, rendered in writing, shall consist of one of the following:
A.
Approval of the site plan based upon a determination that the proposed plan is compatible with the considerations set forth in § 325-91;
B.
Approval of the site plan subject to any conditions, modifications and restrictions as required by the Planning Board resulting from findings made as per § 325-94; or
C.
Disapproval of the site plan based upon a determination that no conditions, modifications or restrictions are available and mutually agreeable that would mitigate adverse findings made pursuant to.
§ 325-96 Notice of decision.
Notice of the Planning Board's decision shall be given to the Code Enforcement Officer, who shall issue the decision in accordance with the direction of the Planning Board. A copy of the Planning Board's determination shall be attached to the final site plan and shall be filed with the Village Clerk. A copy of such determination shall be posted publicly and mailed to the property owner and/or applicant of record within five business days of the Board's decision.
§ 325-97 Performance guarantee.
A.
To ensure the completion of required improvements such as but not limited to roads, landscaping or other improvements required by the Planning Board, the applicant may be required to post a performance bond(s) or other form of security to cover the full cost of the infrastructure and improvements as estimated by the Planning Board or designated Village department in accordance with the procedures provided for in § 7-725-a, Subsection 7, and § 7-730, Subsection 9, of NYS Village Law. A period of one year (or such other period as the Planning Board may determine appropriate, not to exceed three years) shall be set forth in the bond within which required improvements must be completed.
B.
The sufficiency of any performance guaranties shall be determined by the Planning Board, Village Attorney and other appropriate parties within 10 business days of the submittal.
§ 325-98 Enforcement.
A.
The Code Enforcement Officer may suspend any permit when work is found not in accordance with the final site plan approval.
B.
No certificate of occupancy shall be issued until all private improvements shown on the approved site plan are installed or a sufficient performance guaranty has been posted for required public improvements not yet completed.