Cato Town City Zoning Code
ARTICLE VIII
Site Plan Review and Approval
§ 114-26 Applicability.
§ 114-27 Sketch plan conference.
Sketch plan conference required. All applicants for site plan review shall meet with the Code Enforcement Officer and the Planning Board at a regular Planning Board meeting to conduct a sketch plan review, the purpose of which is to review the basic site design concept and determine the information to be required on the preliminary site plan. The purpose of the sketch plan conference is to discuss with the applicant the project's conformity with the Comprehensive Plan, the requirements in the Zoning Ordinance, and to advise the applicant of other issues or concerns. The sketch plan conference provides an opportunity to indicate whether the proposal, in its major features, is acceptable or whether it should be modified before expenditures for more detailed plans are made.
Required data. Information to be included on the sketch plan is as follows:
An area map showing the parcel under consideration for site plan review and all parcels, structures, subdivisions, streets, driveways, easements and permanent open space within 200 feet of the boundaries thereof, or at the discretion of the Planning Board.
A map of site topography at no more than five-foot contour intervals, or at the discretion of the Planning Board, shall be provided. If general site grades exceed 5% or if portions of the site have susceptibility to erosion, flooding, or ponding, a soils overlay and topographic map showing contour intervals of not more than two feet of elevation should also be provided.
General identification of all existing natural features and utilities on the site and in the area.
The location of all existing and proposed structures on the site and designated uses for each.
Identification of existing zoning classification(s) of the property and all adjacent properties and any restrictions on land use of the site.
§ 114-28 Preliminary site plan application.
Application for preliminary site plan approval. An application for preliminary site plan approval shall be made, in writing to the Code Enforcement Officer and shall be accompanied by information drawn from the preliminary site plan checklist, as determined necessary by the Code Enforcement Officer and the Planning Board at a regular Planning Board meeting for the sketch plan conference. All site plan information and building designs shall be prepared by a licensed New York State architect, engineer, surveyor, or landscape architect.
Preliminary site plan checklist. It is important for the Planning Board to have appropriate information tailored to the plan for site development. To accomplish this, a preliminary sketch plan review is conducted to determine those items from the comprehensive list below which will be required for site plan approval. Additional design standards and directions regarding the items to be shown on specific plan sheets may be found in the administrative checklist available from the Code Enforcement Officer. The preliminary site plan may include:
Title of drawing, including name and address of applicant and person responsible for preparation of such drawing.
North arrow, graphic scale, and date.
Boundaries of the property, plotted to scale.
The location of existing property lines, easements, structures, subdivisions, streets, driveways, permanent open space and natural features (subject to other state or federal regulations which may restrict development) within 200 feet of the proposed site or at the discretion of the Planning Board.
Grading and drainage plan, showing existing and proposed contours. The drainage plan shall also clearly explain the methodology used to project stormwater quantities and the resultant peak flow conditions.
Location, proposed use, and height of all buildings.
Summary of the amount of square footage devoted to each use requiring off-street parking or loading.
Number, location, design, and construction materials of all parking and loading areas, showing access and egress. Location of reserved parking areas as required by the off- street parking regulations of § 114-19.
Provision for pedestrian access.
Location, dimensions, and vehicle capacity of drive-in facilities and related queuing lanes.
Building elevation(s) showing building massing, window and door spacing and treatments and other architectural features; and indication of building materials suitable to evaluate architectural compatibility.
Location, purpose, and holder of all proposed easements or dedications for utilities, recreation, conservation or other purpose.
Location, size, and type of material for any proposed outdoor storage.
Location, design, and construction materials of all existing or proposed site improvements, including drains, culverts, retaining walls, and fences.
Description of the type and quantity of sewage expected, the method of sewage disposal and the location, design, and construction materials of such facilities.
Description of the type and quantity of water supply needed, the method of securing water supply, and the location, design, and construction materials of such facilities.
Location of fire and other emergency zones, including the location of fire hydrants.
Location, size, design, and construction materials of all proposed signs.
Location of proposed buffer areas, including existing vegetative cover.
Location, design, and construction material of all energy-distribution facilities, including electrical, gas, wind power, solar energy, and other public utility facilities, such as cable or phone service.
Location, type, height, brightness, and control of outdoor lighting facilities;
Identification of permanent open space or other amenities provided.
A table summarizing each building footprint, total size in square feet and number of stories; the number of dwelling units and the amount of square feet devoted to each use type; size, in square feet or acres, of access, parking and circulation areas and the number of loading, queuing and parking spaces; size in square feet of landscaped and natural open space; and size in square feet and text of all signs.
A landscaping plan and planting schedule.
Other elements integral to the proposed development as considered necessary by the Planning Board, to include showing railroads or any other type of transportation facilities not specified.
All forms and information pursuant to New York State Environmental Quality Review Act (SEQRA).
An agricultural data statement if the proposed use is located on or within 500 feet of a farm operation in the Cayuga County Agricultural District.
For all developments disturbing more than one acre, New York State Department of Environmental Conservation (NYSDEC) requires that Municipalities receive a copy of the Stormwater Pollution Prevention Plan (SWPPP) prior to plan approval. The owner is required to comply with the NYSDEC's "SPEDES General Permit for Stormwater Discharge from Construction Activity" Permit #GP-02-01 (or as may be revised).
§ 114-29 Planning Board Review of preliminary site plan.
The Planning Board shall review all preliminary site plans. The Planning Board's review shall include, as appropriate, but is not limited to, general consideration of the following:
Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers and traffic controls for parking, loading and drive-in facilities.
Adequacy and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular traffic and overall pedestrian convenience. In general sidewalks shall be required along all dedicated roads on lots within 1,000 feet of a school, park, or residential concentration.
Location, arrangement, appearance, and sufficiency of off-street parking and loading.
Location, arrangement, size, design and general architectural and site compatibility of buildings, lighting, signs, and landscaping.
Adequacy of stormwater calculation methodology and stormwater and drainage facilities to eliminate off-site runoff and maintain water quality.
Adequacy of water supply and sewage disposal facilities.
Size, location, arrangement and use of required open space and adequacy of such open space to preserve scenic views and other natural features, to provide wildlife corridors and habitats, to provide suitable screening and buffering; and to provide required recreation areas.
Protection of adjacent or neighboring properties against noise, glare, unsightliness or other similar nuisances.
Adequacy of community services, including fire, ambulance and police protection, and on-site provisions for emergency services, including fire lanes and other emergency zones, fire hydrants and water pressure.
Adequacy and unobtrusiveness of public utility distribution facilities, including those for gas, electricity, cable television, and phone service.
Making provision for, so far as conditions may permit, the accommodation of solar energy systems and equipment and access to sunlight necessary thereof.
In accordance with the Town of Ira and Cato Joint Community Comprehensive Plan and other planning studies.
Conformance with density, lot size, height, yard and lot coverage and all other requirements of the zoning regulations contained in this chapter.
Applicant to attend Planning Board meeting.
The applicant and/or their duly authorized representative shall attend the meeting of the Planning Board where the preliminary site plan is reviewed.
Consultant review. The Planning Board may consult with the Town Board, Code Enforcement Officer, Fire Commissioners and other appropriate local and county officials and departments and its designated private consultants, in addition to representatives of federal and state agencies, including, but not limited to, the Cayuga County Soil and Water Conservation District, the New York State Department of Transportation, and the New York State Department of Environmental Conservation.
Public hearing. The Planning Board may conduct a public hearing on the preliminary site plan. If a public hearing is considered desirable by a majority of the members of the Planning Board, such public hearing shall be conducted within 62 calendar days of the receipt of the application for preliminary site plan approval. The Planning Board shall publish a notice in the Town's official newspaper and publish in any other location/media that the Town deems appropriate and necessary at least 10 business days prior to the date fixed for the public hearing.
§ 114-30 Planning Board action on preliminary site plan.
Within 62 calendar days after the public hearing or within 62 calendar days after the complete application was filed if no public hearing was held, the Planning Board shall act on the application for preliminary site plan approval. This time may be extended by mutual consent of the applicant and the Planning Board. The Planning Board's action shall be in the form of a written statement to the applicant stating whether or not the preliminary site plan is approved, disapproved, or approved with modifications.
The Planning Board's statement may include recommendations of desirable modifications to be incorporated in the final site plan, and conformance with said modifications shall be considered a condition of approval. If the preliminary site plan is disapproved, the Planning Board's statement will contain the reasons for such findings. In such a case, the Planning Board may recommend further study of the site plan and resubmission to the Planning Board after it has been revised or redesigned.
§ 114-31 Final site plan approval procedure.
After receiving approval, with or without modifications, from the Planning Board on a preliminary site plan, the applicant shall submit a final detailed site plan to the Planning Board for approval. If more than six months has elapsed since the time of the Planning Board's action on the preliminary site plan and if the Planning Board finds that conditions have changed significantly in the interim, the Planning Board may require a resubmission of the preliminary site plan for further review and possible revision prior to accepting the proposed final site plan for review. The Planning Board may also require a new public hearing. The final site plan shall conform substantially to the approved preliminary site plan. It should incorporate any modifications that may have been recommended by the Planning Board in its preliminary review. All such compliance shall be clearly indicated by the applicant on the appropriate submission.
The following additional information shall accompany an application for final site plan approval:
Record of application for and approval status of all necessary permits from local, state, and county officials.
An estimated project construction schedule.
A legal description of all areas proposed for municipal dedication.
A conservation easement or other recordable instrument executed by the owner for any permanent open spaces created.
If no building permit is issued within one calendar year from the date of final site plan approval, the final site plan approval shall become null and void.
§ 114-32 Referral to County Planning Board.
Prior to taking action on the final site plan, the Planning Board shall refer the plan to the County Planning Board for advisory review and a report in accordance with Section 239-L, M and N of the New York State General Municipal Law.
§ 114-33 Planning Board action on final site plan.
Within 62 calendar days of receipt of the application for final site plan approval, the Planning Board shall make its final decision to either approve or disapprove of the final site plan. This time may be extended by mutual consent of the applicant and the Planning Board. The Planning Board shall submit a written copy of its decision to the Town Clerk, the Code Enforcement Officer, and the applicant within five business days of the Planning Board's decision.
Upon approval of the final site plan and payment by the applicant of all fees and reimbursable costs due and letter of credit if required, the Planning Board shall endorse its approval on a copy of the final site plan. A copy of the approved final site plan shall be filed with the Code Enforcement Officer and a copy shall be provided to the applicant.
Upon disapproval of a final site plan, the Planning Board shall so inform the Code Enforcement Officer, and the Code Enforcement Officer shall deny a building permit to the applicant. The Planning Board shall also notify the applicant in writing of its decision and its reasons for disapproval. These notifications shall comply with the time frames in Subsection A above.
§ 114-34 Reimbursable costs.
Costs incurred by the Planning Board for consultation fees or other extraordinary expenses in connection with the review of a proposed site plan or inspection of required improvements shall be charged to the applicant. Estimated review fees shall be deposited into an escrow account when making application for preliminary site pan approval. Such fees may include staff costs or consultant fees covering planning, engineering, environmental analysis, wetland delineation, legal review, and other technical services required for a proper and thorough professional review of the application. No permit shall be issued until all costs have been paid. The Town shall account for the expenditure of all such funds and shall promptly refund any unexpended funds within 20 business days of final action by the Planning Board.
§ 114-35 Surety.
No certificate of occupancy shall be issued until all improvements shown on the site plan are installed or an irrevocable letter of credit, or other form of surety deemed acceptable by the Town Board, has been posted for improvements not yet completed. The form of surety shall be approved as to form by the Town Attorney and as to amount by the Town Engineer. The member of the Planning Board designated to sign approved site plans shall not sign an approved plan until a surety, if required, has been received by the Code Enforcement Officer and approved by the Town Board.
§ 114-36 Inspection of improvements.
The Code Enforcement Officer shall be responsible for the overall inspection of site improvements. The applicant shall be responsible for advance notice for inspection coordination with officials and agencies, as appropriate. The Code Enforcement Officer may retain the services of a qualified private consultant to assist with inspection of site improvement. The fees for consultant inspection services shall be paid by the applicant in accordance with § 114-34.
§ 114-37 Integration of procedures.
Whenever the particular circumstances of a proposed development require compliance with either the special use permit procedure pursuant to Article VII of this chapter, the Planning Board shall attempt to integrate, as appropriate, site plan review as required by this article with the procedural and submission requirements for such other compliance.