Cayuga Heights Village
City Zoning Code
City Zoning Code
ARTICLE XVII
Site Plan Review
§ 305-115 Purpose.
The purpose of this article is to provide for the review of site plans for certain land uses in the Village of Cayuga Heights for the purpose of preserving and enhancing neighborhood character, achieving compatibility with adjacent development and uses, mitigating potentially negative impacts on traffic, parking, and stormwater management, improving the design, function, aesthetics, and safety of development projects, and promoting environmental sustainability in new development, redevelopment, and long-term planning.
§ 305-116 Applicability.
A.
Site plan review is required for the following:
(1)
In the Multiple Housing Zone or the Commercial Zone, the proposed use and development of any undeveloped land for any purpose, or any use increasing the intensity of use and/or requiring exterior site construction on the premises;
(2)
In the Residence Zone, a proposed change in an existing permitted use increasing the intensity of use and/or requiring exterior site construction on the premises;
(3)
[1]Any use in a Planned Development Zone.
[1]
Editor’s Note: Former Subsection A(3), which referred to Article XVIII, Subdivisions, was repealed 1-17-2024 by L.L. No. 1-2024. This local law also renumbered former Subsections A(4) as Subsection A(3), respectively.
B.
Site plan review is not required for the following:
(1)
Existing uses and developments which in their present configuration and use are legally permitted as of the date of adoption of this article;
(2)
Exterior modifications to existing one-family and two-family dwellings, including additions, porches, facade changes, landscaping, and site improvements.
§ 305-117 Planning Board authorization to review site plans.
A.
The Planning Board of the Village of Cayuga Heights is authorized to review site plans according to the procedures described in § 305-118 below and to approve, approve with conditions, or disapprove site plans.
B.
Factors to be considered by the Planning Board in site plan review shall include, but shall not be limited to, the following:
(1)
Location and site of the use;
(2)
Nature and intensity of the use;
(3)
Size and topography of the site;
(4)
Location of the site in respect to road access;
(5)
Provisions for parking;
(6)
Relationship of improvements and lot size to the parking area;
(7)
Traffic and noise generated by the proposed use;
(8)
Landscaping;
(9)
Architectural features;
(10)
Location and dimension of the improvements;
(11)
Impact of the proposed use on adjacent land uses;
(12)
Impact of the proposed use on the environment;
(13)
Impact of the proposed use on infrastructure and existing Village services, including sewer, water, stormwater management, solid waste disposal, fire protection, police protection, and road maintenance;
(14)
Provisions made for reducing energy use or incorporating renewable energy systems into project design;
(15)
Effect on population density, if any;
(16)
Any other factors reasonably related to the health, safety, and general welfare of Village residents and consistent with the Village's current Comprehensive Plan.
§ 305-118 Site plan review procedures.
A.
Prior to the filing of an application for site plan review, the applicant for a proposed project requiring site plan review shall have a preapplication discussion with the Zoning Officer, at which time the applicant shall present, in sketch form, the proposed project and other features and information necessary to explain and/or supplement the sketch layout.
[Amended 6-17-2021 by L.L. No. 1-2021]
(1)
No living trees with a trunk diameter at breast height (DBH) of six inches or greater shall be removed from the area subject to site plan review prior to the Planning Board's issuance of site plan approval, unless such removal has been approved by the Planning Board after consultation with the Village Forester.
B.
Filing. Subsequent to the pre-application discussion, an applicant for site plan review shall file with the Zoning Officer a site plan conforming to the requirements of § 305-119, together with an application fee as determined by the current fee schedule approved by the Village's Board of Trustees.
C.
Within a reasonable time of receipt of an application for site plan review, the Planning Board shall schedule consideration of the application at its earliest subsequent regularly scheduled meeting.
D.
At the meeting referenced in § 305-118C, the Planning Board shall conduct a preliminary review of the application and, if the application is deemed complete and accepted by the Planning Board for further review, schedule a public hearing on the application within 62 calendar days.
E.
Public hearing. Pursuant to § 305-118D, and prior to rendering any decision on a site plan application, the Planning Board shall conduct a public hearing.
(1)
Notice of the public hearing shall be published in a newspaper of general circulation in the Village of Cayuga Heights at least 10 calendar days before such hearing. The Zoning Officer shall also notify by mail all owners of property contiguous with the property that is the subject of the site plan and all owners of properties within 200 feet of the property that is the subject of the site plan, postmarked at least 10 calendar days before the date of the hearing. Such notice shall briefly state essential facts about the proposed site plan and inform recipients of the date, time, and place of the public hearing and the place where further information about the site plan application and the review process may be obtained. The Zoning Officer shall use for the mailing address for notices to property owners the address listed for the owner in the records of the Tompkins County Department of Assessment.
[Amended 6-18-2018 by L.L. No. 4-2018]
(2)
The public hearing for site plan review may begin concurrently with any required public hearing for the purpose of environmental review of the same project in accordance with the State Environmental Quality Review Act (SEQRA) and may continue after any such environmental review public hearing is closed.
F.
Coordination and consultation. Projects requiring site plan review by the Planning Board may also be reviewed by the Village's Chief of Police and Fire Chief, and any other Village officials or consultants deemed appropriate by the Planning Board. Any comments from these persons shall be delivered, in writing, to the Planning Board to aid its decision on the application.
G.
Planning Board action.
(1)
Within 62 calendar days of the closing of the public hearing, the Planning Board shall approve, approve with conditions, or disapprove the site plan submitted for review.
(2)
If the Planning Board has approved the site plan with conditions, such conditions must be satisfied prior to issuance of a building permit or a certificate of occupancy, as the case may be, as stated in such conditions.
(3)
If the Planning Board has determined that any requirement of this Article XVII is not required to be satisfied in the interest of the public health, safety or general welfare or is inappropriate to a particular site plan, the Planning Board has authority to waive such requirement, and such waiver shall be subject to such conditions as the Planning Board determines to impose.
(4)
An approved site plan will be signed by the Planning Board Chairperson or, in the Chairperson's absence, such other person who has been authorized by the Planning Board to sign the plan. After the Planning Board has approved the site plan and it has been signed by the Chairperson (or such other authorized person), one copy of the plan must be filed by the applicant with the Village Clerk and, if required by applicable statute, with the Tompkins County Clerk.
H.
Building permit. Approval of the site plan by the Planning Board shall be a prerequisite for issuance by the Village's Code Enforcement Officer of a building permit for construction of any improvements described on the site plan.
I.
Changes to approved site plan. Proposed changes to an approved site plan must be submitted to the Zoning Officer for review to determine whether the effect of the proposed changes warrants reconsideration by the Planning Board of the site plan. The Zoning Officer shall make one of the following determinations:
(1)
That the changes are not significant and do not affect the approval of the site plan;
(2)
That the changes are significant and require the Planning Board to reconsider its site plan approval; or
(3)
That the changes are significant and require the applicant to submit a new site plan application for the Planning Board to undertake a new site plan review.
J.
Variances. Any required variance must be obtained from the Village's Zoning Board of Appeals before the Planning Board grants site plan approval. For projects that require both a variance and site plan approval, the Planning Board will act as lead agency in the environmental review for both actions. The Zoning Board of Appeals cannot grant a variance until the Planning Board has completed the environmental review.
K.
Stormwater Pollution Prevention Plans (SWPPPs). All stormwater pollution prevention plans must be approved by the Village's Stormwater Management Officer in accordance with Chapter 235, Stormwater Management, of the Village's Code before the Planning Board will grant site plan approval.
L.
Extension of deadlines. All deadlines for decisions on a site plan review may be extended upon mutual agreement between the Planning Board and the applicant.
§ 305-119 Site plan requirements.
A.
Except for subdivisions, the site plan requirements for which are addressed in § 305-125, the Zoning Officer may require the applicant to submit a site plan containing the following information:
(1)
A field survey of the boundary lines of the property, made and certified to by a licensed land surveyor, showing date, North point, map scale, the names of all adjacent streets and the name and address of the record owner;
(2)
The location of any and all buildings, streets, walkways, driveways, parking areas, trees in excess of four inches trunk diameter at breast height (DBH), and landscaping;
(3)
A general indication of existing natural features, including topography, streams, water bodies, ditches, trees and tree masses, and other significant aspects of the environment;
(4)
Architectural drawings, including exterior elevations and interior dimensions, of all existing and all proposed improvements on the site;
(5)
A written statement containing the following information:
(a)
The nature of and reason for the proposed use;
(b)
A description of how the proposed development addresses the factors set forth in § 305-117B.
(6)
Such other information as reasonably required by the Zoning Officer or the Planning Board.
B.
Additional materials. Depending upon the scope and complexity of the proposed project, the Planning Board may require the applicant to submit additional materials. The Planning Board may also require the applicant to engage the services of licensed design professionals and other experts such as architects, landscape architects, engineers, ecologists, traffic consultants or surveyors, to provide analysis, studies and reports on various aspects of the proposed project.
C.
All materials provided by the applicant for site plan review must be submitted to the Zoning Officer at least five calendar days prior to the Planning Board meeting.