Cicero Town City Zoning Code
ARTICLE VII
Site Plan Approval
§ 210-27 Site plan review; application and plan requirements.
A.
All new structures, modifications, alterations or replacements of existing structures; any single-use structure that has been vacant for more than one year; or any change in the use or occupancy classification of a single-use building shall be subject to site plan review by the Town Planning Board as hereafter set forth, except that the Code Enforcement Officer shall have authority to approve site plans without referral to the Planning Board if the proposal meets all of the following conditions:
[Amended 7-24-2013 by L.L. No. 7-2013]
(1)
Where the proposal involves the expansion and/or modification of an existing structure or site which has received previous site plan approval by the Planning Board;
(2)
The proposal is in full compliance with all existing zoning regulations;
(3)
The proposal does not exceed 25% of the ground space of the existing building or structure or 10,000 square feet, whichever is less; and
(4)
There is no change to the existing traffic patterns, drainage patterns, change in the required parking or change in any pedestrian access.
B.
In all cases where site plan approval is required, the owner or his contract purchaser or lessee shall complete an application for site plan approval on the forms available therefor from the Code Enforcement Officer. No such application shall be complete unless it shall contain the following:
(1)
A site plan prepared by an architect, landscape architect, engineer or land surveyor containing the information and data as required by this chapter and the Code Enforcement Officer.
(2)
A completed environmental assessment form as required by 6 NYCRR Part 617 (SEQRA).
(3)
All necessary application fees and deposits as required by the Code Enforcement Officer.
(4)
Any other or further data or information as may be reasonably required by the Code Enforcement Officer.
C.
Site plan requirements. The site plan map or maps shall contain the following information and elements:
(1)
A survey of the property, dated within six months of submission.
(2)
Names and addresses of the owner of the site as well as all other owners within 200 feet of the site.
(3)
The zoning classification of the site and all property within 200 feet.
(4)
All existing easements and/or restrictions of record including rights-of-way.
(5)
All existing and proposed utilities, both public and/or private.
(6)
All existing and proposed buildings or structures and mature trees.
(7)
All watercourses, marshes, rock outcroppings, wooded areas, wetlands (DEC or Corps of Engineers) floodplains (based on FEMA maps) or other significant natural or man-made features.
(8)
Topographic information (spot elevations for areas of less than 2% slope and two-foot contours for slopes greater than 2%).
(9)
Proposed land use.
(10)
All driveways, parking lots, curbing, loading spaces and driving lanes including proposed on- and off-site circulation patterns.
(11)
All proposed landscaping, plantings, screening devices and exterior lighting.
(12)
All proposed signs.
(13)
Existing and proposed fire hydrants and fire suppression connections.
(14)
Detailed drainage plans showing on-site storage, floodways and proposed easements, including siltation and erosion control plans.
(15)
Proposed grading.
(16)
Construction sequence and timing of completion of all improvements.
(17)
Architectural renderings and floor plans showing pedestrian and vehicular access.
(18)
A stormwater pollution prevention plan consistent with the requirements of Chapter 179 of the Town Code of the Town of Cicero.
[Added 12-10-2007 by L.L. No. 18-2007]
(19)
Such other information or details as may be reasonably required by the Code Enforcement Officer or the Planning Board.
[Amended 12-10-2007 by L.L. No. 18-2007]
§ 210-28 Procedure.
A.
Upon receipt of a complete application, the Code Enforcement Officer shall cause said application to be placed on the next available Planning Board agenda for consideration by the Planning Board and shall refer a copy of the application to the Syracuse Onondaga County Planning Board if required by GML § 239-m, as well as the Town Engineer and the Town Highway Superintendent and such other persons or agencies as in his discretion seems advisable.
B.
The Town Planning Board shall review such plan for completeness and suitability in accordance with the provisions of this chapter. Such review shall commence with the first meeting after receipt of a complete application, and a decision to approve, approve with modifications, or disapprove such proposal shall be made no later than 62 days from the first Planning Board meeting at which a complete application is received.
C.
In the event that the Planning Board review determines that an area variance is required by the proposal, the matter shall be referred to the Town Zoning Board of Appeals and the sixty-two-day decision time shall be stayed during the time of such referral.
D.
The time for decision set forth above may be extended by mutual consent of the Planning Board and the applicant.
E.
Expiration of site plan; extension. Approved site plans shall expire unless building permits have been issued for the project, or for projects not requiring a building permit, construction has substantially commenced on site, within one year of the date of approval by the Planning Board; provided, however, that clearing, grading and/or excavation shall not be deemed to be substantial construction within the meaning of this section. Additional construction shall be completed not more than three years from the date of approval of the site plan. Time requirements may be extended for a period of one year by a majority of the Town Planning Board through resubmittal of final plans for check against current Code requirements and/or written justification for the requested extension. No fees will be levied for such a compliance check and extension. Changes to the plans originally approved for purposes other than Code requirements shall require an application for revisions pursuant to this chapter. Upon expiration of the building permit, a new site plan approval must be obtained. In any event, such site plan shall expire upon the rezoning of the site following approval of the site plan unless the proposed use is a permitted use in the subsequent zone. Any currently approved site plan that has not had a building permit issued shall be required to obtain such building permit within one year from the date of adoption of this section or such approval shall expire.
[Added 7-24-2013 by L.L. No. 7-2013; amended2-24-2021 by L.L. No. 2-2021 ]
§ 210-29 Review criteria.
A.
The Planning Board shall review each application for site plan approval in order to determine to the extent practicable that all elements of the site design and layout serve to promote the following goals and objectives:
(1)
Compatibility of the proposed use with neighboring uses.
(2)
Safe and appropriate movement of vehicles and pedestrians on and off site.
(3)
Adequacy of fire safety and suppression systems.
(4)
Suitability of landscaping, buffering, lighting and hours of operation.
(5)
Adequacy of proposed drainage systems.
(6)
Suitability of proposed signage.
(7)
Appropriateness of architectural design and treatment considering neighboring structures.
(8)
Compliance with Chapter 179 of the Town Code of the Town of Cicero.
[Added 12-10-2007 by L.L. No. 18-2007]
B.
The Planning Board, when rendering a decision on a proposed site plan, may approve, approve with modifications, or disapprove such proposal. In addition, the Planning Board shall have the right to impose on any such approval or approval with modification any conditions or restrictions as in the opinion of the Planning Board are both reasonable and directly related to or incidental to the proposed site plan or use. A site plan may only be approved if it complies with Chapter 179 of the Town Code of the Town of Cicero.
[Amended 5-11-2009 by L.L. No. 8-2009]