Cooperstown Village
City Zoning Code
City Zoning Code
ARTICLE VIII
Site Development Plan Review
§ 300-41 Requirements; exceptions.
[Amended 11-24-2014 by L.L. No. 16-2014; 10-23-2023 by L.L. No. 7-2023]
A.
All uses that involve construction, demolition, or exterior alteration of buildings, structures, or parking areas require site development plan approval by the Village Planning Board prior to the issuance of a Village zoning permit.
B.
Exceptions:
(1)
Construction, demolition, or exterior alteration in conjunction with a single-family dwelling or construction, demolition, or exterior alteration in conjunction with an accessory structure to a single-family dwelling.
(2)
Construction, demolition, or exterior alteration in conjunction with a nonresidential principal or accessory structure for a use permitted by right and involving less than 4,000 gross square feet, where no zoning variances are required.
(3)
Construction, demolition, exterior alteration, or a change in use in conjunction with a nonresidential principal or accessory structure that requires a special use permit and involves less than 1,200 gross square feet, where no zoning variances are required.
(4)
These exceptions shall not apply if any of the following conditions exist:
(a)
The use is located within the Waterfront Development Overlay District;
(b)
The use is within 100 feet of a wetland; or
(c)
The use causes disturbance of a steep slope.
C.
No parcel of land shall be used except in conformity with an approved site development plan when such is required.
§ 300-42 Objectives.
In considering and acting upon site development plans, the Planning Board shall take into consideration the public health, safety and welfare, the comfort and convenience of the public in general and of the prospective occupants of the proposed development and of the immediate neighborhood in particular, and may prescribe such appropriate conditions and safeguards as may be required in order to further the expressed intent of this chapter and accomplish the following objectives in particular:
A.
Traffic access. All proposed traffic accesses will be adequate but not excessive in number; adequate in width, grade, alignment and visibility; not located too near street corners or other major access points; and conform to other similar safety considerations.
B.
Circulation and parking. Adequate off-street parking and loading spaces will be provided to prevent parking of vehicles on public streets. The interior circulation system will be adequate to provide safe accessibility to all required off-street parking.
C.
Landscaping and buffering. All parking and service areas will be buffered from abutting parcels zoned residential or legally used for residential purposes.
[Amended 11-24-2014 by L.L. No. 16-2014]
D.
Compatibility. Signs and lights will be compatible and in scale with building elements and will not predominate the overall visual impact of the project. Textures of buildings and paved areas will be sufficiently varied to prevent a massive or monolithic appearance, particularly areas of asphaltic paving for parking.
E.
Environment. The design, layout and operational characteristics of the proposed use will not represent significant adverse impact on the environment or result in a waste of the land and other natural resources of the Village. To the greatest possible extent, development will be in harmony with the natural environment and adequate compensatory devices will be prescribed to offset potential significant deterioration resulting from the project. Trees are recognized to provide various benefits to the environment, including the stabilization and preservation of the soil, the absorption of air pollutants, and the provision of oxygen, and further provide natural barriers to noise and habitats for wildlife while maintaining and offering an intrinsic aesthetic quality.
F.
Development. The site development plan elements, including buildings, parking, drainage, stormwater and erosion control management, circulation, signs and lighting will not adversely affect the potential of adjacent properties or the property under review from its highest and best use.
[Amended 11-24-2014 by L.L. No. 16-2014]
G.
Nearby properties. In the case of residential districts, parking, pedestrian and vehicular circulation, lighting and noise associated with the proposed plan shall not interfere with neighboring property owners' right to enjoy the residential character of their property.
[Added 4-21-2003 by L.L. No. 4-2003]
§ 300-43 Procedure.
[Amended 10-24-2022 by L.L. No. 7-2022; 10-23-2023 by L.L. No. 7-2023; 3-24-2025 by L.L. No. 5-2025]
A.
Where required, site development plan approval shall be secured from the Village Planning Board before the grant of a Village zoning permit or certificate of zoning compliance.
B.
An application for site development plan review shall be made on forms prescribed by the Village Planning Board accompanied by the information specified in § 300-43C and a fee in accordance with the Standard Schedule of Fees of the Village of Cooperstown.[1] Such application shall be submitted to the Village Planning Board at least two weeks prior to the Village Planning Board meeting at which review is sought unless the two-week requirement is waived by the Village Planning Board. An application shall not be deemed to be received within the meaning of New York Village Law 7-725a, Subdivision 8, for the purposes of final site plan review, until the Planning Board determines that it is complete and a Certificate of Appropriateness has been issued by the Historic Preservation and Architectural Review Board.
(1)
The Village Planning Board shall determine if the application is in proper form and, if so, shall cause it to be referred to such Village departments, agencies and consultants as are necessary to evaluate the proposal.
(2)
The Village Planning Board will notify the Village Board of Trustees of the need for consultants, who may include planners, engineers, attorneys or other experts and/or professionals, retained to review the applicant's plans, maps, studies, agreements, environmental assessment forms, environmental impact statements, and all other proceedings required for site development plan review. Consultants will only be used for analysis and advice on areas that are not within the expertise of the Village.
(3)
The Village Board of Trustees will specify the required amount, if any, of consultant fees that the applicant must deposit with the Village for the application to proceed. The Village will deposit the consultant fees into an escrow account established for the project for the sole purpose of paying the costs and fees of the consultant(s) that the Village retains to review the application. Choice of consultant will be at the discretion of the Village Board of Trustees.
[1]
Editor's Note: Current fees are on file in the office of the Village Clerk.
C.
Site development plan checklist.
(1)
The application for site development plan review shall be accompanied by a drawing that includes the following information:
(a)
Title of drawing, including name and address of applicant and person responsible for preparation of such drawing.
(b)
North arrow, scale, and date.
(c)
Boundaries of the property plotted to scale.
(d)
Existing buildings.
(e)
Existing watercourses.
(f)
Grading and drainage plan, showing existing and proposed contours.
(g)
Location, design, type of construction, proposed use, and exterior dimensions of all buildings.
(h)
Location, design, and type of construction of all parking and truck loading areas, showing access and egress.
(i)
Provisions for pedestrian access, sidewalks, and bike paths.
(j)
Location of any outdoor storage.
(k)
Location, design, and construction materials of all existing or proposed site improvements including drains, culverts, retaining walls and fences.
(l)
Description of the method of sewage disposal and location, design, and construction materials of such facilities.
(m)
Description of the method of securing water and location, design, and construction materials of such facilities.
(n)
Location of emergency access and fire hydrants.
(o)
Location and proposed development of all buffer areas, including existing vegetative cover.
(p)
Location and design of outdoor lighting facilities.
(q)
Location of any signage.
(r)
General landscaping plan and planting list.
(s)
Location of all proposed tree and brush removal.
(t)
Other elements integral to the proposed development as the Planning Board may consider necessary to be included.
(2)
The applicant shall also submit the following information:
(a)
An estimated project construction schedule.
(b)
Identification of any federal, state and county permits required for the project's execution, with the status of applications and approval of all those permits.
(c)
Documentation required to allow the Planning Board to comply with the State Environmental Quality Review Act.[2]
[2]
Editor's Note: See Environmental Conservation Law § 8-0101 et seq.
(3)
The Planning Board can waive the inclusion of any of the items required to be included in an application for site development plan review, other than the fee in accordance with the Standard Schedule of Fees, that it deems unnecessary in a particular application.
§ 300-44 Preliminary review and concept approval.
[Amended 10-24-2022 by L.L. No. 7-2022]
A.
Prior to filing a final site development plan, the Planning Board shall review the application for preliminary site development plan concept approval. The applicant shall submit all application materials provided for in § 300-43C in as much detail as possible to enable the Planning Board to come to a preliminary conclusion as to the merits of the proposal. If the applicant seeks modifications from the requirements of this chapter, their nature and degree must be specified. The application shall be made and processed in the manner specified in § 300-43B.
B.
The Planning Board will review the proposed plan and may grant concept approval with such conditions as are necessary to ensure conformity of said plans with the general and specific criteria set forth in this chapter and other applicable laws, rules, and regulations of the Village of Cooperstown. If the Planning Board grants concept approval, with or without conditions, it shall authorize the applicant to file a final site development plan. The Planning Board shall also schedule a public hearing for consideration of the final site development plan. The notice of public hearing shall not be made before the applicant files the final site development plan.
§ 300-45 Final review and approval.
A.
The Planning Board shall not consider the final site development plan until the requirements of the State Environmental Quality Review Act[1] have been complied with. If the site development plan application has been granted a special use permit by the Village Board of Trustees or Board of Appeals, the Planning Board shall ensure conformity with any special use permit requirements.
[Amended 10-24-2022 by L.L. No. 7-2022]
[1]
Editor's Note: See Environmental Conservation Law § 8-0101 et seq.
B.
The final site development plan and all supporting materials shall be subject to review and consultation in the same manner as the preliminary site development plan. The Planning Board shall make a determination on the application within 62 days of the close of the public hearing. In the event no determination is made within 62 days, and the applicant has not waived the time requirements, the application shall be deemed approved. The Board shall include such conditions of approval as were required and in addition:
(1)
The Planning Board shall require that on- or off-site improvements be installed, including but not limited to on- or off-site drainage systems to ensure that all drainage, storm runoff and subsurface waters are carried into approved watercourses and drainage systems. The Planning Board shall further require that all such off-site improvements and/or drainage systems be installed on property granted to the Village by fee, easement or otherwise, as determined by the Planning Board.
(2)
The Planning Board shall require appropriate safeguards to prevent the pollution of surface water or groundwater and the erosion of soil both during and after construction consistent with other regulatory authorities.
[Added 11-24-2014 by L.L. No. 16-2014]
(3)
The Planning Board may grant, with or without conditions, a modification or a waiver to the restrictions set forth in Code § 300-31C.
[Added 11-23-2015 by L.L. No. 13-2015[2]; amended 2-22-2016 by L.L. No. 2-2016]
[2]
Editor's Note: This local law also redesignated former Subsection B(3) and (4) as Subsection B(4) and (5), respectively.
(4)
No certificate of zoning compliance shall be issued for the site until all the improvements shown on the site development plan, including off-site requirements required by the site development plan, have been duly installed and all easements and property interests granted or dedicated to the Village.
(5)
The site shall be developed in strict conformity to the approved site development plan except as provided for below. When the approval of a field change (see definition of "field change"[3]) is requested of the Codes Official, such request shall be submitted to the appropriate inspecting agency in writing. No field change shall be valid unless a copy of the requested change is filed with the Planning Board, with the approval of the appropriate agency noted thereon or appended thereto, within five days of such approval. Such field change shall be reviewed with the Planning Board before being approved and shall not be granted if a majority plus one of the membership of the Planning Board disapproves of such field change.
[3]
Editor's Note: See § 300-84.
§ 300-46 Signing of plan; referral to Codes Official.
Upon submission of the final site development plan with modifications required by the Planning Board in its final approval, and upon satisfaction of any conditions imposed by such approval, the Chairman of the Planning Board shall sign the approved site development plan and file one copy with the Codes Official, who may thereafter issue a building permit.
§ 300-47 Amendment of approved site development plan.
An application for an amendment of any approved site development plan for a site which has received prior final site development plan approval shall be processed in accordance with the preceding provisions. However, only those site development plan elements proposed to be modified or changed need be presented, except where such modifications or changes have a material and substantial impact on the balance of the site development plan and functioning of the site. The applicant's licensed design professional shall submit a letter, and a drawing when necessary, indicating the scope of the proposed change no later than 21 days before a Planning Board meeting for a determination by the Planning Board as to whether the proposed amendment shall require a public hearing. Fees for an amended site development plan approval shall be in accordance with the Standard Schedule of Fees of the Village of Cooperstown.[1]
[1]
Editor's Note: Current fees are on file in the office of the Village Clerk.
§ 300-48 Site maintenance.
It shall be the duty of every property owner to maintain his property in conformity with the approved site development plan. Failure to do so shall constitute a violation of this chapter.