Corning City Zoning Code
ARTICLE XI
Site Plan Approval Procedures
§ 240-83 Intent.
The intent of site plan approval is to determine compliance with the objectives of this article and with regard to those uses as specified in § 240-43, Compliance with use regulations; Use Regulation Table, that may be permitted in the City of Corning. The objective is to evaluate various land uses that may cause a conflict between existing and proposed uses or be in conflict with natural site conditions and thereby minimize the adverse effects concerning health, safety and overall welfare of the residents of the community. The Planning Commission, at its discretion, may waive the concept and final application procedures and so state the reasons for this action.
§ 240-84 Authorization.
A.
The power to approve, approve with modification or deny site plans for uses as required by this section is vested in the Planning Commission. Section 30-A of the General City Law[1] provides the legislative means for the City Council to authorize the Planning Commission to review and approve site plans. Prior to issuing a building permit for the construction or expansion of any use as specified in § 240-43, Compliance with use regulations; Use Regulation Table, a site plan and supporting documentation shall be submitted to the Planning Commission for its review and approval. The Planning Commission may require that the site plans and/or supporting documents be prepared by a licensed design professional and shall bear the seal and signature of such licensed design professional. Such requirement shall be based on the complexity of the site features and of the proposed structure(s) or land use as related to same.
B.
Officials and consultants.
(1)
The Planning Commission may consult with the Code Enforcement Officer, Department of Public Works, Fire Chief and Police Chief, and other local and county officials, in addition to representatives of federal and state agencies, including but not limited to the Soil Conservation Service, the State Department of Transportation and the State Department of Environmental Conservation.
(2)
The Planning Commission may request the City Manager to procure consulting services to clarify for the Commission questions regarding engineering, traffic, design issues or other issues for which the Commission needs professional expertise. The Commission may request such consultants either for general informational purposes or for clarification of specific requests or applications made to the Commission. If the employment is for a specific request or application, the person(s) or firm(s) raising the request for information or making application to the Commission shall be responsible for all costs associated with the consultant.
(3)
The City Manager shall have the authority to appropriate funds to cover expenditures for consulting services for the Planning Commission to be reimbursed by the applicant.
§ 240-85 Concept plan conference.
A.
The concept plan submittal is optional. The purpose of the concept plan is to encourage the person applying for a use to consult early and informally with the Planning Commission in order to save time and money and to make the most of opportunities for desirable development.
B.
Concept plan requirements.
(1)
A concept plan, if prepared, shall be submitted to the Planning Commission. Before preparing a concept layout, the applicant may discuss with the Planning Commission, Code Enforcement Officer or the City Planning Consultant the general requirements as to design of streets, reservations of land, drainage, sewerage, water supply, fire protection and other improvements, as well as procedural matters.
(2)
The Planning Commission shall provide written comments on the concept plan of a proposed development in relation to the applicable requirements of this section, existing or potential development of the adjacent area, the City development plan and, in the course of its review, may consult with other interested public agencies.
(3)
The concept plan shall include in as much detail as possible the following information:
(a)
An area map showing:
[1]
Applicant's entire holdings, that portion of the applicant's property under consideration for development and any adjacent parcels owned by the applicant.
[2]
All properties, their ownership and uses, subdivisions, streets, zoning districts, easements and adjacent buildings within 500 feet of the applicant's property.
(b)
A site development map showing:
(c)
A map of site topography, if appropriate.
(d)
A soils overlay, if general site grades exceed 15% or portions of the site have susceptibility to erosion, flooding or ponding.
§ 240-86 Preliminary site plan application.
A.
Application for preliminary site plan approval shall be made in writing to the Code Enforcement Officer no less than 15 days prior to a scheduled Planning Commission meeting. The Code Enforcement Officer shall refer all preliminary site plan applications to the Planning Commission for its review and approval. For the purposes of this section, the submission date shall be the date of the first regular Planning Commission meeting following submission to the Code Enforcement Officer.
B.
Upon receipt of an application by the Planning Commission, the applicant shall cause the property for which the application is filed to be posted with a notice indicating that an application has been made, the date of the first appearance before the Planning Commission and that interested persons may obtain more detailed information from the Code Enforcement Office. The notice shall meet the following standards:
(1)
The notice shall be placed on weatherproof signs that have been provided by the Code Enforcement Office and placed on the property that is the subject of the application.
(2)
All such notice shall be posted no later than two days after the date the application is filed to ensure that notice is posted early in the review process.
(3)
The signs shall be placed along each abutting street, alley and right-of-way, perpendicular to the direction of travel, in a manner that makes them clearly visible to neighboring residents and passersby. At least one sign shall be posted on each street frontage.
(4)
The signs shall remain in place during the period leading up to a decision by the Planning Commission, but not less than 10 days.
(5)
On or before the date that the Planning Commission is scheduled to make a decision on the application, the applicant shall certify in writing that required notice was posted according to the requirements of this section.
§ 240-87 Preliminary site plan requirements.
The preliminary site plan application shall include the information listed below. The Planning Commission may at its discretion waive any preliminary requirements which are clearly not relevant to the proposed use and site.
A.
An area map showing that portion of the applicant's property under consideration for development, any adjacent parcels owned by the applicant, and all properties, their ownership, uses thereon, subdivisions, streets, zoning districts, easements and adjacent buildings within 500 feet of the applicant's property.
B.
A preliminary site plan shall include the following information:
(1)
Title of drawing, including name and address of applicant.
(2)
North point, scale and date.
(3)
Boundaries of the project plotted to scale of not more than 100 feet to one inch on a survey map prepared by a New York State licensed surveyor.
(4)
Existing natural features, such as watercourses, water bodies, wetlands, wooded areas and individual large trees [30 inches diameter at breast height (DBH)]. Features to be retained should be noted.
(5)
Existing and proposed contours at intervals of not more than five feet of elevation.
(6)
Location of proposed land uses and their areas in acres and location, proposed use and height of all buildings.
(7)
Location of all existing or proposed site improvements, including streets, drains, culverts, retaining walls, fences and easements, whether public or private.
(8)
Description of sewage and water systems and location of such facilities.
(9)
Location and proposed development of buffer areas and other landscaping.
(10)
Delineation of the various residential areas, if applicable, indicating for each such area its general extent, description and composition of dwelling unit type and a calculation of the residential density in dwelling units per square footage for each such area.
(11)
Location of all parking and truck-loading areas with access and egress drives thereto.
(12)
Location, design and size of all signs and lighting facilities.
(13)
The approximate locations and dimensions of areas proposed for neighborhood parks or playgrounds, or other permanent open space.
(14)
Building orientation and site design for energy efficiency.
(15)
Location and design of all energy distribution facilities, including electrical, gas and solar energy.
(16)
Grading and erosion plan. Description and location of control measures, including proposed location of sediment sink/settling pond and interceptor swales, etc.
(17)
Location and design for stormwater management facilities.
(18)
Drainage report, including supporting design data and copies of computations used as a basis for the design capacities and performance of drainage facilities.
(19)
The lines and dimensions of all property which is offered, or to be offered, for dedication for public use, with the purpose indicated thereon, and of all property that is proposed to be reserved by deed covenant for the common use of the property owners of the development.
C.
The Planning Commission may require such additional information that appears necessary for a complete assessment of the project.
D.
Review by Planning Commission. The Planning Commission review of the preliminary site plan shall include but is not limited to the following considerations:
(1)
Adequacy and arrangement of vehicular traffic access and circulation.
(2)
Location, arrangement, appearance and sufficiency of off-street parking and loading.
(3)
Location, arrangement, size and design of buildings, lighting and signs.
(4)
Relationship of the various uses to one another and their scale.
(5)
Adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or noise-deterring buffer between adjacent uses and adjoining lands.
(6)
Adequacy of stormwater and sanitary waste disposal.
(7)
Adequacy of structures, roadways and landscaping in areas susceptible to flooding and ponding and/or erosion.
(8)
Compatibility of development with natural features of the site and with surrounding land uses.
(9)
Adequacy of floodproofing and prevention measures consistent with flood damage prevention district regulations.
(10)
Adequacy of building orientation and site design for energy efficiency. The extent of which the proposed plan conserves energy use and energy resources in the community, including the protection of adequate sunlight for use by solar energy systems.
(11)
Adequacy of open space for play areas, informal recreation and the retention of natural areas, such as wildlife habitats, wetlands and wooded areas.
(12)
Adequacy of pedestrian access, circulation, convenience and safety.
§ 240-88 Public hearing.
Upon the Planning Commission's findings that the preliminary site plan application is complete and satisfactory, a public hearing shall be scheduled within 45 days from the time of such findings. For the purpose of this chapter, the submission date shall be taken as the date of the first regular Planning Commission meeting following submission of the preliminary site plan to the Code Enforcement Officer. The hearing shall be advertised at least five days prior to the scheduled date in a newspaper of general circulation in the City.
§ 240-89 Notification of decision on preliminary site plan.
Within 45 days of the public hearing at which a preliminary site plan is considered, the Planning Commission shall act upon it. The Planning Commission's action shall be in the form of a written statement to the applicant stating whether or not the preliminary site plan is approved, conditionally approved or disapproved. A copy of the appropriate minutes of the Planning Commission's statement may include recommendations as to desirable revisions to be incorporated in the final site plan application. If the preliminary layout is disapproved, the Planning Commission's statement will contain the reasons for such findings. In such a case the Planning Commission may recommend further study of the proposal and resubmission of the preliminary site plan.
§ 240-90 Final site plan application.
A.
After receiving approval, with or without conditions, from the Planning Commission on a preliminary site plan and approval for all necessary permits and curb cuts from state and county officials, the applicant may prepare a final site plan and submit it to the Planning Commission for its review and approval. However, if more than six months have elapsed between the time of the Planning Commission's report on the preliminary site plan and if the Planning Commission finds that conditions have changed significantly in the interim, the Planning Commission may require a resubmission of the preliminary site plan for further review and possible revisions prior to accepting the proposed final site plan for review. The final site plan shall conform to the approved preliminary site plan and shall incorporate any revisions or other features that may have been recommended by the Planning Commission at the preliminary review. All compliances shall be clearly indicated by the applicant.
§ 240-91 Notification of decision on final site plan.
Within 45 days of the submission of the final site plan, the Planning Commission shall render a decision.
A.
Upon approval, the Planning Commission shall endorse its approval on a copy of the final site plan and shall forward it to the Code Enforcement Officer, who shall then issue a building permit if the project conforms to all other applicable requirements.
B.
Upon disapproval, the Planning Commission shall so inform the Code Enforcement Officer, and he/she shall deny a building permit. The Planning Commission shall also notify the applicant in writing of its decision and its reasons for disapproval. A copy of the appropriate minutes may suffice for this notice.
C.
Specifications for improvements shown on the site plan shall be those set forth in this article and in other laws, ordinances, rules and regulations, or in construction specifications of the City of Corning.
D.
All approvals for final site plans issued by the Planning Commission shall expire 18 months from the date of the approval if 50% of the improvements for which the approval was given have not been completed. An applicant may return to the Planning Commission prior to the expiration of the original approval to request a one-year extension to that approval. The Commission may or may not grant the extension, and the Commission may require changes to the plan if circumstances warrant. If improvements are not completed within a granted one-year extension period, the approval in total shall expire. All dates shall be calculated from the date of the original site plan approval.
§ 240-92 Appeal.
The applicant or any interested person may appeal a decision of the Planning Commission. The appeal shall be made to the Supreme Court for review by a proceeding under Article 78 of the Civil Practice Law and Rules. If the applicant is denied on the basis of a dimensional aspect of the site plan that does not meet the code, he/she may seek an area variance from the Zoning Board of Appeals on that specific dimensional issue.