Deposit Village City Zoning Code
ARTICLE IV
Site Plan Approval
§ 140-9 Issuance of approval; exemptions.
[Amended 2-8-2011 by L.L. No. 2-2011]
A.
Uses requiring approval. All new developed land use activities within the Village shall require site plan review and approval before being undertaken, except those specifically exempted below.
B.
Exempted uses. The following land use activities are exempted from the requirements of this article, except as specifically required in the respective zoning districts in which such activities are located:
(1)
Agricultural buildings and uses.
(2)
Construction of single-family detached and semidetached residences, two-family detached and semidetached residences, and individual mobile homes, and accessory structures and related activities.
(3)
Ordinary repair and/or maintenance of existing structures or uses.
(4)
Landscaping or grading for residential uses.
(5)
Interior alterations that do not substantially change the nature or use of a structure.
(6)
Exterior alterations or additions to existing residential structures which do not substantially change its nature or use.
C.
Enforcement. Violations of any site plan approval or any condition of a site plan approval shall be subject to the penalties as described in § 140-69 of this chapter, as well as any other remedies available to compel compliance.
§ 140-10 Site plan review.
The Planning Board is authorized by the Village Board to conduct site plan review as set forth in this article. The Planning Board shall have the authority to approve, approve with conditions or disapprove the site development plan for all buildings or uses where site plan review is required.
§ 140-11 Procedures.
The contents of the site development plan shall be reviewed by the administrative officer prior to submission to the Planning Board. As part of the review, the administrative officer shall certify that the site development plan meets all the minimum requirements of this Chapter 140, Zoning, and contains all the information required for site plan review. The administrative officer shall then transmit only those site development plans meeting the minimum requirements of this Chapter 140, Zoning, and the information required for site plan review to the Planning Board and such agencies as the Planning Board deems appropriate for their review, report and recommendation. If appropriate, the administrative officer shall submit the site development plan to the Broome County/Delaware County Planning Department for a recommendation.
§ 140-12 Required information.
The developer shall submit three copies of the site development plan to the administrative officer. The site development plan shall be drawn to the appropriate scale(s) and shall indicate the following:
A.
Dimensions and orientation of the lot or tract.
B.
Location of buildings, structures and uses, both existing and proposed, with dimensions of all setbacks and yards as required by the zoning district.
C.
Location, layout and dimensions of off-street parking, loading and stacking facilities; maneuvering areas; access points for motor vehicles and pedestrians; and then internal circulation pattern.
D.
Location and dimension of walls and fences, as well as an indication of their height and materials of construction.
E.
Location of exterior lighting and location and dimension of exterior signs, including ground, wall and roof signs.
F.
Location of required landscaping, including types and sizes of planting materials.
G.
Grading and slope where they will affect the relationship of buildings and drainage.
H.
A storm drainage plan for handling surface water and erosion control.
I.
A plan showing proposed utilities and, if required, easements. If a private sewerage system is used, plans for the system shall bear the stamped approval of the Broome County/Delaware County Department of Health as appropriate.
J.
Indications of the dimensions, height and square footage of buildings, structures and uses, both existing and proposed.
K.
Indication of the proposed use of buildings as shown on the site.
L.
Projected number of seating or employees, if needed to determine the number of parking spaces.
M.
Elevations of all buildings.
N.
Any other architectural or engineering data as may be required to permit necessary findings that the provision of this article are being compiled with.
O.
Where any attachment or minor addition to an existing building or use is proposed the site plan shall indicate the relationship of the proposal to the existing development.
§ 140-13 Objectives.
In considering and acting upon site development plans, the Planning Board shall take into consideration the public health, safety and general welfare and 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 objectives of the Future Land Use Plan, the expressed intent of this chapter and to accomplish the following:
A.
Traffic access. All proposed driveways are to be adequate in terms of width, grade, alignment and visibility.
B.
Circulation and parking. Adequate off-street parking, loading and stacking spaces are to be provided to prevent congestion on public streets. The interior circulation system is to be adequate to provide safe accessibility to all required off-street parking, loading and stacking spaces.
C.
Landscaping and screening. All parking and service areas are reasonably screened at all seasons of the year from the view of adjacent residential lots and streets.
D.
Compatibility. The proposed building and use shall complement and be sensitive to the surrounding historic architecture, as appropriate. Signs and lighting shall be compatible and in scale with buildings and shall not impact on adjoining lots. Buildings and paved areas shall be sufficiently varied to prevent a massive appearance.
E.
Environment. The design, layout and operational characteristics of the proposed use do not represent a negative impact on the environment, result in a waste of land or other natural resources of the Village.
F.
Development. The site development plan elements, including buildings, parking, drainage, circulation, signs and fighting will not adversely affect the potential for development, at its highest and best use, of adjacent properties nor the property under review.
§ 140-14 Planning Board decision.
A.
Upon receipt of a complete site development plan by the Planning Board, the Planning Board shall approve, approve with conditions or disapprove the site development plan.
B.
The Planning Board's action shall be in the form of a written report of approval, approval with conditions or disapproval of the site development plan. In approving the site development plan, the Planning Board may impose conditions limiting the use and occupancy of the land or proposed buildings consistent with the purpose of this chapter and other applicable laws. If the Planning Board disapproves a site development plan, it shall state its reasons.
C.
The decision of the Planning Board shall be final. A certificate of occupancy shall not be issued until all features of the site development plan have been met.
D.
If construction of the approved site development plan has not begun within six months from the time of site development plan approval, the approval shall be deemed revoked. Extensions of this time period may be granted by the Planning Board.
§ 140-15 Revisions to approved plan.
Revisions made by the applicant to an approved site development plan shall be made pursuant to procedures set forth for new construction. Where required site plan approval has been granted, it shall be unlawful for any person to cause or permit the proposed construction, alteration, improvements or use in any manner except in complete and strict compliance with the approved site development plan.