Elmira Town City Zoning Code
ARTICLE VIII
Site Plan Approval Procedures
§ 217-45 Intent.
The intent of site plan approval is to determine compliance with the objectives of this chapter and with regard to those uses as specified in § 217-20, Use Regulation Table, that may be permitted in the Town of Elmira. 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 the health, safety, and overall welfare of the residents of the community. The Planning Board, at its discretion, may waive the concept and final application procedures and so state the reasons for this action.
§ 217-46 Review and approval authority.
The power to approve, approve with modifications and/or conditions, or deny site plans for uses as required by this article is vested in the Planning Board pursuant to § 274-a of the Town Law. Prior to a change in use as indicated by the separate line items as specified in § 217-20, Use Regulation Table, for the construction, initiation, or expansion of any use specified as requiring a site plan or special permit per § 217-20, Use Regulation Table, a site plan and supporting documentation shall be submitted to the Planning Board for its review and approval. In its review of any site plan, the Planning Board shall be guided by the criteria set forth in this article and the standards and guidelines set forth in Article IX of this chapter. The Planning Board may require that the site plans be prepared by a licensed architect or engineer. 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.
§ 217-47 Application for area variance.
Notwithstanding any provision of law to the contrary, where a proposed site plan contains one or more features which do not comply with these zoning regulations, application may be made to the Zoning Board of Appeals for an area variance pursuant to § 267-b of the Town Law.
§ 217-48 Conditions on approval.
The Planning Board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the site plan. Upon its approval of the site plan, any such conditions must be met in connection with the issuance of permits by the Code Enforcement Officer.
§ 217-49 Waiver of requirements. [1]
The Planning Board is authorized to waive any requirements of this article, including a public hearing, in the event any such requirement is found not to be necessary in the interest of health, safety and general welfare.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
§ 217-50 Concept plan submittal and conference.
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 Board in order to save time and money and to make the most of opportunities for desirable development.
A.
Submittal. If prepared, 11 copies of the concept plan shall be submitted to the Planning Board or other designee as prescribed in the procedures of the Planning Board.
B.
Action on concept plan. The Planning Board or the appropriate designee shall provide written advisory comments to the applicant on the concept plan of a proposed development in relation to the applicable requirements of this article, existing and/or potential development of the adjacent area, the Town Comprehensive Plan, Article IX, Development Guidelines and Supplementary Regulations, and other applicable sections of this chapter, and in the course of its review may consult with any appropriate consulted agencies.
C.
Submittal requirements. The concept plan comprises the following data, which shall be clearly labeled on each sheet with the name of the proposed development, name of the applicant, and tax parcel numbers. The applicant shall submit an area map showing:
(1)
Applicant's entire parcel, including the following:
(a)
That portion of the parcel proposed for development.
(b)
Any other portion of the applicant's parcels.
(2)
All of the following data within 500 feet of the applicant's parcel that includes a portion proposed for development:
(a)
Parcels and their ownership.
(b)
Uses.
(c)
Zoning districts.
(d)
Roads.
(e)
Subdivisions.
(f)
Easements.
(g)
Structures.
(h)
All existing natural features such as water bodies, watercourses, wetlands, wooded areas, flood hazard areas and individual large trees.
(i)
School district boundaries.
(j)
Copy of a map of site topography as a scale of not less than one inch to 2,000 feet of the entire area of the area map and showing the location of the applicant's parcel as well as that portion thereof proposed for development.
(k)
All soil classifications.
(3)
A scaled site development map showing all proposed structures and public and private improvements.
(4)
Additional data.
(a)
Name/Address of applicant and/or site owner if different.
(b)
Concise description of the nature of the applicant's business.
(c)
Concise written description of the proposed development, including:
[1]
Purpose.
[2]
Magnitude.
[3]
General types of proposed uses.
[4]
General projected development time frame.
(d)
Notation of the acreage of the proposed parcel and of that portion proposed for development.
(e)
Square footage of each proposed man-made feature.
§ 217-51 Preliminary site plan application.
Application for preliminary site plan approval shall be filed with the Code Enforcement Officer in a form prescribed by the procedures of the Planning Board, with no fewer than 11 copies, no less than 15 days prior to a scheduled Planning Board meeting. The Code Enforcement Officer shall refer all preliminary site plan applications to the Planning Board for its review and approval. For the purposes of this section, the submission date shall be the date of the first regular Planning Board meeting following submission to the Code Enforcement Officer.
§ 217-52 Preliminary site plan requirements.
The preliminary site plan application shall include the information listed below. The Planning Board may waive, at its discretion, 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. 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, including the description and location of control measures and 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 Board may require such additional information as appears necessary for a complete assessment of the project.
D.
The Planning Board may, in its review of the preliminary site plan, confer with any of the consulted agencies.
E.
The Planning Board's review of the preliminary site plan shall include, but is not limited to, the following considerations:
(1)
Adequacy and arrangement of vehicular and pedestrian traffic access and interior 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 to 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.
F.
The Planning Board may impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed site plan.
§ 217-53 Public hearing.
Upon the Planning Board's certification that the preliminary site plan application is complete and satisfactory, a public hearing shall be scheduled within 62 days from the time of such certification. For the purpose of this article, the submission date shall be taken as the date of the first regular Planning Board 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 Town. The Planning Board shall also require that the applicant provide written notification to all property owners within a two-hundred-foot radius of the site at least five days prior to the scheduled hearing date. The applicant shall provide adequate documentation of this notification to the Planning Board prior to the opening of the public hearing.
§ 217-54 Notification of decision on preliminary site plan.
Within 62 days of the public hearing at which a preliminary site plan is considered, the Planning Board shall act upon it. The Planning Board's action shall be in the form of a written statement to the applicant stating whether or not the preliminary site plan is approved, approved with conditions, or disapproved. A copy of the appropriate minutes of the Planning Board'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 Board's statement will contain the reasons for such findings. In such a case, the Planning Board may recommend further study of the proposal and resubmission of the preliminary site plan.
§ 217-55 Final site plan submittal.
After receiving approval, with or without conditions, from the Planning Board 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 Board for its review and approval. However, if more than six months have elapsed between the time of the Planning Board's report on the preliminary site plan and if the Planning Board finds that conditions have changed significantly in the interim, the Planning Board may require 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 Board at the preliminary review. All compliances shall be clearly indicated by the applicant.
§ 217-56 Notification of decision on final site plan.
Within 62 days of the submission of the final site plan, the Planning Board shall render a decision.
A.
Upon approval, the Planning Board 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 Board shall so inform the Code Enforcement Officer and he shall deny a building permit. The Planning Board 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 chapter and in other laws, ordinances, rules and regulations, or in construction specifications of the Town of Elmira.
§ 217-57 Appeals.
The applicant or any interested person may appeal a decision of the Planning Board. The appeal shall be made to the Supreme Court for review by a proceeding under Article 78 of the Civil Practice Law and Rules within 30 days of the decision.
§ 217-58 Stormwater pollution prevention plan.
[Added 12-28-2007 by L.L. No. 5-2007[1]]
A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter 187, Stormwater Management, Article III, and Article X of this chapter, Stormwater Management and Erosion and Sediment Control, the Stormwater Management and Erosion and Sediment Control Law of the Town of Elmira, shall be required for site plan approval, unless exempt pursuant to § 187-34. The SWPPP shall meet performance and design criteria and standards set forth in the Stormwater Management and Erosion and Sediment Control Law of the Town of Elmira. The approved site plan shall be consistent with the provisions of the Stormwater Management and Erosion and Sediment Control Law of the Town of Elmira.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).