Gloversville City Zoning Code
ARTICLE XVII
Site Plan Review
§ 300-74 Purpose.
The purpose of this article is to allow the proper integration into the community of those uses listed in Article IV of this chapter which have been determined to be suitable within a zoning district only on certain conditions and only at appropriate locations. Because of their characteristics or the special characteristics of the area in which they are to be located, these uses require special consideration so that they may be properly located and planned with respect to:
A.
The objectives of this chapter.
B.
Their effect on surrounding properties.
C.
The ability of the City to accommodate the growth resulting from the proposed use without undue, adverse effect on the city or its citizens and taxpayers.
D.
The protection of the health, safety and general welfare of the City and its citizens.
E.
The objectives of the City's Master Plan.[1]
[1]
The City of Gloversville's Master Plan is located in the Building Officer's Office or www.ciytofgloversville.com.
§ 300-75 Applicability.
A.
Uses requiring a site plan review are listed in Article IV of this chapter. No zoning, building, use or certificate of occupancy permit shall be issued by the Building Inspector for any use listed, nor shall any building be erected, moved, structurally altered, added to or enlarged, and no excavation for any building shall begin until a site plan review has been approved by the Planning Board in accordance with this article.
B.
Any proposed additions to an existing building or lot or any proposed changes in the use of an existing building or lot that are subject to site plan review may require a public hearing. If the Planning Board determines that a proposed application shall not require a public hearing, the fee identified in § 300-77 shall be waived. However, the applicant shall still be responsible for providing the Planning Board with a detailed drawing of his or her proposed addition or change in the use of an existing building or lot. Any project which only entails the construction of a fence shall not trigger a site plan review. However, a fence that is erected as part of a new building or an addition to an existing building, or as part of the change in the use of a building, shall be subject to a site plan review.
§ 300-76 Planning Board review authorized.
In accordance with § 30-a of the General City Law, the City Council does hereby authorize the Planning Board to review and approve, approve with modifications or disapprove site plan documents prepared to specifications set forth in this chapter and in accordance with regulations set forth by the Planning Board. Such site plan review shall be made of all development required under the terms of this article.
§ 300-77 Application; fee; contents.
A.
An application for a site plan review shall be submitted to the Planning Board Secretary or Chairman at least 10 working days in advance of a regularly scheduled Planning Board meeting. A nonreturnable fee shall be submitted with the application; see § 300-73. Said application shall be on a form provided by the Planning Board and shall contain all of the information desired by said Board to properly conduct its review. Attached to said application shall be 10 copies of the site plan documents which have been prepared by a licensed engineer or surveyor and which shall include a minimum of 10 drawings. The drawings to be provided and the information to be identified on each of the drawings is identified below.
(1)
Site plan. Requirements for site plans shall be as follows:
(a)
The title of the drawing, including the name and address of the applicant and person responsible for preparing said plan.
(b)
Unless otherwise allowed by the Planning Board, a scale of one inch equals 50 feet, with two-foot contours showing the topography of the lot and areas within 100 feet of the lot.
(c)
A north arrow, scale and date.
(d)
Boundaries of the property plotted to scale. Current zoning classification of property, including the exact zoning boundary if in more than one district.
(e)
Existing watercourses.
(f)
Locations and widths of driveways on the site and access to existing roads and highways, locations of all parking and/or truck loading areas, including access and egress.
(g)
Locations and dimensions for pedestrian access.
(h)
Locations for outdoor storage, if any.
(i)
Locations of all existing or proposed site improvements, including drains, culverts, retaining walls and fences.
(j)
Locations of all proposed signs.
(k)
The location and amount of building area proposed for retail sales of similar commercial activity.
(l)
The location, width and purpose of all existing and proposed easements, setbacks, reservations and areas dedicated to public use within the adjoining property.
(m)
The location of dumpsters and garbage collection and pickup areas with required fencing and screening.
(2)
Grading plan. Requirements for grading plans shall be as follows:
(a)
A grading plan showing existing and proposed contours.
(3)
Utilities plan. Requirements for utilities plans shall be as follows:
(a)
The location and size of water and sewer lines and appurtenances.
(b)
Locations of fire and other emergency zones, including the location of fire hydrants. Locations of all energy distribution-facilities, including electrical, gas and solar energy.
(c)
Locations of outdoor lighting facilities.
(4)
Building elevation plans. Requirements for building elevation plans shall be as follows:
(a)
Location, design, type of construction, proposed use and exterior dimensions of all buildings.
(5)
Detail plans. Requirements for detail plans shall be as follows:
(a)
The design and type of construction of all driveways, parking areas and/or truck loading areas.
(b)
The design and construction materials of all proposed site improvements, including drains, culverts, retaining walls and fences.
(c)
The design and construction materials to be used for all water and sewer lines and appurtenances.
(d)
The design of all fire hydrants.
(e)
The design and construction materials of all energy distribution facilities, including electrical, gas and solar energy.
(f)
The design and type of construction of all proposed signs. The design of outdoor lighting facilities.
(6)
Landscaping plan. Requirements for landscaping plans shall be as follows:
(a)
The location and proposed development of all buffer areas, including existing vegetative cover.
(b)
A general landscaping plan and planting schedule, which landscaping plan shall include size and type of plantings.
B.
In addition to these drawings, an applicant must submit the following information:
(1)
An estimated project construction schedule that includes start-up and completion dates and any interim dates of significance.
(2)
State Environmental Quality Review (SEQR) information and forms.
(3)
A description of all existing or proposed deed restrictions or covenants applying to the property must be submitted.
(4)
Coordination of a Knox Box (lock box) with the Fire Department, if applicable.
C.
The Planning Board may waive any of the preceding submittal requirements if circumstances are warranted. If the applicant fails to submit sufficient information to the Planning Board, said application will be deemed incomplete and returned to the applicant. Once an application is determined to be complete, the Planning Board shall set a date for a public hearing. The Planning Board shall not take final action on any site plan proposal until all SEQR requirements have been addressed in accordance with 6 NYCRR Part 617.
§ 300-78 Review of site plan documents.
The Planning Board's review of the site plan documents shall include, as appropriate, but is not limited to, the following general considerations:
A.
The location, arrangement, size, design, and general site compatibility of buildings, lighting, and signs.
B.
The adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers, and traffic controls.
C.
The adequacy and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular traffic, and overall pedestrian convenience.
D.
The location, arrangement, appearance, and sufficiency of off-street parking and loading.
E.
The adequacy of stormwater and drainage facilities.
F.
The adequacy of water supply and sewage disposal facilities.
G.
The adequacy, type, and arrangement of trees, shrubs, and other landscaping constituting a visual and/or noise buffer between the applicant's and adjoining lands, including the maximum retention of existing vegetation.
H.
In the case of an apartment complex, townhouses, condominiums, cooperatives or other multiple dwellings, the adequacy of usable open space for recreation.
I.
The protection of adjacent or neighboring properties against noise, glare, unsightliness or other objectionable features.
J.
The adequacy of fire lanes and other emergency zones and the provision of fire hydrants.
K.
Special attention to the adequacy and impact of structures, roadways and landscaping in areas with susceptibility to ponding, flooding and/or erosion.
L.
The adequacy of setbacks in regard to achieving maximum compatibility and protection to adjacent properties and residential districts.
M.
The structure or structures, to be aesthetically compatible with existing and planned uses of adjacent properties and districts.
N.
Consistency with the City's Master Plan.
§ 300-79 Public hearing.
The Planning Board shall fix a time, within 62 days from the day the Planning Board determines an application for site plan review to be complete, for a public hearing on the application for site plan approval. A public notice of such hearing shall be published in the City's official newspaper at least five calendar days' prior to the date thereof. In addition to the public notice of a hearing, notice shall be given by first-class mail to all property owners of land immediately adjacent, extending 100 feet from and directly opposite thereto, a property which has a site plan review pending before the Planning Board, at least five days in advance of the hearing. If the site plan application is located on a property that is within 500 feet of an adjacent municipality, the Board shall also give notice to the clerk of the adjacent municipality at least 10 days before the hearing in accordance with General Municipal Law § 239-nn.
§ 300-80 Planning Board action.
A.
Referral to county. Any site plan application affecting real property within 500 feet of the boundary of the City, or the boundary of any existing or proposed county or state park or other recreational area, or the right-of-way of any existing or proposed county or state roadway; or the boundary of any existing or proposed right-of-way for a stream or drainage channel owned by the county for which the county has established channel lines; or the boundary of any existing or proposed county or state-owned land on which a public building or institution is situated, or the boundary of a farm operation located in an agricultural district as defined by article twenty-five AA of the agriculture and markets law shall be referred to the Fulton County Planning Department before final action is taken pursuant to § 239-m of the General Municipal Law.
B.
All actions taken by the Board shall comply with the provisions of the State Environmental Quality Review Act ("SEQRA") under Article 8 of the New York Environmental Conservation Law and its implementing regulations.
C.
Time periods set forth in this section may be modified to coordinate with SEQRA review as provided in New York State City Law Town Law § 81-a.
D.
Within 62 days after such public hearing, the Planning Board shall approve, approve with modifications or disapprove the application for site plan approval. The Planning Board, in conjunction with its approval of any site plan review proposal, may impose such requirements and conditions as are deemed necessary, including the restriction of land against further development of principal buildings, whether by deed restriction, restrictive covenants or other similar appropriate means. Failure of the Planning Board to act on an application within 62 days after the public hearing shall constitute approval of the application.
§ 300-81 Filing of decision; commencement and completion timeframes.
A.
The Planning Board shall prepare a written decision on an application for site plan review and shall have such decision immediately filed in the office of the City Clerk and the City Building Inspector and a copy thereof mailed to the applicant.
B.
Commencement and completion of work.
(1)
The applicant has six months from the date of the Planning Board decision to commence work on the approved site plan, unless otherwise stipulated by the Planning Board in the decision.
(2)
All work on the approved site plan must be completed within one year of the date of the Planning Board decision, unless otherwise stipulated by the Planning Board in the decision.
§ 300-82 Administration; inspections.
The provisions of this article shall be administered and enforced by the Building Inspector, who shall have the power to make inspections of buildings or premises necessary to carry out his duties in the enforcement of this article. No zoning permit or certificate of occupancy required hereunder shall be issued by the Building Inspector except after compliance with the provisions of this article.
§ 300-83 Changes to drawings.
A.
No site plan drawings approved by the Planning Board shall be changed, modified or altered in any way until the City Building Inspector reviews said proposed change, modification or alteration. If the City Building Inspector determines that a proposed change, modification or alteration is minor, the City Building Inspector shall approve, approve with conditions or disapprove of said change.
B.
If the City Building Inspector determines that the proposed change, modification or alteration of a final site plan drawing is significant, he shall not take any action and shall direct the property owners to obtain written approval from the Planning Board. The property owner shall submit to the City Building Inspector an application requesting a modification to an approved site plan. Said application shall outline the details of the proposed changes, the reasons for the proposed changes and the possible impacts of the proposed changes. The Planning Board may schedule and hold a public hearing on any proposed changes to approved site plan drawings.
C.
Any proposed changes to approved site plan drawings shall be reviewed by the Planning Board within 30 calendar days of the receipt of a complete application by the City Building Inspector. The Planning Board shall approve, approve with modifications or disapprove the request for said changes. Failure of the Planning Board to act on such matter within 30 days shall constitute conditional approval of said changes. The Planning Board may, however, table such request for changes to site plan drawings if the Planning Board feels that the applicant has not provided sufficient information regarding the changes being proposed.
§ 300-84 Performance guaranties.
No certificate of occupancy shall be issued until all improvements shown on the site plan drawings are installed or a sufficient performance guaranty has been posted for improvements not yet complete. The sufficiency of such performance guaranty shall be determined by the Planning Board after consultation with the Building Inspector or other competent persons.