Jamestown City Zoning Code
ARTICLE IX
Site Plan Review
§ 300-0901 Purpose.
It is the intent of this article to promote the health, safety and general welfare of the residents of the City of Jamestown by assuring that the development or redevelopment of real property is appropriate and compatible with the development of adjacent or neighboring real property. It is further intended to ensure the conservation and enhancement of natural and man-made resources within the City through a process of review and approval of site plans. It is not intended to prohibit development that is otherwise permitted under this chapter. Rather, it is intended to improve the design, function, aesthetics and safety of development projects which are otherwise in conformance with the provisions of this chapter.
§ 300-0902 Applicability.
All proposed development or redevelopment of real property, other than single-family residential projects, shall hereafter be in conformance with a site plan approved by either staff or the Planning Commission, provided that:
A.
If the proposal exceeds any of the following criteria or falls under any of the following classifications, the site plan shall be brought before the Planning Commission for review and approval:
(1)
Twelve parking spaces;
(2)
Five thousand square feet of gross floor area;
(3)
All proposed manufacturing or light manufacturing developments or redevelopments;
(4)
Any expansion of an existing facility which exceeds 25% of the gross floor area of such facility;
(5)
Any new construction of a multiple-residential use consisting of three or more units; or
(6)
Bed-and-breakfast establishments.
[Added 12-16-2002]
B.
No physical alterations shall be made to a site, nor shall building permits be issued, until all requirements of this chapter are met.
§ 300-0903 Application procedure: preapplication conference.
Prior to submission of a formal application for approval, the applicant or his agent shall appear before staff (i.e., the Director of Public Works, the Building Inspector and the Planning Coordinator) for preliminary review of a sketch plan of the proposed development. At the time of the meeting, staff shall assist the applicant in determining zoning compliance and offer recommendations in order to best prepare the plan for final review (e.g., layout, design, landscaping, etc.). The sketch plan shall include, at a minimum, the following:
A.
A drawing of the applicant's entire holding, with boundaries plotted to scale at a minimum scale of one inch per 30 feet;
B.
An outline of the proposed development showing the proposed layout of streets, buildings and other features which may be of assistance to staff in understanding the proposal;
C.
The parcel area in square feet and the existing and proposed building footprint(s) area in square feet;
D.
Delineation of parking areas, loading areas, driveways, streets, buffer strips and green areas;
E.
Description of proposed use(s) and calculation of the floor area and/or seating capacity for each use; and
F.
An outline of all existing structures, paved areas and other features.
§ 300-0904 Application procedure: formal application.
[Amended 2-10-2006 by L.L. No. 2-2006; 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
Prior to submission of the formal application and final site plan, the applicant should submit any revisions to the site plan for staff review. Staff shall review the plan and make any final recommendations to the applicant prior to submitting the final site plan for review. Upon completion of the procedures set forth in this section, a completed application for site plan approval shall be filed with the City Clerk/Treasurer, together with not fewer than 12 copies of the proposed site plan. Said application for site plan approval shall be completed on a form provided by the office of the City Clerk/Treasurer. Said application shall be filed with the City Clerk/Treasurer not less than two weeks prior to the next scheduled meeting of the Planning Commission. Upon receipt of a filed application for site plan approval, the City Clerk/Treasurer shall forward the same to the Planning Coordinator for his review. The Planning Coordinator shall, as part of the review process, obtain comments from the Department of Public Works, Board of Public Utilities, Fire and Police Departments and the Department of Parks, Recreation and Conservation (and other City departments as necessary) and shall thereafter render a report to the Planning Commission. Said report shall be submitted prior to the next regularly scheduled meeting of the Planning Commission.
§ 300-0905 Application procedure: final site plan.
The final site plan shall include the following site details unless as otherwise approved by the Director of Public Works:
A.
Site data and information:
(1)
The name, address and phone number of the owner/applicant. If the applicant is not the owner, authorization for said plan shall be provided by the owner;
(2)
The name, address and phone number of the architect and/or engineer responsible for the preparation of the plan. Said plan shall be stamped by a New York State licensed landscape architect, architect or engineer;
(3)
The name, address and phone number of the New York State licensed land surveyor responsible for the preparation of the plat. Said survey shall include, at a minimum, two benchmarks and clearly delineate between existing and proposed survey information (e.g., dashed, line thickness). Said plan shall indicate the applicant's entire holding, including the boundaries of real property plotted to scale;
(4)
A description of the project, including the proposed use(s) of the real property;
(5)
Drawing dimensions shall not exceed 30 inches by 42 inches;
(6)
North arrow, date and scale (minimum scale: one inch equals 30 feet);
(7)
All lettering and numbering shall be, at a minimum, 1/10 inch;
(8)
The lot size and zoning classification;
(9)
A ruled box having dimensions of five inches by seven inches for the date of approval of the Planning Commission and plan notes. Said ruled box shall appear on the first sheet or page of the plans;
(10)
A detailed schedule for project construction and completion; and
(11)
A completed Part I of an environmental assessment form (EAF) for all projects as required by 6 NYCRR 617, New York State Environmental Quality Review Act.
B.
Natural features.
(1)
The location and dimensions of all existing landscaping features, including trees, shrubs, greenspace and similar amenities;
(2)
Existing watercourses, wetlands or other natural features of the site;
(3)
Soil characteristics, such as load bearing and drainage capacity;
(4)
Geological features, such as depth to bedrock and the location of rock outcrops;
(5)
Topographic features, showing existing contours in two-foot intervals, except where steep slopes make this graphically impractical; and
(6)
Hydrologic features, including existing drainage and runoff patterns; flood hazard areas; wetlands; and depth to groundwater.
C.
Existing development and infrastructure (where applicable).
(1)
The location and dimensions of all existing buildings, including footprints, setback distances and square footage calculations;
(2)
The location and design of all existing parking and loading areas;
(3)
The location and dimensions of all abutting parcels to include building footprints and all departing property lines. Said parcels shall be identified by the property owner and parcel identification number;
(4)
The location and design of all other existing site details, including walkways and sidewalks; refuse storage and disposal areas; drains and culverts; retaining walls and fences; signs; outdoor storage areas; outdoor lighting facilities; all utilities within or bordering the site (i.e., gas, water, electrical, sanitary sewers, storm sewers, telephone, district heat, cable television, meters, light standards, fire hydrants, utility poles and other relevant structures or markers); and
(5)
An elevation drawing indicating the existing design of the building's facade.
D.
Proposed development.
(1)
The location and dimensions of all proposed buildings, including footprints, setback distances and square footage calculations;
(2)
An elevation drawing indicating the proposed design of the building's facade;
(3)
The location and design of all proposed parking and loading areas, including calculations of the required number of parking spaces pursuant to Article V of this chapter; delineation of both regular and handicapped spaces; and proposed parking and loading area surface materials;
(4)
The proposed ingress and egress routes, including the location of curb cuts and traffic patterns on the site;
(5)
The location and design of all other proposed site details, including walkways and sidewalks; refuse storage and disposal areas; drains and culverts; retaining walls and fences; signs; outdoor storage areas; outdoor lighting facilities (indicating the type of light and direction of illumination); all utilities within or bordering the site (i.e., gas, water, electrical, sanitary sewers, storm sewers, telephone, district heat, cable television, meters, light standards, fire hydrants, utility poles, and other relevant structures or markers);
(6)
A landscaping plan (pursuant to the requirements of § 300-0906), including a planting schedule and calculations of proposed green space (e.g., the locations and types of shade trees, shrubs and ground covers and a delineation of buffer strips);
(7)
A grading and drainage plan, including proposed contours in two-foot intervals, except where steep slopes make this graphically impractical;
(9)
All inlets, swales, pipes and invert grades (to include sizes and capacities); and
(10)
The proposed methods of minimizing erosion and sediment transport from the site during construction.
E.
At the discretion of the Director of Public Works, additional site details may be required of the applicant.
§ 300-0906 Landscaping requirements.
All proposed developments shall meet the following landscaping requirements:
A.
In every instance, efforts shall be made towards the maximum retention of existing vegetation.
B.
A landscaped buffer area shall be required between the applicant's property and adjoining lands.
C.
In all districts, public and private parking lots or automotive use areas containing more than 10 parking spaces shall have at least one shade tree for each 10 parking spaces. Said tree(s) shall have a trunk diameter of at least two inches in width.
D.
All trees, shrubs and plantings shall be maintained by the owner or lessee of the property and shall not be removed when a lot is reconstructed or enlarged unless said trees, shrubs and plantings are moved to another location on the lot upon approval of a site plan by the Planning Commission.
E.
Trees, shrubs and plantings shall be so located as to provide visual relief and to assure safe patterns of internal vehicular and pedestrian circulation.
§ 300-0907 General review criteria.
Review of a proposed site plan shall include the following:
A.
Compliance with all federal, state, regional and local laws, ordinances and regulations.
B.
Compliance with the regulations set forth in this chapter.
C.
Compliance with the direction and intent of all formally adopted plans or goals, including but not limited to the Jamestown Comprehensive Plan; Jamestown Riverfront Reclamation and Development Study; Brooklyn Square Urban Renewal Plan; and any future plans or goals which are formally adopted after the date of this chapter.
D.
Compatibility of design and arrangement of buildings, lighting, signs and automotive use areas as such relate to the site and character of the neighborhood, adjacent buildings, public parks and historic landmarks.
E.
Adequacy of vehicular access and circulation, including intersections, road widths, pavement surfaces, loading areas, off-street parking areas, dividers and traffic controls.
F.
Adequacy of pedestrian access and circulation, including walkways, control of intersections and overall pedestrian convenience and handicapped accessibility.
G.
Adequacy of drainage and stormwater management facilities. In this regard, no stormwater shall be caused to be discharged upon neighboring properties, across public sidewalks or into public streets. Surface water drainage facilities shall be designed to handle all on-site runoff (ten-year-storm frequency as the minimum design criteria), and the discharge into public storm sewers shall be at a rate which can be adequately handled by existing storm sewers and drainage ways. Measures shall be taken to prevent ponding, flooding or erosion. Where storm sewers do not exist, the Planning Commission may approve alternative means of discharging stormwater upon receipt of a recommendation from the Department of Public Works, where such alternative adequately protects the public health, safety and welfare.
H.
Adequacy of landscaped areas, including the type, size and arrangement of trees, shrubs, plantings, vegetative cover, berms, fencing and other amenities.
I.
In the case of an apartment complex or other multifamily dwelling, the adequacy of usable open space for play areas and recreation.
J.
The protection of adjacent or neighboring properties against noise, glare, unsightliness or other objectionable features.
K.
The adequacy of emergency access, including but not limited to fire lanes and the provision of fire hydrants.
L.
The adequacy of the site layout for efficient snow plowing and storage. The required number of parking spaces shall be maintained year round and shall not be utilized for snow storage.
M.
The avoidance or mitigation of any negative environmental impact identified during the environmental review conducted as part of the site plan review.
§ 300-0908 Review criteria: Chadakoin River Area.
Review of any proposed site plan which is situated within 100 feet of the Chadakoin River shall be subject to the following:
§ 300-0909 Review criteria: light manufacturing and manufacturing uses.
A.
Planning Commission review of any proposed site plan for a Light Manufacturing (L-M) use shall be subject to the following determinations:
(1)
Such use shall be wholly contained within an enclosed building;
(2)
Such use shall not have an adverse impact on the surrounding area or environment;
(3)
Such use shall not produce odors, chemicals, dust, smoke, gases, noises or vibrations beyond the limits of the walls of an enclosed building; and
(4)
Such use shall not be a menace to public health or safety.
B.
Planning Commission review of any proposed site plan for a Manufacturing (M) use shall be subject to the following determinations:
§ 300-0910 Costs.
All costs incurred by the Planning Commission for consultation fees and/or other extraordinary expenses in connection with the review of a proposed site plan shall be charged to the applicant, provided that such expenses shall not exceed 1% of the estimated market value of the proposed development as determined by the City Assessor. Prior to incurring such costs, the Planning Commission shall notify the applicant. Such costs may be in lieu of or in addition to costs reimbursable for environmental review pursuant to 6 NYCRR 617.
§ 300-0911 Review procedure.
[Amended 2-10-2006 by L.L. No. 2-2006; 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
A.
Staff review. In each instance when a site plan shall be reviewed at the staff level (pursuant to § 300-0901), staff shall render a decision to approve, approve with conditions or deny a proposed site plan within 20 days of the filing of the application and submission of the final site plan. The decision of staff shall immediately be filed in the office of the City Clerk/Treasurer and with the Building Inspector, and a copy of the decision shall be mailed to the applicant. In the event that the applicant wishes to appeal the decision of staff, said applicant shall be heard by the Planning Commission within 45 days from the date of filing the decision in the office of the City Clerk/Treasurer.
B.
Planning Commission review. The Planning Commission shall render a decision to approve, approve with conditions or deny a proposed site plan within 45 days of the filing of the application and submission of the final site plan. In the event that a public hearing is requested by the Planning Commission or the applicant, the Planning Commission shall hold a public hearing and shall render a decision to approve, approve with conditions or deny a proposed site plan within 62 days of the filing of the application and submission of the final site plan. The Planning Commission shall give public notice of such public hearing by publication of a hearing notice in the official newspaper at least five days prior to the hearing date. Anything herein contained to the contrary notwithstanding, an extension of review periods may be granted upon consent of both the applicant and the Planning Commission. The decision of the Planning Commission shall immediately be filed in the office of the City Clerk/Treasurer and with the Building Inspector, and a copy of the decision shall be mailed to the applicant. In the event that the applicant wishes to appeal the decision of the Planning Commission, said applicant shall have 30 days from the date of filing the decision in the office of the City Clerk/Treasurer in which to commence special proceedings pursuant to the provisions of Article 78 of the Civil Practice Law and Rules.
§ 300-0912 Completion of construction.
[Amended 2-10-2006 by L.L. No. 2-2006; 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
An approved site plan shall be carried into effect and completed by the applicant or his successors or assigns within one year of the date that the decision is filed in the office of the City Clerk/Treasurer. Should the applicant require an extension in order to carry the site plan into effect, an extension may be granted by the Director of Public Works for a period of time that is deemed necessary to complete the project. The applicant shall submit a written request to the Director of Public Works which specifies the reasons for said extension. The Director of Public Works shall then notify the Building Inspector, the City Clerk/Treasurer and the applicant, in writing, of any such extension of time and the date upon which it shall expire.
§ 300-0913 Inspection of improvements; certificate of occupancy.
A.
Inspection of improvements. The Building Inspector shall be responsible for the overall inspection of site improvements, including consultation with the Planning Commission and other officials and agencies, as appropriate. In the event of the expiration of a site plan approval, including extensions if granted, the applicant shall repair any site preparation earthwork, including rough grading and foundation excavation, to return the site to a safe and aesthetically acceptable condition, as directed by the Building Inspector.
B.
Issuance of a certificate of occupancy. The Building Inspector shall issue a certificate of occupancy, provided that all improvements shown on the site plan are complete and all requirements of this chapter are met. The Building Inspector may issue a temporary certificate of occupancy where the applicant guarantees the completion of incomplete improvements within a period of time designated by the Building Inspector by the posting of a performance bond for not less than 110% of the value of the aforesaid incomplete improvements. No temporary certificate of occupancy shall be renewed, nor shall a permanent certificate of occupancy be issued, where the conditions of site plan approval have been violated or any element of the project violates the requirements of this chapter.
C.
Denial of certificate of occupancy. Should the applicant fail to fulfill all the provisions of the approved site plan, the Building Inspector shall withhold the certificate of occupancy for said project until all improvements shown on the site plan are complete and all requirements of this chapter are met.
§ 300-0914 Modification of provisions.
The Planning Commission is hereby authorized to modify any requirements of this article upon an affirmative vote by 2/3 of the entire Planning Commission in cases where the Planning Commission determines that the existing building configuration or lot configuration creates a hardship to the applicant in meeting such requirements and where the Commission determines that the alternative measures proposed adequately conform to the purpose and intent of this chapter. The Planning Commission shall not be obligated to reduce any requirements of this article where the site size or configuration of the proposed use is insufficient as determined by the requirements of this chapter. The Planning Commission shall have no power or authority to waive the procedures contained herein.
§ 300-0915 Modification of approved site plans.
Any proposed modifications to site improvements, buildings or signage for a site which has undergone site plan review shall be reviewed by the Building Inspector in consultation with the Director of Public Works and Planning Coordinator. If the Building Inspector determines that the proposed modifications do not significantly derogate from the approved site plan, the Building Inspector may issue a permit for such proposed work and document the site plan file that said modification has been approved. If the Building Inspector finds that such proposed work may derogate significantly from the approved plan, the Building Inspector shall require the applicant to submit the modified site plan for approval before a permit shall be issued for such work. The application and review procedures shall be the same as for a new site plan.
§ 300-0916 Supplemental regulations and fees.
The Planning Commission is hereby authorized to adopt supplemental rules, regulations and fee schedules appropriate for the administration of this article, subject to the approval of the Jamestown City Council.