Mc Graw Village City Zoning Code
ARTICLE XI
Site Plan Review
§ 175-40 Legislative intent.
The intent of this article is to set forth additional requirements which shall apply to certain land uses and activities which, due to their characteristics or the special characteristics of the area in which they are to be located, require special consideration so that they may be properly located and planned with respect to the objectives of this chapter, their effect on the surrounding properties and community character and the ability of the Village to accommodate the growth resulting from the proposed use without undue adverse effect on the Village.
§ 175-41 Effect on permit and variance applications.
All applications for building permits, zoning variances or special permits, except for single-family dwellings and their permitted accessories thereto or any addition to or alteration of a single-family dwelling or any structure of a lesser degree, shall be accompanied by a site plan approval, and no building permit, zoning variance or special permit shall be issued until all the requirements of this article and all other applicable provisions of this chapter have been met.
§ 175-42 Procedure.
Each application for a building permit, variance or special permit requiring site plan review shall be referred to the Village Planning Board by the Code Enforcement Officer for action within 10 days after the Code Enforcement Officer receives said application.
The Code Enforcement Officer shall request the advice of the Planning Board Chairman as to the necessity of site plan review. The Planning Board Chairman will decide, with the consent of the Planning Board, if a site plan review is required and will so advise the Code Enforcement Officer before a zoning permit is issued.
Within 45 days of receipt of the application, the Planning Board shall render a decision to approve, approve with conditions or deny or forward the decision to the Code Enforcement Officer. An extension of this forty-five-day period may be granted upon consent of both the applicant and the Village Planning Board. If the Planning Board fails to act within said forty-five-day period or extension that has been granted, the site plan shall be considered approved.
A full written record of such Planning Board minutes and decisions, together with all documents pertaining thereto, shall be filed in the office of the Village Clerk.
The Planning Board shall comply with the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations. If required pursuant to § 239-m of the General Municipal Law, the Planning Board shall refer the matter to the Cortland County Planning Board before final action is taken thereon.
§ 175-43 Conditions for site plan approval.
The Planning Board will approve the site plan, provided that the following findings shall be made:
The location and size of the use, the nature and intensity of the operations involved and the location of the site with respect to it shall be such that it will be in harmony with the orderly development of the district as proposed in the Comprehensive Plan, and the location, nature and height of buildings, walls and fences will not discourage the appropriate site development and use of adjacent land and buildings.
Operations in connection with any use subject to site plan review shall not be objectionable to nearby properties by reason of noise, vibrations, increased vehicular traffic or parking demand or lighting illumination.
The proposed use will be provided with adequate supporting services, such as fire and police protection, public and private utilities and all other supporting governmental services necessary and appropriate to the proposed uses.
Controls for vehicular and pedestrian movement, including handicap accessibility, are designed to provide for the safety of the general public and the occupant, employees, attendants and other persons for whose benefit the use is intended.
The proposed use is physically and visually compatible with the general neighborhood and will not adversely affect existing land use within close proximity to the proposed site.
The placement and kind of landscaping is such that adjacent residential areas are adequately screened from any potential nuisance features of the proposed use and such other criteria as deemed necessary by the Planning Board as directly related to acceptable planning techniques and practices.
The site plan provides for adequate drainage in a way that will not have an adverse impact upon adjacent and surrounding uses.
The proposed use will not have a detrimental effect on the character or integrity of any land use within the immediate neighborhood having a unique cultural, historical, geographical, or architectural value or other special characteristics.
§ 175-44 Required documentation.
The following information shall be submitted to the Village Planning Board in conjunction with any application for a building permit, zoning variance or special permit requiring site plan approval:
An area map with a scale of one inch equals 200 feet or one inch equals 400 feet, which shall include the location and name of railroads, streams, public and private roads and rights-of-way and all public facilities, such as schools, firehouses, houses of worship, parks, etc.
A map of the applicant's tract or property at a scale of one inch equals 20 feet.
The names of all owners of record of adjacent property within 200 feet of all property lines.
Existing zoning district boundaries within 500 feet of the tract.
Boundaries of the property and existing lot lines as shown on the existing Tax Map.
Existing public streets, easements or other reservations of the subject land.
A copy of any covenants or deed restrictions that are intended to cover all or any part of the tract.
Location of all existing structures on the site, as well as those on adjacent properties within 200 feet of subject lot line.
The proposed location of any use of any building or structure.
The proposed location of any use not requiring a structure, including walkways, benches and recreational facilities.
Plans and plan elevations, except structural and mechanical plans, of all proposed freestanding signs.
All existing and proposed means of vehicular ingress and egress to and from the site.
Location and design of all driveways and parking and loading areas.
Location of all existing and proposed waterlines, valves and hydrants and all sewer lines.
Provisions for snow storage.
Proposed stormwater drainage systems.
Proposed fencing, screening and landscaping.
Proposed location, direction and type of outdoor lighting.
Existing and proposed contours, with intervals of two feet, extending 50 feet beyond the tract.
Location of existing watercourses, wooded areas, rock outcrops and single trees with a diameter of 12 inches or more measured four feet above the ground level.
Where the applicant wishes to develop the project in stages, a site plan indicating ultimate development shall be presented for approval.
The Village Planning Board may require additional data or may waive any of the above requirements where it is warranted due to special conditions of the site or complexity of the proposed development.
If the proposed use or structure is located within special flood hazard areas and/or floodways, the applicant shall provide the following additional information:
Plans, drawn to scale, clearly indicating the location of the lot or construction site in relation to watercourses or other bodies of water, boundaries of special flood hazard areas, including floodway limits and/or topography of the site with elevations in relation to mean sea level, base flood elevations as shown on the Flood Insurance Rate Map, existing and proposed buildings and other structures, fill, drainage facilities, and location and description of any materials proposed to be stored within special flood hazard areas on a permanent or temporary basis incidental to the proposed project.
Elevation in relation to mean sea level of the lowest floor (including basement) of all existing and proposed structures.
Elevation in relation to mean sea level to which any nonresidential structure is proposed to be floodproofed, together with attendant utility facilities.
Plans showing how any nonresidential floodproofed structure meets the floodproofing standards of Chapter 94, Flood Damage Prevention.
Required certifications. The site plan and related information specified in this Subsection D shall include the written certification of either a professional engineer or architect licensed to practice in the State of New York that the appropriate standards of Chapter 94, Flood Damage Prevention, have been met.