Oneonta City Zoning Code
ARTICLE VII
Site Plan Review and Approval
§ 300-73 Purpose and applicability.
A.
Purpose. The purpose of this section is to allow for the proper integration into the community of those uses listed in the Bulk and Use Tables[1] of this chapter and elsewhere in this chapter, which have been determined to be suitable within a zoning district only on certain conditions and only at appropriate locations. The site plan review process intends to:
(1)
Promote those qualities in the environment which retain or bring quality to life as well as material value to the community.
(2)
Foster the attractiveness and functional utility of the community as a place to live and work.
(3)
Preserve the character and quality of our heritage by maintaining the integrity of those areas which have a discernible character or are of special historic significance.
(4)
Protect existing investments in the area.
(5)
Encourage, where appropriate, a mix of uses within permissible use zones.
(6)
Raise the level of community expectations for the quality of its environment.
(7)
Afford the City the ability to accommodate growth resulting from the proposed uses without excessive adverse effect on the City and its citizens and taxpayers.
(8)
To protect the health, safety and general welfare of the City and its citizens.
(9)
To enforce and uphold the objectives of the City's Comprehensive Plan.
[1]
Editor’s Note: The Bulk and Use Tables, listed in §§ 300-92 through 300-101, are included at the end of this chapter.
B.
Applicability.
(1)
Site plan review shall be required for all new buildings and additions in all districts, except new buildings smaller than 200 square feet in floor area, and except new additions to single-family dwellings in R1, R2 and R3 Zones when such additions are to be smaller than 600 square feet in floor area. For all other districts, site plan review shall be performed only for uses listed as requiring site plan review in the Bulk and Use Tables,[2] Table of Permitted Uses by District,[3] and according to other criteria listed under each respective district in Article II, Zoning Districts Established. For projects required to procure site plan review approval due to intensity thresholds only, the scope of the review shall be limited to the triggering intensities. In addition, all uses required to procure a special use permit are also required to undergo a site plan review.
[2]
Editor’s Note: The Bulk and Use Tables, listed in §§ 300-93 through 300-101, are included at the end of this chapter.
[3]
Editor's Note: The Table of Permitted Uses by District, listed in § 300-92, is included at the end of this chapter.
(2)
No zoning, building, use or certificate of occupancy permit shall be issued by the Code Enforcement Officer for any use identified in this chapter as requiring a site plan review, nor shall any such use undergo a change in use or a significant change in intensity of use, nor shall any such building be erected or enlarged, and no excavation of the site of such a use or building shall begin, until a site plan review has been conducted and approved by the Planning Commission in accordance with this article.
(3)
Any proposed use, building, or change requiring a site plan review may require a public hearing.
(4)
The applicant shall be responsible for providing the Planning Commission with information and detailed drawings, including but not limited to site plans, floor plans, elevations, and color renderings, of the proposed use, building, addition or change in the use of an existing building or lot. The contents of these submittals shall be in accordance with the requirements set forth in § 300-75B of this chapter.
(5)
Any project which only entails the construction of a fence shall not trigger a site plan review.
(6)
The Planning Commission, in conjunction with the Code Enforcement Officer, may waive stated submittal requirements as identified in this chapter. If the applicant fails to submit sufficient information to the Planning Commission, said application will be deemed incomplete and returned to the applicant.
§ 300-74 Planning Commission review.
A.
Authorization. In accordance with § 30-a of the General City Law, the Common Council does hereby authorize the Planning Commission to review and 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 Commission. Such site plan review shall be made of all development required under the terms of this chapter.
B.
Application submission and nonreturnable fee. The complete application for site plan review shall be submitted to the Code Enforcement Officer at least three weeks in advance of a regularly scheduled Planning Commission meeting. A nonreturnable fee as established by the Common Council shall be submitted with the application. Said application shall be on a form provided by the Planning Commission and available from the Code Enforcement office.
C.
Prioritization of review criteria. The need to support the expansion of the local economy, the need to increase housing opportunities, and the need to protect the quality of existing districts shall be primary criteria among other competing criteria in the site plan review process.
D.
Code Enforcement Officer review. The Code Enforcement Officer will review the application for completeness and notify the applicant if a waiver of document submittal requirements is granted.
E.
Sketch plan conference. At the request of the applicant, a sketch plan conference may be held between the Planning Commission and the applicant to review the basic site design concept and generally determine the information to be required on the site plan. At the sketch plan conference, the applicant should provide the data discussed below in addition to a statement or rough sketch describing what is proposed:
(1)
An area map showing the parcel under consideration for site plan review and all properties, subdivisions, streets and easements within 200 feet of the boundaries thereof.
(2)
A map of site topography at no more than five-foot contour intervals. If general site grades exceed 5% or portions of the site have susceptibility to erosion, flooding or ponding, a soils overlay and a topographic map showing contour intervals of not more than two feet of elevation should also be provided.
§ 300-75 Preliminary site plan approval.
A.
Application for preliminary site plan approval. The preliminary site plan application process, as outlined in this section, is not a requirement for site plan approval. The applicant may consult with the Code Enforcement Officer and/or Planning Commission to determine if this preliminary step is advisable in order to ensure the applicant is adequately prepared to move into the final detailed site plan application process, as outlined in § 300-76. Any preliminary application for site plan approval shall be made, in writing, to the Code Enforcement Officer and shall be accompanied by three hard copies and an electronic copy of the following information, prepared if required by the Code Enforcement Officer or the Planning Commission by an engineer, architect, landscape architect or surveyor duly licensed by the State of New York according to each person's particular discipline. Said application shall include drawings needed to define the project, at the discretion of the Code Enforcement Officer, including but not limited to the following:
(1)
Site plan.
(2)
Grading plan.
(3)
Utilities plan.
(4)
Building plans.
(5)
Detail plans.
(6)
Landscape plans.
(7)
Color renderings.
B.
Requirements. Drawings and drawing contents. Requirements for site plan shall include the following unless waived by the Planning Commission:
(1)
Site plan. Requirements for site plans shall be as follows:
(a)
The title of the drawing, including the address of the project site(s) and the name and address of the applicant and person responsible for preparing said plan. Project plans that have undergone multiple iterations and submittals to the Planning Commission shall be distinguishable from previous submittals via amendments to the drawing title to denote a new version.
(b)
Unless otherwise allowed by the Planning Commission, a scale of one inch equals 50 feet, with five-foot contours showing the topography of the lot and areas within 50 feet of the lot. At the discretion of the City Engineer, two-foot contours may be requested.
(c)
A North arrow, scale and most recent date for which the drawings were prepared.
(d)
Boundaries of the property and adjoining properties within 200 feet plotted to scale; current zoning classification of property, including the exact zoning boundary, if in more than one district.
(e)
Existing watercourses and freshwater wetlands, as identified by the New York State Department of Environmental Conservation and the United States Army Corps of Engineers.
(f)
Locations and widths of all ingress, egress and circulatory drives and access points to existing roads and highways; locations of all parking and/or truck loading areas.
(g)
Locations and dimensions for pedestrian and bicycle access, along with existing and proposed circulation patterns and stops for local/regional transit service.
(h)
Locations for outdoor storage, including refuse, if any.
(i)
Locations and dimensions of all existing or proposed site improvements, including drains, culverts, retaining walls, sidewalks and fences.
(j)
Locations of all proposed site and building-mounted signs.
(k)
The location and amount of building area proposed for various uses of the site, including all points of ingress and egress.
(l)
The location, width and purpose of all existing and proposed easements, setbacks, reservations and areas dedicated to public use on the site(s) and property(ies).
(m)
Location of vehicle, equipment, and material staging areas, storage and stockpile areas, and other areas to be utilized and disturbed during construction, including the location of portable rest room facilities.
(n)
Proposed routes and access points for construction traffic.
(2)
Grading plan. Grading plans may include:
(a)
A grading plan showing existing and proposed contours, including spot elevations along structures and site improvements, where appropriate, to determine the flow of surface runoff. The inclusion of arrows denoting surface flow direction is also preferred where appropriate.
(b)
Line(s) denoting limits of disturbance, clearing, grubbing, and grading as appropriate. Protective fencing for areas and vegetation to be preserved and undisturbed throughout construction shall also be shown.
(c)
Documents and plans pursuant to the requirements of the New York State Pollution Discharge Elimination System (SPDES), including a completed stormwater pollution prevention plan (SWPPP) for Planning Commission review.
(d)
Construction management plan and an inspection schedule as required by the Code Enforcement Officer.
(3)
Utilities plan. Requirements for utilities plans shall be as follows:
(a)
The locations and size of water, sanitary sewer and storm sewer lines and appurtenances and connections to utility services, including all invert and grate elevations. Where possible, the inclusion of arrows denoting the flow of storm and sanitary sewers is preferred.
(b)
Locations of fire and other emergency zones, including the location of fire hydrants and building sprinkler system connection points.
(c)
Locations of all fuel and energy exploration, generation, transmission, distribution and storage facilities, including but not limited to electricity, natural gas, propane, motor vehicle fuels, and wind, solar and geothermal energy systems.
(d)
Locations of outdoor lighting facilities, including the locations of poles, bollards, and building-mounted fixtures. Where appropriate and upon request, a photometric plan shall also be prepared and submitted for review and approval by the Planning Commission and Code Enforcement Officer.
(e)
Locations of telephone, cable and other telecommunications devices and facilities.
(4)
Building plans. Requirements for building plans shall include the following unless excepted by the Planning Commission:
(a)
Floor plans showing the location of all building ingress and egress points.
(b)
Elevation plans denoting the type of construction and construction materials, and exterior dimensions of all building elements and facades. Building elevations shall include structures on adjoining lots to indicate the scale and massing of the proposed structure in relation to the area.
(5)
Detail plans. Requirements for detail plans shall be as follows:
(a)
The design dimensions and type of construction of all driveways, parking areas and/or 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 fuel and energy exploration, generation, transmission, distribution and storage facilities.
(f)
The design dimensions, type of construction materials, including illumination, of all proposed signs.
(g)
The design and construction, including dimensions, of outdoor lighting facilities and the area of illumination on subject and adjacent properties.
(6)
Landscaping plan. Requirements for landscaping plans shall be as follows:
(a)
The location and dimensions of proposed buffers, screening and fence areas specifying materials and vegetation, include existing vegetative cover and proposed areas of lawn and ground cover.
(b)
A general landscaping plan and planting schedule specifying types and size of vegetation. The size of vegetation at installation and upon maturity shall be noted on the plans.
(7)
Required additional information. In addition to the aforementioned drawings, an applicant must submit the following information:
(a)
An estimated project construction schedule which includes startup and completion dates and any interim dates of significance.
(b)
State Environmental Quality Review (SEQR) information and forms.
(c)
A description of all existing or proposed deed restrictions or covenants applying to the property must be submitted.
C.
Standards for approval or disapproval. The Planning Commission's review of the site plan documents shall include consideration of the extent that the proposal will support the expansion of the local economy, promote an increase in the quantity or quality of housing opportunities, and protect the quality of existing structures and may also include, as deemed appropriate by the Planning Commission, but not limited to the following general considerations:
(1)
The location, arrangement, spacing, massing, height, size, architectural design and general site compatibility of buildings, lighting and signs.
(2)
The adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers and traffic controls.
(3)
The adequacy and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular traffic and overall pedestrian convenience and safety.
(4)
The location, arrangement, appearance and sufficiency of off-street parking and loading.
(5)
The adequacy of stormwater and drainage facilities.
(6)
The adequacy of water supply and sewage disposal facilities.
(7)
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.
(8)
In the case of an apartment complex, townhouses, condominiums, cooperatives or other multiple dwellings, the adequacy of usable open space for recreation.
(9)
The protection, buffering, and/or screening of adjacent or neighboring properties against noise, glare, unsightliness or other objectionable elements of the proposed land use's performance within the community.
(10)
The adequacy of fire lanes and other emergency zones and the provision of fire hydrants.
(11)
Special attention to the adequacy and impact of structures, roadways and landscaping in areas with susceptibility to ponding, flooding and/or erosion.
(12)
The adequacy of setbacks in regard to achieving compatibility and protection to adjacent properties and residential districts.
(13)
The structure or structures, to be compatible with existing and planned uses of adjacent properties and districts and promote the protection of existing area character.
(14)
Consistency with the City's Comprehensive Plan.
D.
Modifications. The Planning Commission may require such additional provisions and conditions that appear necessary for the public health, safety and general welfare, and it may waive, in appropriate circumstances, any of the above requirements which it deems not applicable to a particular application.
E.
Action on preliminary application.
(1)
Within 62 days of the receipt of a complete application for preliminary site plan approval for a major project, the Planning Commission may, at its discretion, hold a public hearing. If a public hearing is to be held it shall be advertised in a newspaper of general circulation in the City at least five days before its scheduled date.
(2)
If no Planning Commission decision is made and noticed to the applicant within 62 days following the hearing, the preliminary site plan shall be considered approved. The Planning Commission's action shall be in the form of a written statement to the applicant stating whether or not the preliminary site plan is conditionally approved. A copy of the decision of the Planning Commission shall be sufficient notice.
(3)
The Planning Commission's statement may include recommendations as to desirable revisions to be incorporated in the final site plan, conformance with which shall be considered a condition of approval. If the preliminary site plan is disapproved, the Planning Commission's statement will contain the reasons for such findings. In such case the Planning Commission may recommend further study of the site plan and resubmission of the preliminary site plan to the Planning Commission after it has been revised or redesigned.
F.
Compliance with SEQR. The Planning Commission shall not take final action on any site plan proposal until all SEQR requirements have been addressed in accordance with 6 NYCRR Part 617.
§ 300-76 Final detailed site plan approval.
A.
Application.
(1)
An applicant may prepare his final detailed site plan and submit it to the Planning Commission for approval. If a preliminary site plan was approved and more than one year has elapsed since the time of the Planning Commission's report on the preliminary site plan or if the Planning Commission finds that conditions have changed significantly in the interim, the Planning Commission may declare the preliminary site plan null and void.
(2)
The final detailed site plan shall conform substantially to the preliminary site plan that has received preliminary site plan approval. It should incorporate any revisions or other features that may have been recommended by the Planning Commission at the preliminary review. All such compliances shall be clearly indicated by the applicant on the appropriate submission. If a landscape plan was not submitted on prior applications, such a plan may be required with the application for final approval.
B.
Action on the final detailed site plan application.
(1)
If the application for final site plan approval is complete and satisfactory, the Planning Commission may at its discretion hold a public hearing. If a public hearing is to be held, it shall be advertised in a newspaper of general circulation in the City at least five days before its scheduled date and notice shall be given in accordance with § 300-75E(1).
(2)
Upon approving an application, the Planning Commission shall prepare a written decision on an application for site plan review and shall have such decision immediately filed in the offices of the City Clerk and the Code Enforcement Officer and a copy thereof mailed to the applicant. The Code Enforcement Officer shall then issue a building permit to the applicant if the project conforms to all other applicable requirements.
(3)
Upon disapproving an application, the Planning Commission shall so inform the Code Enforcement Officer, and he or she shall deny a building permit to the applicant. The Planning Commission shall file such disapproval with the City Clerk and 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.
§ 300-77 Expiration of site plan approval.
A.
Termination.
(1)
When a site plan approval is granted by the Planning Commission, which enables an applicant to do construction which requires a building permit, or a site plan approval is granted by the Planning Commission and construction which requires a building permit is necessary for conversion to the use for which the site plan approval is granted, and the applicant has not obtained a building permit to construct the building or part thereof for which the site plan approval has been granted, and has not initiated the construction work, within two years from the date of the granting of the site plan approval, said site plan approval shall become void.
(2)
When a site plan approval is granted by the Planning Commission, which enables an applicant to do construction which requires a building permit, or a site plan approval is granted by the Planning Commission and construction which requires a building permit is necessary for conversion to the use for which the site plan approval is granted, and a building permit to construct the building or part thereof for which the site plan approval has been granted has been obtained, but the construction has not been substantially completed prior to the expiration of the building permit, said site plan approval shall become void.
B.
Extension. An applicant can apply to the Planning Commission for an extension of site plan approval for the period of one year.
§ 300-78 Miscellaneous.
A.
Administration and inspections. The provisions of this article shall be administered and enforced by the Code Enforcement Officer, 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 Code Enforcement Officer except after compliance with the provisions of this article.
B.
Changes to drawings.
(1)
No site plan drawings approved by the Planning Commission shall be changed, modified or altered in any way until the Code Enforcement Officer reviews said proposed change, modification or alteration. The property owner shall submit to the City Code Enforcement Officer 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. If the Code Enforcement Officer determines that a proposed change, modification or alteration is minor, the City Code Enforcement Officer shall approve, approve with conditions, or disapprove of said change. If the Code Enforcement Officer determines that the proposed change, modification or alteration of a final site plan drawing is significant, he or she shall not take any action and shall direct the property owners to obtain written approval from the Planning Commission.
(2)
On major projects the Planning Commission may schedule and hold a public hearing on any proposed changes, and shall give notice of such hearing in accordance with § 300-76E(1) of this article. Any proposed changes to approved site plan drawings shall be reviewed by the Planning Commission within 30 calendar days of the receipt of a complete application by the City Code Enforcement Officer. The Planning Commission shall approve, approve with modifications or disapprove the request for said changes. Failure of the Planning Commission to act on such matter within 30 days shall constitute conditional approval of said changes. The Planning Commission may, however, table such request for changes to site plan drawings if the Planning Commission feels that the applicant has not provided sufficient information regarding the changes being proposed.
C.
Performance guaranties. With site plans that involve removal of topsoil, grading and/or excavating, a performance bond, letter of credit or some other form of surety acceptable to the City Attorney shall be required to ensure that site plan work is completed. No final certificate of occupancy may 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.