§ 103-76. Procedure., Article XVI. Site Plan Review, Chapter 103. Zoning, Code of Ordinances, Oneonta, Town

Upon an application for a building permit, the Enforcement Officer shall determine if site (or sketch) plan approval is required under this chapter and notify the applicant and the Town Planning Board of his determination. Site (or sketch) plans are required for the uses listed in §§ 103-13, 103-17, 103-21, 103-24, 103-30, 103-33, 103-36, 103-39 and 103-58. In addition, prior to issuing a building permit, a site (or sketch) plan is required for any addition, alteration or enlargement which the Code Enforcement Officer determines will substantially change the use, degree of use, traffic patterns, environmental effects, utility use (i.e., sewer and/or water) or other features customarily reviewed by the Planning Board.

Upon submission of a site plan for review, the Enforcement Officer shall determine that all information required by the various provisions of this chapter is depicted thereon or in accompanying documents. He shall notify the applicant of any additional information required or that the site plan is complete within seven days of its submission to him. If the site plan is complete, he shall, within 30 days of receipt, refer said site plan to the Town Planning Board for review.

Within 45 days of receipt of a completed site plan or acceptance by the Planning Board of a sketch plan, the Planning Board shall review the same and approve, approve with changes or disapprove the sketch plan application. Failure of the Planning Board to act within 45 days shall constitute approval unless the applicant and Planning Board mutually agree to extend this time limit.

[Amended 2-12-1992 by L.L. No. 5-1992]

Upon approval or approval with modifications, the applicant shall prepare three copies of the approved site plan with the Enforcement Officer, who shall then issue the appropriate building permit. One copy of the approved site plan shall be filed with the Town Clerk.

Upon completion of the work authorized by the building permit, the Enforcement Officer shall make a field inspection, noting on one copy of the approved site plan compliance between the site plan and actual development, and shall submit the same to the Town Planning Board. No performance bond or other surety shall be released unless or until the Planning Board is satisfied that actual development is in substantial compliance with the approved site plan.

Whenever a site plan is submitted for a planned development for which a zone change is required, approval by the Town Planning Board shall be made conditional upon the granting of a change of zone by the Town Board, and all time limits upon review and approval herein specified shall be waived except as provided in Article XIX below. In such an instance, however, review of a site plan by the Planning Board may be made at the same time as it prepares its advisory report to the Town Board under § 103-85.

Prior to site plan approval, the applicant shall be required to reimburse the Town of Oneonta for reasonable costs incurred in the review of the application by the Town Engineer of the Town of Oneonta or such other third party as shall be retained by the Town for that purpose.

[Added 10-11-2006 by L.L. No. 9-2006]