Applications for all permitted uses, buildings and other structures and all uses permitted as special exceptions shall be subject to site plan review and approval in accordance with the standards and procedures set forth in this chapter, except the following:

Any person uncertain of the applicability of this chapter to a given land use activity may apply, in writing, to the Planning Board for a written jurisdictional determination.

No permit or certificate of occupancy shall be issued by the Zoning Officer except upon authorization by and in conformity with an approved site plan.

Application for site plan review shall be made on a form prescribed by the Planning Board. This form shall contain reasonable information necessary to make a qualified review and determination of the use, such as the applicant's name and address, district classification of the proposed use/area, property boundary lines, map scale or measurements, dimensions and placement of streets and walkways (showing circulation patterns), description of the proposed use, use plotted with dimensions of the use and distance to features of lot (i.e., property line, streams, etc.), list of other permits required, utility standards, drainage facilities, construction materials, location and type of signs, proposed landscaping, population density, construction schedule, type of outdoor lighting and placement, height of structures, location of fences/walls and other features that may be required by the Village Planning Board to ensure a complete review of the project.

The applicant may request a presubmission conference with the Village Planning Board prior to formal application submittal. This conference can be used to discuss site plan review procedure/criteria and other land use matters. The Planning Board shall honor this request and convene such a conference.

Once a completed application has been formally received, the Village Planning Board shall have a maximum of 120 days (from the date of receipt) to review and approve, approve with conditions or disapprove the proposal. If no decision has been rendered by the Board within that time, the action will be deemed approved.

Within 60 days from the application receipt by the Planning Board a public hearing shall be held on the proposal to entertain public comment. A five-day advance public notice of the hearing shall be published in the official newspaper.

The final decision by the Village Planning Board must be made in writing, specifying any conditions that may be attached to an approval, the reasons that the Board approved or denied the proposal and the motions/vote by Board members. All decisions shall be filed in the office of the Village Clerk, who shall mail a copy to the applicant.

The Village Planning Board may attach additional conditions to the proposed development, provided that they are in keeping with the intent of these procedural regulations and the site plan review standards found in this chapter, when applicable.

The Village Planning Board shall refer all site plan review matters that fall within those areas specified under General Municipal Law Article 12-B, § 239-m, to the County Planning Board prior to the Village Planning Board vote thereon.

The Village Planning Board may require performance bonds to be contracted with the Village Board to cover the development impact on Village public improvement costs, local inspections, bond approval and other Village liabilities incurred. The amounts of guaranties shall be set by a licensed engineer or architect retained by the Village.

Adequacy and arrangement of safe vehicular traffic access and circulation, including intersections, road widths, curb cuts, channelization structures and traffic controls. Such facilities must be constructed to Village specifications and standards.

Adequacy and arrangement of pedestrian traffic access and circulation, including separation of pedestrian from vehicular traffic, walkway structures, control of intersections with vehicular traffic and pedestrian convenience. This shall also include specifications and standards to which such facilities shall be constructed.

Location, arrangement, appearance and sufficiency of off-street parking and loading to meet the proposed uses. Certification may be required by using the off-street parking and loading requirements found in § 150-76 as a guide.

Location, arrangement, size and design of buildings, lighting and signs.

Landscaping and screening (i.e., plantings, fences, etc.) may be required by the Planning Board to reduce the visual impact on neighboring properties and roads or to reduce/eliminate other unfavorable characteristics of the proposed use.

Adequacy and quality of water supply, stormwater drainageways, sanitary waste disposal facilities and other utilities that will serve the site. The applicant shall assure that all water and sewer connections and installations are made in a timely fashion and prior to project approval and operation. Such connections and installations shall be made according to specifications of the Village.

Adequacy of structures, roadways and landscaping in areas with moderate to high susceptibility to flooding, ponding and/or erosion. Construction specifications may be required.

Protection of adjacent properties against noise, glare, unsightliness or other objectionable features from conflicting uses.

Conformance with other specific intents of this chapter.

All uses subject to site plan review must conform to the dimensional requirements outlined in this chapter.

Open space may be required for recreation, circulation and other reasons. The area shall be of sufficient size to accommodate these purposes in relation to the residential and nonresidential uses. Access to such areas will be considered. Such areas may be publicly or privately owned.

Adequacy in preserving the scenic historical and cultural attributes of the site. The integrity of existing historic sites or structures on the National Register of Historic Places shall not be endangered by the development.

Architectural design compatibility with surrounding areas.

The proposed use, either in operation or construction, shall not cause erosion or drainage problems. The Village Engineer may specify conditions to alleviate such situations.

In making its decision, the Village Planning Board may also consider the capability of local Fire Departments to provide adequate protection to the project.

The Planning Board shall also consider the project's compatibility and consistency with the Village of Alexandria Bay and Town of Alexandria's Local Waterfront Revitalization Plan, with specific attention to its Waterfront Revitalization Policies.

Such uses shall meet the off-street parking and loading requirements of § 150-76.

Such uses shall not produce high volumes of polluting wastes.

Any manufacturing, fabricating or servicing related to the operation must take place within a building designed to accommodate the use.

Materials used the manufacturing, fabricating or servicing operation may be stored outside the building accommodating the use, provided that they shall be arranged in a neat and orderly fashion and shall be enclosed by a fence at least five feet in height so as to prohibit unauthorized entrance by children and individuals. The outside storage area shall not be larger than the square footage of the first floor of the building used to house the operation.

The use shall be set back a sufficient distance from neighboring residential property to reduce any possible land use conflicts, traffic problems, noise, dust, odors, unsightliness or other unhealthy/objectionable conditions. The Board may also impose various screening techniques (i.e., plantings, fences, etc.) of such character that alleviates or reduces these conditions.

The use shall not produce exterior noise levels that are detrimental to off-street residential areas. Such levels shall not exceed 90 db at off-lot locations.

Traffic access. All on-site access roads shall be composed of all-weather materials and shall be built to Village highway standards. The interior roadways shall enter or exit onto state, county or local highways only with the permission of those respective Highway Departments. Such entrances or exits shall not be closer than 50 feet to street corners. Visibility on interior roadways or at exits and entrances shall not be impeded so as to cause unsafe traffic conditions as determined by the Village.

Circulation and parking. The interior circulation system shall not be congested and shall allow the concurrent flow of entering and existing traffic. As stated above, the surface shall be of all-weather material, as specified by the Village highway standards. There shall be two parking spaces for each dwelling unit. All units shall have ready access to the interior roadways and parking spaces. No interior public roadway shall be closer than 10 feet to any building.

Arrangement of buildings. Adequate provision shall be made for light, air, access and privacy in the arrangement of the buildings to each other. Each dwelling unit shall have a minimum of two exterior exposures.

Proper landscaping. Within one month of such constructions or at least by September 1, the bare grounds must be seeded. Where construction takes place later than this date or it is impractical to seed, the site shall be mulched to reduce erosion until seeding can take place. Where adjacent land use districts or uses are of a commercial, industrial or business nature, the Board may require that proper screening and buffer zones be required to reduce noise, dust and disturbances.

Zoning certificate of occupancy. No zoning certificate of occupancy shall be issued for any such building or buildings unless the proposed use conforms in all respects to the site plan and the conditions stated herein. The ZEO shall inspect the property to ensure compliance with the plans and conditions stated prior to issuing the zoning certificate of occupancy.

Distance between buildings.

Recreation space. There shall be provided on the site of such a use an area or areas devoted to the joint recreational use of the residents thereof. Such recreation space shall consist of an area not less than 25% of the total living space of all dwelling units served. Part or all of such space shall be in the form of developed recreation areas to be usable for active recreation purposes.

Drainage. Drainageways on the lots and at the interior public roadsides shall be constructed so as to handle the capacity flows at any given time. The Soil Conservation Service or the respective Highway Department may be contacted to provide technical assistance on the size of the drainageway or culverts therein.

Lighting. Exterior lighting shall be adequate to promote safety in the parking areas and on lots adjacent to the multiple dwelling.

Each dwelling unit shall have at least 300 square feet of interior floor space.

Traffic access. Roads adequate in grade, width, alignment, visibility and property related to other nearby traffic circulation considerations to meet Village standards shall be provided.

Off-street parking. There shall be provided on the site of such development an area or areas devoted to the parking of automobiles. The required number of off-street parking spaces shall be determined from the Off-Street Parking Schedule, § 150-76.

Exterior lighting and signs. Illuminated signs and other exterior lighting shall be directed away or shielded from adjacent residential properties in such a manner as not to disturb the occupants thereof.

Proper landscaping. Where adjacent land use is residential in nature and within 50 feet of the property line, buffer zones shall be required to eliminate visibility, noise and dust from the use. The area shall be seeded before September 1 or, if this is impossible, mulched until seeding can take place.

Open space. A minimum of 25% of the site shall be developed as open space. Parking areas and vehicle access facilities shall not be considered in calculating open space.

An applicant who proposes to construct a mobile home park shall state that he, as agent or owner, shall be responsible for the proper maintenance and upkeep of the proposed park and shall furnish the following information as part of the site plan review application:

A mobile home park must meet the following criteria:

Off-street parking shall meet the requirements outlined in § 150-76.

Off-street loading and unloading space shall be provided in addition to the space required by Subsection A above and meet the requirements outlined in § 150-76.

The Village Planning Board shall determine the appropriate setback distance from adjacent residential property lines based upon such conditions as traffic, noise, odor, dust and other environmental characteristics of the use. The Board may require screening (i.e., plantings, fences, etc.) of such nature as to reduce or eliminate such unfavorable characteristics.

Access patterns (both on-lot and exiting/entering onto the public thoroughfares) shall not cause safety hazards. The Planning Board shall review and approve such plans.

The location, design, noise and operation of such facility shall not adversely affect the character of any nearby residential area.

Adequate fences, barriers and other safety devices shall be provided around such new uses at a height of at least six feet.

Such new uses shall be set back at least 150 feet from the nearest residential lot line. This shall not apply to existing uses or additions thereon.

Such areas shall be located at least 200 feet from the nearest residential lot line.

Such areas shall be enclosed by a fence at least six feet tall and of sufficient design to keep out the public.

The recommendations of the local Fire Department having jurisdiction shall also be considered prior to approval of such a use.

All such areas shall be installed, protected and maintained in accordance with generally accepted standards, as required by the New York State Uniform Fire Prevention and Building Code.[1]

Such uses may not be located within 1,000 feet, measured from lot line to lot line, of churches, schools, parks, playing fields or other areas in which groups of minors regularly congregate.

Uses shall not be located within 1,000 feet of any residential lot line.

Such uses shall not be located within a radius of 1,000 feet of another such use.

One exterior sign that meets the sign requirement for the district within the use is located will be allowed. However, said sign shall not depict lewd or obscene objects or activity or utilize lewd or obscene language.

All building openings, entries, windows, doors, etc., shall be located, covered or screened in such a manner as to prevent a view into the interior from any public or semipublic place.

Off-street loading requirements.

Uses in all districts except the Business (B) District shall meet the following off-street parking requirements.

All parking lots shall be landscaped between the road or sidewalk and the parking lot itself. Such landscaping shall include trees or shrubs to break up the visual impact of the concrete (gravel, etc.).

The Planning Board may require that a buffer of thick brush, shrubs or evergreens be used to separate a parking lot from residential properties. A fence with landscaping may also be used to mitigate conflicts between parking lots and residential property.

All construction on any shoreline lot shall be carried out in such manner as to minimize interference with the natural course of such waterway, to avoid erosion of the shoreline, to minimize increased runoff of ground- and surface water into the waterway, to remove only that vegetation which is necessary to the accomplishment of the project and to generally maintain the existing aesthetic and ecological character of the shoreline.

No on-site sewage tile field or seepage pit shall be located within 100 feet of any shoreline, and no septic or other holding tank shall be located within 50 feet of the water body.

Any boat pump-out or other connection to provide for the accommodation of sanitary wastes shall be connected to an adequate disposal system.

Any marina, boat service facility or any storage of petroleum products within 100 feet or reasonable setback, as determined necessary by the Planning Board, of the shoreline shall include adequate provisions for ensuring that any leak, rupture or spill will be contained and not be introduced into or affect the adjacent waterway. In particular, a raised earthen or paved berm or dyke may be required to be constructed in such manner so as to afford adequate protection.

Any paved or otherwise improved parking, loading or service area within 100 feet of any shoreline shall be designed and constructed so as to minimize surface runoff and the entrance of any chemical pollutants or earthen siltation into the waterway.

The design shall include landscaped green space or buffers to mitigate or minimize the adverse visual impact on the waterfront and to assist in the protection of the waterways from runoff and erosion. The Planning Board may stipulate the use of trees, evergreens, shrubs, fencing, etc., as required, based on the size, location and impact potential of the proposed project.

Site plan. An applicant shall be required to submit a site plan in accordance with Article XII of this chapter. The site plan shall show all existing and proposed structures and improvements, including roads, buildings, tower(s), guy wires and anchors, parking and landscaping, and shall include grading plans for new facilities and roads.

Supporting documentation. The Planning Board and the Zoning Board of Appeals shall require that the site plan include a complete visual environmental assessment form (EAF) and documentation on the proposed intent and capacity of use as well as a justification for the height of any tower and justification for any clearing required. The Planning Board and the Zoning Board of Appeals may require submittal of a more detailed visual analysis based on the result of the visual EAF in addressing this subsection and Subsections J and K below. The Board shall also require a copy of the certificate of need from the Public Service Commission.

Shared use of existing tower. At all times, shared use of existing towers shall be preferred to the construction of new towers. An applicant shall be required to present an adequate report inventorying existing towers within a reasonable distance of the proposed site and outlining opportunities for shared use of existing facilities as an alternative to a proposed new tower.

Shared usage of site with new tower. Where shared usage of an existing tower is found to be impractical, the applicant shall investigate shared usage of an existing tower site for its ability to accommodate a new tower and accessory uses. Documentation and conditions shall be in accordance with Subsection C(1) and (2) above. Any new telecommunications tower approved for an existing tower site shall be subject to the standards of Subsections F through N below.

New tower at new location. The Board shall consider a new telecommunications tower on a site not previously developed with an existing tower when the applicant demonstrates that shared usage of an existing tower site is impractical and submits a report demonstrating good-faith efforts to secure shared use from existing towers as well as documentation of the physical and/or financial reasons why shared usage is not practical. (Written requests and responses for shared use shall be provided.) Information regarding the required need for the new telecommunications tower shall be required in the form of empirical data illustrating said need.

Future shared usage of new towers. The applicant must examine the feasibility of designing a proposed telecommunications tower to accommodate future demand for reception and transmitting facilities. The scope of this analysis shall be determined by the Board. This requirement may be waived, provided that the applicant demonstrates that provisions of future usage of the facility is not feasible and an unnecessary burden, based upon:

Lot size and setbacks for new towers. All proposed telecommunications towers and accessory structures shall be located on a single parcel and set back from abutting residential parcels, public property or street lines a distance sufficient to contain on-site substantially all ice-fall or debris from tower failure and preserve the privacy of the adjoining residential properties.

visual impact assessment. The Board shall require the applicant to undertake a visual impact assessment of any proposed new towers or any proposed modification of an existing tower to include:

New tower design. Alternate designs shall be considered for new towers, including lattice and single-pole structures. The design of a proposed new tower shall comply with the following:

Existing vegetation. Existing on-site vegetation shall be preserved to the maximum extent possible, and no cutting of trees exceeding four inches in diameter (measured at a height of four feet off the ground) shall take place prior to the approval of the special permit.

Screening. Deciduous or evergreen tree plantings may be required to screen portions of the tower and accessory structures from nearby residential property as well as from public sites known to include important views or vistas. Where a site abuts a residential property or public property, including streets, screening shall be required.

Access. Adequate emergency and service access shall be provided. Maximum use of existing roads, public or private, shall be made. Road construction shall, at all times, minimize grounds disturbance and vegetation cutting to within the toe of fill, the top of cuts or no more than 10 feet beyond the edge of the pavement. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion potential.

Parking. A minimum of three parking spaces shall be provided. No parking spaces shall be located in any required yard.

Fencing. Sites of proposed new towers and sites where modifications to existing towers are proposed shall be adequately enclosed by a fence, the design of which shall be approved by the Board, unless the applicant demonstrates to the Board that such measures are unnecessary to ensure the security of the facility.

Removal. Obsolete or unused towers and related structures shall be removed from any site within four months of discontinuance of use.

Maintenance and/or performance bond. The Board, at its sole discretion, may require the applicant and/or owner to establish, prior to approval of any application, a maintenance and/or performance bond in an amount sufficient to cover the installation, maintenance and/or construction of said tower during its lifetime. The amount required shall be determined at the sole discretion of the Board, based upon the unique characteristics of the tower and site. The applicant and/or owner shall cooperate with the Board in supplying all necessary construction and maintenance data to the Board prior to approval of any application. Cost estimates shall be reviewed by the Town Engineer.

Standards.

Permit and site plan approval requirements.