Celoron Village City Zoning Code
ARTICLE IX
Village Planning Board
§ 210-65 Appointment.
[Amended 12-9-2013 by L.L. No. 4-2013]
The Mayor, subject to the approval of the Board of Trustees, shall appoint a Planning Board of five members and the Chairperson as prescribed by law.
§ 210-66 Duties.
The Planning Board shall have the following duties with respect to this chapters:
Recommendations.
Optional reports. The Planning Board shall submit reports within 30 days after referral on any matter referred to it.
Mandatory recommendations. The Planning Board shall submit recommendations to the appropriate board on all applications for: (1) Zoning amendments, and (2) all other uses for which a referral to the Planning Board is mandatory.
Failure to report. When the Planning Board fails to make a recommendation/report within 30 days from receipt of the request, it shall be deemed that the Planning Board has no objections to the request or proposal. The thirty-day requirement may be extended with permission of the Board making the referral.
Subdivisions. Review and act on all subdivision requests.
Other duties. The Planning Board shall also exercise all other powers conferred upon it by other laws and shall act on all matters referred to it by the Municipal Board. It shall conduct hearings and perform its duties in accordance with procedures spelled out in applicable laws.
§ 210-67 Site plan review.
[Added 8-24-2009 by L.L. No. 2-2009; 8-12-2013 by L.L. No. 2-2013]
The purpose of this section is to provide regulations governing the applicability, submission requirements, and standards for review and design of uses required to obtain site plan approval. The intent is to:
Promote the health, safety and general welfare of the Village of Celoron by promoting a clean, wholesome and attractive environment, which is essential to the maintenance and continued development of the economy of the Village and the general welfare of its inhabitants.
Ensure that the development and use of land within the Village of Celoron does not have an adverse effect on adjacent lands or on the character of the community.
It is the further intent of these regulations to protect the community from traffic congestion, noise, lighting, odor and other forms of pollution, inappropriate design, flooding, excessive soil erosion, and stormwater impacts, and to ensure that the proposed use will be in harmony with the appropriate and orderly development of the district in which it is proposed, and that its impacts can be mitigated by compliance with reasonable conditions.
Authority of Planning Board to review site plans. The Planning Board of the Village of Celoron is hereby authorized to grant site plan approval pursuant to § 7-725-a of the Village Law, as amended from time to time.
Applicability.
Uses requiring site plan approval. Prior to the issuance of a building permit in any zoning district or a permit for a change in use or approval of a special use, the Code Enforcement Officer shall require site plan approval in accordance with the provisions of this subsection. All new land use activities shall require site plan approval, including new structures, new uses, expansions of existing structures, excavation operations and legal conversions of existing buildings to other uses except those specifically exempted below in § 210-67C.
Level of site plan review required. All uses requiring site plan approval, as specified above, shall comply with the review provisions of either the minor site plan approval process or major site plan approval process.
Uses qualifying for minor site plan approval. Single-family dwellings, and their accessory structures, on an approved building lot meeting the dimensional requirements of the Village of Celoron that are not part of a proposed subdivision and do not exceed any of the following thresholds:
Located within 1,000 feet of the shoreline of Chautauqua Lake or 200 feet of a wetland, streambank or watercourse;
Located within a one-hundred-year flood hazard area as defined by the Federal Emergency Management Agency (FEMA) and shown on the most current Flood Insurance Rate Maps (FIRM);
Requires a cumulative total of 10,000 square feet of land disturbance;
Creates a use with impervious surfaces that cumulatively are greater than 15% of the total lot area; or
Contain slopes in excess of 15% within the area of land disturbance.
Exempted uses. The following land use activities are exempted from the requirements of this article, unless site plan is otherwise required as a condition of a separate Village approval:
Development creating less than 2,500 square feet of land disturbance in total.
Normal building maintenance, including the repair or maintenance of structural members.
Nonstructural agricultural or gardening uses not involving clear-cutting timber or farm ponds.
Minor or incidental landscaping or grading (less than 2,500 square feet).
Interior alterations that do not substantially change the nature or use of a residential, commercial or industrial structure.
Exterior alterations or additions to an existing residential or commercial structure, which do not substantially change its nature or use, and will not increase the gross floor area of the existing structure by more than 25% in total within any five-year period.
Any change of use where no change to the building footprint or site is proposed.
The sale of agricultural produce and temporary structures related to the sale of agricultural produce.
Signs under 10 square feet.
Existing uses and structures. This subsection does not apply to uses and structures that are lawfully in existence as of the date this subsection is adopted. Any use that would otherwise be subject to this subsection, which has been discontinued for a period of one year or more, shall be subject to review pursuant to the terms herein defined before such use is resumed. Any use or structure shall be considered to be in existence, provided that such use or structure has started construction prior to the effective date of this subsection and is fully constructed and completed within one year after the effective date of these regulations.
Procedures.
Preapplication meeting. The applicant shall meet with the Code Enforcement Officer prior to submission of a site plan for review to determine whether a minor or major site plan approval is required. At the preapplication meeting, the applicant shall provide a written statement and/or a rough sketch describing what is proposed, including an indication of all existing structures and uses, if any, on the site. The Code Enforcement Officer shall use the preapplication meeting as an opportunity to advise the applicant of the procedures for both minor and major site plan approval and the potential information to be required on either type of site plan.
Minor site plan review.
Application for minor site plan approval. Within 60 calendar days of the preapplication meeting, a complete application for site plan approval shall be made in writing to the Code Enforcement Officer. The application shall be accompanied by not less than three prints of the proposed site plan (or as many additional prints as may be required for circulation purposes) and one electronic file of the proposed site plan, in a form usable by the Village (pdf or other specified format). Site plans may be provided on a drawing certified by a licensed civil engineer, registered landscape architect, registered architect or other licensed design professionals, but the Code Enforcement Officer shall not require this unless the services of such professionals are necessary to provide accurate information or are otherwise required by law. Such plans shall be submitted and shall include information drawn from the section below of items, as determined necessary by the Code Enforcement Officer at the time of the preapplication meeting.
Minor site plan contents. A minor project site plan application shall contain the following information (see www.chautauquagis.com as a source for some information):
The name and address of the applicant and any professional advisors.
A sketch of the parcel on a location map (e.g., a Tax Map) showing boundaries and dimensions of the parcel and identifying contiguous properties that are within 500 feet of the proposed structure and any known easements or rights-of-way and roadways.
Existing features of the site lying within 300 feet of the proposed structure, including land and water areas, water or sewer systems, and the approximate location of all structures within 500 feet of the proposed structures.
The proposed location and arrangements of structures and uses on the site, including means of ingress and egress, parking, and circulation of traffic.
A sketch of any proposed structures (including septic systems), showing exterior dimensions and elevations of front, side, and rear views; copies of available blueprints, plans, or drawings.
A concise description of the project describing the intended use of proposed structures and any changes in the existing topography (i.e., grading, filling, vegetation removal) and natural features.
If the parcel contains a wetland, or floodplain, a copy of the floodplain map and wetland map that corresponds with the boundaries of the property.
Code Enforcement Officer's review of minor site plan. The Code Enforcement Officer's review of a site plan shall include, but is not limited to, the following considerations:
Any excavation, filling and grading proposed to be undertaken, including the depth, nature and volume of materials involved.
The type, size and location of vegetation to be removed during site preparation.
All temporary and permanent drainage, erosion and sediment facilities proposed.
Adequacy of stormwater management and sanitary waste disposal facilities.
Total cumulative impervious surface coverage as a percentage of lot area.
Location of septic system and leach fields in relationship to wetlands, streambanks and watercourses.
Site layout and design in relationship to natural features.
An on-site visit to the proposed site to examine features.
Required referral. On occasion, when applicable, the Code Enforcement Officer shall refer the plan to the Chautauqua County Planning Board for its review and approval, pursuant to § 239-m of the General Municipal Law, prior to taking final action on the site plan.
Code Enforcement Officer's action on minor site plan. Within 30 days of the receipt of a complete minor site plan application, the Code Enforcement Officer shall act on the minor site plan application.
Determination.
After review and evaluation, the Code Enforcement Officer, through an administrative review, shall make a determination to either approve, approve with modifications, or disapprove the minor site plan application. A copy of the determination shall be filed in the Village Clerk's Office and mailed to the applicant within five business days of the Code Enforcement Officer's determination.
Upon a determination of either approval or approval with modifications of an application in full compliance with the submission requirements stated therein the Code Enforcement Officer shall be authorized to stamp and sign the minor site plan.
If the Code Enforcement Officer's determination includes a requirement that modifications be incorporated in the minor site plan, conformance with said modifications shall be considered a condition of approval.
If the minor site plan is not approved, the Code Enforcement Officer's determination shall state specific reasons for such decision. In such a case, the Code Enforcement Officer may recommend further study of the minor site plan and resubmission to his office after it has been revised or redesigned.
Submission requirements for stamping. After receiving site plan approval, with or without modifications, from the Code Enforcement Officer, the applicant shall within two calendar months submit a minimum of three prints to the Code Enforcement Officer for stamping and signature. The minor site plan submitted for stamping shall conform strictly to the minor site plan approved by the Code Enforcement Officer except that it shall further incorporate any revisions or other modifications required by the Code Enforcement Officer.
Effect of stamping and signature. Upon stamping and signature by the Code Enforcement Officer, the Code Enforcement Officer may then issue a building permit or certificate of occupancy if the project conforms to all other applicable requirements.
Expiration of approval. The Code Enforcement Officer's approval of a minor site plan shall expire if the following circumstance occurs:
A complete application for either a building permit or certificate of occupancy is not submitted to the Code Enforcement Officer within 12 calendar months of the signing and stamping of the site plan by the Code Enforcement Officer.
Upon prior written request to the Code Enforcement Officer, the time period for either submission of an application for a building permit or certificate of occupancy may be extended for a maximum period of six calendar months from its otherwise specified termination date.
Major site plan review.
Sketch plan conference (optional). A sketch plan conference between the Planning Board and the applicant is encouraged and may be held to initially review the basic site design concept and generally determine the extent of site plan review necessary for the proposed project. All required materials for the sketch plan conference shall be submitted to the Code Enforcement Officer at least 14 days prior to the regularly scheduled Planning Board meeting and forwarded to the Planning Board members at least seven days prior to the regularly scheduled meeting in order to be placed on the monthly agenda for consideration by the Board. At the sketch plan conference, the applicant shall provide a written statement and/or a rough sketch describing what is proposed, including an indication of all existing structures and uses, if any, on the site. The Planning Board shall use the sketch plan conference as an opportunity to advise the applicant of the information to be required on the site plan and in accompanying reports. The Planning Board shall additionally employ the conference as an opportunity to discuss with the applicant the extent of the SEQR review process required for the application.
The sketch plan shall be clearly designated as such and shall identify all existing and proposed (see www.chautauquagis.com or Zoning Maps for some information):
Zoning classification and required setbacks.
Lot lines.
Land features, including environmentally sensitive features.
Land use(s).
Utilities.
Development, including buildings, pavement and other improvements, including setbacks.
Location and nature of all existing easements, deed restrictions and other encumbrances.
Sketch plans shall be drawn to scale.
It is the responsibility of the applicant to provide a sketch plan that depicts a reasoned and viable proposal for development of the lot.
The Planning Board, upon review of the sketch plan, may waive requirements for application materials for developments for which, due to character, size, location or special circumstances, such information is not required in order for the Planning Board to properly perform site plan review.
Planning Board members may suggest modifications to, but shall not approve or disapprove, the sketch plan. Comments made by individual Board members during sketch plan review shall not be interpreted as constituting approval or disapproval by the Board, nor shall they be interpreted to limit the scope of any subsequent review or approval of a derivative plan.
Application for major site plan approval. If a sketch plan conference is held, within 90 calendar days of the sketch plan conference, a complete application for site plan approval shall be made in writing to the Planning Board. The application shall be accompanied by not less than eight prints of the proposed site plan (or as many additional prints as may be required for circulation purposes under SEQR) and one electronic file of the proposed site plan, in a form usable by the Village. Site plans shall be provided on a drawing certified by a licensed civil engineer, registered landscape architect, registered architect or other licensed design professionals, as may be necessary to comply with the professional licensing regulations administered by the New York State Education Department. Such plans shall be submitted at least 14 days prior to a scheduled regular meeting of the Planning Board and shall include information drawn from the following checklist of items, as determined necessary by the Planning Board at the time of the sketch plan conference:
A site plan drawn at a scale of 100 feet to one inch or larger showing the following information:
Legal data.
Title of drawing, including name and address of applicant and person(s) responsible for preparation of such drawing;
North arrow, scale and date;
An area map keyed to the real property Tax Maps, showing the parcel under consideration for site plan review, and all properties, subdivisions, streets, power lines and easements within 500 feet of the boundaries thereof;
Accurate boundaries of the property plotted to scale, including reference to specific data sources;
The locations, names and existing widths of adjacent streets/roads, rights-of-way and curblines;
The locations and owners of all adjoining lands as shown on the latest tax records and Tax Map identification numbers.
Natural features.
Existing contours with intervals of 20 feet or less, including the source of the information.
Approximate boundaries of any areas subject to flooding or stormwater overflows.
The location of existing watercourses, New York State and federal wetlands, wooded areas, rock outcrops, isolated trees with a diameter of eight inches or more measured at breast height above the base of the trunk and other significant existing natural features.
Land exceeding a slope of 15%.
FEMA special flood hazard zone boundaries and designations, including the flood hazard zone, Community Panel Number and the effective date as shown.
Soils classification mapping from "Soils Survey of Chautauqua County" data (available at Chautauqua County Soil and Water Conservation District).
Existing structures and utilities and other features.
The location of uses and outlines of all existing structures, drawn to scale.
Paved areas, sidewalks and vehicular access between the site and public Streets.
Traffic flow patterns within the site, entrances and exits, loading and unloading areas, curb cuts on the site and within 100 feet of the site.
Locations, dimensions, grades and flow direction of existing sewers, drainage ditches, culverts and water lines, as well as other underground and aboveground utilities within and adjacent to the property.
Other existing development, including fences, retaining walls, landscaping and screening.
Proposed development.
The location, type of construction and exterior dimensions of proposed buildings or structural improvements. [NOTE: Elevations and/or sections illustrating front, rear and side profiles drawn to the same or larger scale as the site development plan may be required by the Planning Board. The elevations and/or sections shall clearly delineate the bulk and height of all buildings and other permanent structures included in the proposal.]
The location and design of all uses not requiring structures, such as off-street parking and loading areas and the location of any outdoor storage, if applicable.
The location, direction, power and time of use for any proposed outdoor lighting.
The location, size and design for all proposed permanent outdoor signs.
The location and arrangement of proposed means of access and egress, including sidewalks and other pedestrian access, driveways, fire lanes and other emergency zones or other paved areas; and profiles indicating grading and cross sections showing width of roadway, location and width of sidewalks and location and size of water and sewer lines. For commercial and industrial structures, identify the amount of gross floor area proposed for retail sales, services, offices and other uses.
Any proposed screening and other landscaping, including types and locations of proposed street trees, as well as a planting schedule. Landscaping layout should attempt to dissuade the unnecessary clearing and disturbing of land so as to preserve the natural and existing growth of flora and to replace removed flora or plant new flora indigenous to the Western New York region. It also should attempt to reduce noise and the glare of vehicular lights; provide unpaved areas for the absorption of surface waters; provide shade; relieve the blighted appearance of parking areas; and generally provide for an attractive, harmonious environment.
The description of the water supply system, location of well(s) and/or all proposed water lines, valves and hydrants and of all sewer lines and alternate means of water supply and sewage disposal and treatment.
An outline of any proposed easements, deed restrictions or covenants and provisions for homeowner's associations and common ownership, if applicable.
Any contemplated public improvements on or adjoining the property.
Any proposed new grades, indicating clearly how such grades will meet existing grades of adjacent properties on the street.
A drainage plan showing existing and proposed watercourses, proposed detention/retention facilities and calculations of the impact to existing drainage created by the proposed development. [NOTE: Contour intervals of one or two feet may be appropriate for grading and drainage plans.]
Location of outdoor storage and waste receptacles and proposed screening for such.
Location and construction materials of all existing or proposed site improvements, including drains, culverts, retaining walls and fences.
Location, design and construction materials of all energy-generation and distribution facilities, including wind, electrical, gas and solar energy.
If the site plan indicates only a first stage, a supplementary plan shall indicate ultimate development.
The percentage of open space provided and the location and development of all proposed buffer areas, including indication of proposed vegetative cover.
Any setbacks or other dimensional information required by this article.
Record of applications and approval status of all necessary permits from federal, state, county and local agencies.
Estimated project construction schedule.
Estimate of the total cost of proposed site improvements which shall be confirmed by the Code Enforcement Officer or Village Engineer.
Estimate of total cumulative area of disturbance in square feet.
Provision for pedestrian access.
Location of fire and other emergency zones, including the location of fire hydrants.
Identification of the location and amount of building area proposed for retail sales or similar commercial activity.
Additional information.
Required fees and supporting materials. An application for site plan review and approval shall not be considered complete until accompanied by the applicable fee and escrow deposit, in accordance with the fee schedule established and annually reviewed by the Village Board, and the supporting materials described below as well as any additional documents required by § 210-67.
Supporting materials. The following materials shall be submitted:
A copy of the deed to the property as most recently filed and/or a copy of the executed contract of sale.
A copy of each covenant, easement or deed restriction in effect or intended to cover all or part of the tract.
Written offers of easement to the Village of Celoron or other public agencies for purposes of stormwater drainage, utility rights-of-way, etc.
Identification of all necessary permits from federal, state, county or local agencies, approvals required from said agencies for the project's execution, and proof of special use permit and/or variance approvals if applicable.
As applicable, soil logs from on-site borings or test pits, percolation test results, and stormwater runoff calculations.
Plans to prevent the pollution of surface or groundwater; erosion of soil both during and after construction; excessive runoff; excessive raising or lowering of the water table; and flooding of other properties.
Environmental assessment form. A complete application for site plan review and approval shall also be accompanied by a short or full EAF as required by SEQR. To avoid delay, applicants are advised to familiarize themselves with the New York State SEQR requirements for environmental assessment, to determine whether their proposed project meets the thresholds for a Type 1 action and therefore requires that a full EAF be submitted to accompany the application for site plan approval.
Planning Board review of major site plan.
Factors for consideration during site plan review. The Planning Board' review of a site plan shall include, but is not limited to, the following considerations:
Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, channelization structures and traffic controls.
Adequacy and arrangement of pedestrian traffic access and circulation, including separation of pedestrians from vehicular traffic, sidewalks, linkages, control of intersections with vehicular traffic and pedestrian convenience.
Location, arrangement, appearance and sufficiency of off-street parking and Loading areas.
Location, arrangement, size, design and general site compatibility of buildings, lighting and signs.
Adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or noise-deterring buffer between the proposed use and adjoining uses or properties.
In the case of an apartment complex or multiple dwellings, the adequacy of usable open space for playgrounds and informal recreation.
Adequacy of stormwater management facilities.
Protection of adjacent properties from noise, glare, unsightliness or other objectionable features.
Adequacy of water supply and sewage disposal facilities.
Overall impact on the neighborhood, including compatibility of design and effect on the environment.
Adequacy of fire lanes and other emergency zones and the provision of fire hydrants.
Site plan design criteria. The Planning Board, in reviewing site plans, shall consider the standards set forth below:
All buildings in the plan shall be integrated with each other and with adjacent buildings and shall have convenient access to and from adjacent uses.
Individual buildings shall be related to each other and to structures in the surrounding area in architecture, design mass, materials, placement and connections to harmonize visually and physically.
Treatment of the sides and rear of all buildings, where appropriate, shall be comparable in amenity and appearance to the treatment given to street frontages of these same buildings.
The design of buildings and the parking facilities shall take advantage of the natural topography of the project site, where appropriate. Not less than 5% of the interior parking area designed for 10 or more motor vehicles shall be developed to the minimum landscape area requirements.
All buildings shall be accessible to emergency vehicles.
Landscaping shall be an integral part of the entire project area and shall buffer the site from and/or integrate the site with the surrounding area, as appropriate. A minimum ground area of not less than 12% of the total site area shall be landscaped.
Primary landscape treatment shall consist of shrubs, ground cover and shade trees and shall combine with appropriate walks, walls and street surfaces to provide an attractive development pattern. Landscape materials selected should be appropriate to the growing conditions of the Village's environment. All deciduous trees planted shall have a minimum caliper of 2 1/2 inches, measured six inches above the ground. All conifer trees shall have a minimum height of five feet above finished grade.
Whenever appropriate, existing trees shall be conserved and integrated into the landscape design plan.
There shall be an adequate, safe and convenient arrangement of pedestrian circulation facilities, roadways, driveways, off-street parking and loading space.
Roads, pedestrian walks and open space shall be designed as integral parts of an overall site design, be properly related to existing and proposed buildings and be appropriately landscaped.
Buildings and vehicular circulation areas shall be arranged so that pedestrians moving between buildings are not unnecessarily exposed to vehicular traffic.
Site illumination. All permanent exterior site lighting, entrance lighting, security lighting and aesthetic feature lighting shall be designed in accordance with the following criteria:
Illumination of parking facilities.
Where provided, the illumination for parking and drive areas shall emit a minimum of one footcandle and a maximum of two footcandles on the parking surface, with an average uniformity ratio of 3:1.
"Sharp cut-off" fixtures shall be utilized for the perimeter lighting fixtures so as to emit no more than 0.5 footcandle of washover onto neighboring properties and shall be directed so as to avoid causing a hazard to motorists and pedestrians.
The photometrics and light distribution characteristics of the proposed fixtures shall be furnished to the Code Enforcement Officer, if requested.
Other than facilities operating 24 hours per day, parking lot and site lighting shall be controlled to reduce the illumination thereof by 50% at 11:00 p.m. and to be shut off 1/2 hour after the close of business. For facilities operating 24 hours per day, parking lot and site lighting shall be controlled to reduce the illumination thereof by 50% from 11:00 p.m. until dawn.
Building exterior lighting (other than security lighting).
The illumination of building exteriors, including entrances, shall not exceed five footcandles on the surface to which such lighting is directed.
Sharp cut-off fixtures shall be utilized for building exterior lighting so as to emit no more than 0.5 footcandle of washover onto neighboring properties and shall be directed so as avoid causing a hazard to motorists and pedestrians.
Other than facilities operating 24 hours per day, exterior building lighting shall be controlled to reduce the illumination thereof by 50% at 11:00 p.m. and to be shut off one 1/2 hour after the close of business. For facilities operating 24 hours per day, such lighting shall be controlled to reduce the illumination thereof by 50% from 11:00 p.m. until dawn.
Exterior building security lighting.
Building security lighting shall not exceed 0.75 of one footcandle at a distance of 20 feet from the building.
Sharp cut-off fixtures shall be utilized for building security lighting so as to emit no more than 0.5 footcandle of washover onto neighboring properties and shall be directed so as to avoid causing a hazard to motorists and pedestrians.
Parking facilities shall be landscaped and screened from public view to the extent necessary to eliminate unsightliness and monotony of parked cars.
Parking facilities shall utilize low-impact and on-site stormwater techniques where feasible, and be designed with regard for orderly management, topography, landscaping and ease of access and shall be developed as an integral part of an overall site design.
Any above-grade loading facility shall be screened from public view to the extent necessary to eliminate unsightliness.
Off-street parking and loading requirements required in this chapter shall be satisfied.
Drainage of the site and surface waters flowing there from shall utilize natural drainage pathways where feasible and in the best public interest; shall not adversely affect adjacent properties or public roadways; and shall strive to not increase runoff downstream from the project site.
All landscaped areas required and/or provided in the sketch plan shall be maintained and preserved according to the plans as originally approved by the Planning Board or as subsequently approved for any modification by said body.
Referral to other agencies and boards. The Planning Board may refer the site plan for review and comment to local and county officials or their designated consultants, in addition to representatives of State agencies including, but not limited to the Soil and Water Conservation District, the New York State Department of Transportation, the State Department of Environmental Conservation and the State Department of Health.
Required referral. Prior to taking final action on the site plan, and where applicable, the Planning Board shall refer the plan to the Chautauqua County Planning Board for its review and approval, pursuant to § 239-m of the General Municipal Law.
Public hearing. The Planning Board shall conduct a public hearing on the application for a major site plan approval. The public hearing shall be conducted within 62 calendar days of the receipt of the complete application and shall be advertised in the official newspaper of the Village at least five calendar days before the public hearing.
Waiver of requirements. The Planning Board may waive any specific requirements set forth in § 210-67D(3)(a) of this chapter for the approval, approval with modifications or disapproval of a major site plan submitted for approval. The grant of any such waiver shall be accompanied by a finding that compliance with the requirement is either not requisite in the interest of the public health, safety and general welfare or inappropriate to the particular site plan.
Planning Board action on major site plan. Within 62 days of the close of a public hearing, the Planning Board shall act on the major site plan application. The time period in which the Planning Board must act on the major site plan can be extended by mutual consent of the applicant and the Planning Board.
Action by resolution.
The Planning Board shall act by resolution to approve, approve with modifications, or disapprove the site plan application. A copy of the resolution shall be filed in the Village Clerk's Office and mailed to the applicant within five business days of the Planning Board's actions. A resolution of either approval or approval with modifications shall include authorization to the Planning Board Chairman to stamp and sign the site plan upon the applicant's compliance with the submission requirements stated therein.
If the Planning Board's resolution includes a requirement that modifications be incorporated in the site plan, conformance with said modifications shall be considered a condition of approval. If the site plan is disapproved, the Planning Board's resolution shall state specific reasons for such decision. In such a case, the Planning Board may recommend further study, or modification, of the site plan and resubmission to the Planning Board after it has been revised or redesigned.
Submission requirements for stamping. After receiving site plan approval, with or without modifications, from the Planning Board, the applicant shall within six calendar months submit a minimum of eight prints and one electronic file to the Planning Board for stamping and signature by the Chairman. The site plan submitted for stamping shall conform strictly to the site plan approved by the Planning Board except that it shall further incorporate any revisions or other modifications required by the Planning Board and shall be accompanied by the following additional information:
Record of application for and approval status of all necessary permits from federal, state and county officials.
An estimated project construction schedule and if a performance guarantee is to be provided by the applicant for all or some portion of the work, a detailed site improvements cost estimate.
Effect of stamping by Planning Board. Upon stamping and signature by the Chairman, the Planning Board shall forward a copy of the approved site plan to the Code Enforcement Officer and the applicant. The Code Enforcement Officer may then issue a building permit or certificate of occupancy if the project conforms to all other applicable requirements.
Expiration of approval. Planning Board approval of a site plan shall expire either of the following circumstances occurs:
The site plan is not submitted for stamping and signature to the Chairman within 180 calendar days of the Planning Board' resolution of Site plan approval, with or without modifications.
A complete application for either a building permit or certificate of occupancy is not submitted to the Code Enforcement Officer within 180 calendar days of the stamping and signing of the Site plan by the Chairman.
Upon prior written request to the Planning Board, the time period for either submission of the site plan or submission of the complete application for a building permit or certificate of occupancy may be extended for a maximum period of 180 calendar days from its otherwise specified termination date.
Reimbursable costs. Reasonable costs incurred by the Planning Board for private consultation fees or other extraordinary expense in connection with the review of a proposed site plan shall be charged to the applicant. Such reimbursable costs shall be in addition to the fee required with the application for site plan review herein.
Guaranty of site improvements.
General. Subsequent to the granting of site plan approval, no certificate of occupancy shall be issued until all improvements shown on the site plan are installed or a sufficient performance guaranty has been provided by the applicant for improvements not yet completed.
Performance guaranty options. In order that the Village has the assurance that the construction and installation of such improvements as storm sewers, water supply, sewage disposal, sidewalks, parking and access roads will be constructed in accordance with Village standards and/or any site plan approval modifications, the Planning Board may require that the applicant enter into one of the following agreements with the Village:
Furnish bond executed by a surety company (licensed in New York State) equal to the cost of construction of such improvements as shown on the plans. Such bond shall be based on an estimate furnished by the applicant, confirmed by the Code Enforcement Officer or Village Engineer and approved by the Planning Board.
Deposit a certified check in sufficient amount up to the total cost of construction of such improvements as shown on the site plan.
Provide the Village with a letter of credit that is of sufficient amount to cover up to 110% of the total cost of improvements as shown on the site plan.
Conditions.
The performance guaranty shall be to the Village and shall provide that the applicant, his/her heirs, successors, assigns or his/her agent will comply with all applicable terms, conditions, provisions and requirements of this article and will faithfully perform and complete the work of constructing and installing such facilities or improvements in accordance with the approved site plan.
Any such bond shall require the approval of the Village Board in consultation with the Village Attorney as to form, sufficiency manner of execution and surety.
Certified checks shall be made payable to the Village of Celoron and will be placed in an escrow account established by the Village for this purpose.
Letters of credit shall require the approval of the Village Board in consultation with the Village Attorney as to form, sufficiency, and manner of execution and shall be duly notarized.
Extension of time. The construction or installation of any improvements or facilities (except for improvements or facilities related to stormwater management and erosion and sediment control as required by § 210-51 of this chapter), other than roads, for which a guaranty has been made by the applicant in the form of a bond or certified check deposit, shall be completed within one year from the date of approval of the site plan. Road improvements shall be completed and approved by the Village Highway Superintendent within two years from the date of approval of the site plan, during which time they will be maintained in a manner consistent with the provisions of § 210-51 of this chapter. The applicant may request that the Planning Board grant him or her an extension of time to complete such improvements, provided that the applicant can show reasonable cause for inability to complete said improvements within the required time. The extension shall not exceed six months, at the end of which time the Village may use as much of the bond or check deposit to construct the improvements as necessary. The Planning Board may also grant the applicant an extension of time whenever construction of improvements is not performed in accordance with applicable standards and specifications.
Schedule of improvements. When a certified check or performance bond is issued pursuant to the preceding subsections, the Village and applicant shall enter into a written agreement itemizing the schedule of improvements in sequence with the cost opposite each phase of construction or installation, provided that each cost as listed may be repaid to the applicant upon completion and approval after inspection of such improvement or installation. However, 10% of the check deposit or performance bond shall not be repaid to the applicant until one year following the completion and inspection by the Village of all construction and installation covered by the check deposit or performance bond.
Inspections. Inspections during the installation of improvements shall be made by the Code Enforcement Officer to ensure conformity with the approved plans and specifications as contained in the contract and this article. The applicant shall notify the Code Enforcement Officer when each phase of improvements is ready for inspection. Upon acceptance, final completion of installation and improvement, the Planning Board shall issue a letter to the applicant or his/her representative that provides sufficient evidence for the release by the Village of the portion of the performance bond or certified deposit as designated in the contract to cover the cost of such completed work.
Phased development. The Planning Board may further request, subject to Village Board approval, that the applicant deposit a separate performance bond or certified check for each phase of development proposed. In this event, 10% of the check deposit or performance bond shall be withheld from the applicant until 60 days following the completion, inspection and acceptance by the Village of all construction and installation covered by such deposit. No subsequent phase of development shall be undertaken until each earlier phase has been completed and approved by the Code Enforcement Officer.
§ 210-68 Special use permits.
[Added 8-24-2009 by L.L. No. 2-2009]
The Village Board of Trustees shall have authority to issue special use permits pursuant to the provisions set forth below.
General provisions. The special uses listed in this chapter for which conformance to additional standards are required shall be deemed to be permitted uses in their respective districts, subject to the satisfaction of the requirements and standards set forth herein, in addition to all requirements of this chapter. All such uses are hereby declared to possess characteristics of such unique and special forms that each specific use shall be considered as an individual case.
Standards. The location and size of the use, the nature and intensity of the operations involved, the size of the site in relation to it, and the location of the site with respect to the existing or future streets giving access to it, shall be such that it will be in harmony with the orderly development of the district and the location, nature and height of buildings, walls and fences will not discourage the appropriate development and use of adjacent land and buildings or impair the value thereof. Operations in connection with any special use shall not be more objectionable to nearby properties by reason of noise, fumes, vibrations, or lights than would be the operations of any permitted use.
Conditions. In the granting of special use permits, the Village Board shall attach such conditions and safeguards, as it deems appropriate under this chapter. Section 210-27, Development conditions, will be referred to and used as a checklist of possible conditions to be attached to the special use permit being requested. It should not be assumed that this section is all-inclusive. A plan for the proposed development of site for designated special use shall be submitted with an application for special use permit, and plan shall show the location of all buildings, lots, parking areas, traffic access and circulation drives, open spaces, landscaping, and any other pertinent information that the Planning Board deems necessary.
Procedures. The Village Board shall act in strict accordance with procedure specified by law and by this chapter with regard to public hearings, notices, publications, etc. The Village Board shall conduct a public hearing within 62 days from the day an application is received on any matter referred to it for a special use permit. The authorized Board shall decide upon the application within 62 days after the hearing. The time within which the authorized Board must render its decision may be extended by mutual consent of the applicant and the Board. The decision of the Board on the application after the holding of the public hearing shall be filed in the Office of the Village Clerk within five business days after such decision is rendered, and a copy thereof mailed to the applicant. At least 10 days before such hearing, the Board shall mail notices thereof to the applicant and the County Planning Board or Agency or Regional Planning Council, as required by § 239-M of the General Municipal Law, which notice shall be accompanied by a full statement of such proposed action, as defined in Subdivision 1 of § 239-M of the General Municipal Law.
Existing violations. No special use permit shall be issued for a property where there is an existing violation of this chapter.
§ 210-69 Mandatory referral.
[Added 8-24-2009 by L.L. No. 2-2009]