Central Square City Zoning Code
ARTICLE II
Zoning Districts
§ 250-4 Districts established; Zoning Map.
A.
For the purposes of this chapter, the Village of Central Square is hereby divided into districts designated and known as:
R — One-Family District |
RM — Multifamily District |
RB — Residential-Business District |
C — Commercial District |
CA — Commercial Automobile Sales and Service District |
I — Industrial District |
PUD — Planned Unit Development District |
B.
The zoning districts are bounded and defined as shown on a map titled "Zoning Map of the Village of Central Square," and certified by the Village Clerk; said map, together with all explanatory matter thereon and all amendments thereto, is hereby adopted and made a part of this chapter.
C.
The Zoning Map and each amendment thereto, when duly certified, shall be filed in the offices of the Village Clerk. Certified duplicate copies of the Zoning Map shall be filed in the offices of the Code Enforcement Officer, the Zoning Board of Appeals, the Village Planning Board, and the Oswego County Office of Community Development, Tourism and Planning.
D.
Interpretation of district boundaries. Zoning district boundaries are intended to follow property lines or center lines of streets, railroads or streams or to be parallel or perpendicular thereto, unless otherwise located by appropriate reference on the Zoning Map. Where uncertainty exists with respect to the zoning district boundaries as shown on the Zoning Map, the following rules shall apply:
(1)
Where district boundaries are indicated so as to approximately follow property lines, such property lines shall be construed to be such boundaries.
(2)
Where district boundaries are so indicated that they are approximately parallel to street lines, the location of the district boundary shall be measured from the nearest parallel street line using the graphic scale on the Zoning Map, if no distance is given.
(3)
Where physical or cultural features existing on the ground are at variance with those shown on the Zoning Map or in other circumstances not covered above, the Board of Appeals shall interpret the district boundaries.
§ 250-5 R One-Family District.
A.
Intent. The R One-Family District is established to recognize areas of the Village in which one-family homes of traditional construction or appearance predominate, and to protect the integrity of these areas and the value of property through appropriate regulation of lot dimensions, yards, and accessory uses. In the R One-Family Districts no building or premises shall be used, and no building shall be erected or altered, except for one or more of the following purposes:
B.
Uses permitted:
(1)
One-family dwelling unit with not more than two boarders or lodgers.
(2)
Day-care home.
(3)
Accessory uses as follows:
(d)
Swimming pools.
(e)
Signs. In addition to the regulations contained in § 250-19 of this chapter, the following sign regulations shall be applicable in this district:
C.
Uses permitted by issuance of a special permit:
(1)
Private schools.
(2)
Public utility structures.
(3)
Religious facilities.
(5)
Bed-and-breakfast establishment, except that a total of up to two rooms/suites in the principal structure of a one-family dwelling may be rented to a roomer or operated by the resident operator as a bed-and-breakfast establishment and there shall be no additional parking spaces added that are inconsistent with the R District uses.
D.
Building height limit. No building shall be erected to a height in excess of 35 feet.
E.
Required lot depth and width. Lot depth shall be not less than 125 feet and lot width not less than 70 feet.
F.
Percentage of lot coverage. All buildings including accessory buildings shall not cover more than 30% of the area of the lot.
§ 250-6 RM Multifamily District.
A.
Intent. The RM Multifamily District is established to recognize areas of the Village in which there is a mixture of one- and two-family homes of traditional construction or appearance and multifamily dwellings of limited size. The RM District is intended to provide for a variety of types of housing, including certain types of manufactured housing. The district also is intended to include certain special types of residential uses, to recognize certain areas of the Village which are in transition from one-family uses and to control that transition. In the RM Districts no building or premises shall be used, and no building shall be erected or altered, except for one or more of the following purposes:
B.
Uses permitted:
(1)
All uses permitted in the R District, subject to all the provisions specified for the R District.
(2)
Two-family dwellings.
(3)
Multiple dwellings.
(4)
Boarding, lodging, rooming or tourist houses, but not tourist camps or cabins.
(5)
Clubs, lodges, and social and recreation centers, except those of which the chief activity is customarily carried on for gain.
(6)
Nursing or convalescent home; provided, however, that no such building shall be located within 50 feet of any adjoining lot line.
(7)
Building devoted to professional offices, provided such building does not exceed eight offices, and further provided that there shall be parking space on the lot for at least one automobile per office.
(8)
Day-care home.
(10)
Signs.
(a)
All signs permitted in the R District are permitted in the RM District.
(b)
For accessory uses, only one sign containing the name and occupation only shall be permitted. Such sign may be illuminated by a source not exceeding 150 watts and shall not be of the flashing or animated type. Such sign shall be attached at against the principal structure and shall not exceed two square feet in area.
(c)
Professional offices. One sign containing the name, occupation and directional information of each of the offices contained in a building devoted to professional offices, not exceeding two square feet for each of the offices therein; provided, however, if there are separate outside entrances to any of the offices, a separate sign not exceeding two square feet for each of the offices using the separate outside entrance is also permitted.
D.
Building height limit. No building shall be erected in excess of 35 feet; provided, however, that this height limit shall be increased one foot for each additional foot that each yard exceeds the minimum required.
E.
Required dwelling unit size. Each dwelling unit shall have an area of not less than 800 square feet.
F.
Percentage of lot coverage. The principal building and accessory buildings on any lot shall not cover more than 40% of the area of such lot.
§ 250-7 RB Residential-Business District.
A.
Intent. The intent of establishing this district is to encourage, in areas where highways are designed to handle traffic volumes greater than those generated on residential streets, the continuation of the existing one- and two-family uses while allowing for an orderly transition of appropriate properties to certain unobtrusive commercial uses which are to be regulated in such a manner as to maintain and preserve the residential appearance of existing buildings as well as requiring that new structures blend with the residential character of the neighborhood. It is also the intent of this zoning classification to encourage the preservation of historic structures.
B.
Uses permitted.
(1)
All uses permitted in the R District, subject to all the provisions specified for the R District.
(2)
Two-family dwellings; provided, however, that each dwelling unit shall contain not less than 800 square feet of habitable space as defined in the Uniform Code.
(4)
Uses permitted subject to site plan review:
(a)
Offices of religious and educational institutions.
(b)
Professional offices.
(c)
Funeral homes.
(d)
Day-care centers.
(e)
Teaching of music, dance or other similar types of instruction when limited to five pupils at a time.
(f)
Bed-and-breakfast establishment.
(g)
Dressmakers.
(h)
Decorators.
(i)
Photographers.
(j)
Art studios.
(k)
Beauty/barbershops.
(l)
Libraries.
D.
Percentage of lot coverage. For the purposes of this district, lot coverage shall include the service area of a lot used for parking or access to parking, such as driveways and aisles, as well as buildings and structures. The maximum permitted coverage on a lot used as a single-family dwelling shall be 30%. For all other permitted uses the maximum permitted coverage shall be 35%.
E.
Yards required.
(1)
Front yard: 35 feet.
(2)
Rear yard: 50 feet.
(3)
Side yards: 15 feet.
(4)
For lots with less than 150 feet in lot frontage on the effective date of this section, the fifteen-foot minimum required for each side yard shall be reduced one foot for each 10 feet by which the lot fails to meet the minimum lot frontage requirements. No side yard shall be less than 10 feet.
F.
Building height limit. No building shall be erected in excess of 35 feet.
G.
Transitional regulations. The Village Planning Board may, in its review of the site plan, require any part or all of the buffering as set forth in § 250-28 of this chapter to protect the surrounding properties.
H.
Parking. All new nonresidential uses reviewed under this section shall provide a minimum of one parking space for every 200 square feet of floor area. The Village Planning Board may require additional parking spaces whenever, in its judgment, additional spaces are warranted for the comfort, convenience, safety, health or welfare of the community.
I.
Signs. The Village Planning Board, when reviewing a site plan in the RB District, may permit one sign having a maximum area of four square feet. No other signs are permitted, excepting those in § 250-19.
J.
Applicability. All structures in the RB District built subsequent to the effective date of this section and any major alterations in the exterior appearance of structures already in existence on the effective date of this section shall be subject to site plan review by the Village Planning Board and shall be of a design and style that replicates a traditional single-family home in its exterior appearance and shall be compatible with the style and type of structures in the neighborhood including front yard setbacks.
§ 250-8 C Commercial District.
A.
Intent. The C Commercial District is intended to recognize and control the change from residential to auto-related commercial activities which is taking place along the major approaches to downtown. This change, if allowed to continue unregulated, could affect business in the downtown area and create undesirable traffic flow conditions. C Commercial District regulations are meant to provide appropriate areas for controlled highway-commercial business expansion and to provide relief from nuisance conditions by requiring large lots, setbacks and off-street parking. In the C Commercial Districts no building or premises shall be used and no building shall be erected or altered, except for one of the following uses:
B.
Uses permitted with site plan review:
(1)
All uses permitted in any residential district subject to all the provisions specified for such residential districts.
(2)
Retail stores and shops.
(3)
Personal service shops.
(4)
Community services.
(5)
Clubs and lodges.
(6)
Banks.
(7)
Theaters.
(8)
Offices.
(9)
Restaurants.
(10)
Professional and business offices.
(11)
Wholesale offices and salesrooms.
(12)
Hotels and auto courts.
(13)
Parking lots, public and private, but not including the storage of vehicles on any part thereof.
(14)
Commercial garages.
(15)
Automobile gasoline sales facilities.
(16)
Religious facilities.
(17)
Private schools.
(18)
Drive-through facilities.
D.
Building height limit. No building shall be erected in excess of 35 feet.
E.
Lot area required. The lot area shall not be less than 1/4 acre, and lot width shall not be less than 100 feet. The lot area shall not be less than one acre and lot width shall not be less than 200 feet for lots fronting along arterial roads.
F.
Yards required.
(1)
Front yard: 35 feet.
(2)
Each side yard shall be a minimum of 10 feet; however, any lot bordering on a residential district shall have a side yard of 25% of the width of the lot adjacent to the district.
(3)
Rear yard shall be a minimum of 10 feet; however, any lot bordering on a residential district shall have a rear yard of 25% of the depth of the lot.
§ 250-9 CA Commercial Automobile District.
A.
Intent. The Village recognizes that motor vehicle service and repair as defined in this chapter are an essential element of the community that must be readily available to the driving public and are beneficial to the safety and welfare of its citizens. The purpose of the Commercial Automobile District is to ensure that these facilities are located in areas that are readily available and in general harmony with the adjacent neighborhood or district. Proposed development and new land use within the CA Commercial Automobile District shall comply with the provisions of this section and all other applicable provisions of this chapter.
B.
Uses permitted with site plan review:
(1)
Banks and financial services.
(2)
Business support services.
(3)
Offices.
(4)
Research and development facilities.
(5)
Auditoriums, meeting halls and theaters.
(6)
Commercial amusement facilities.
(7)
Equipment repair and maintenance training.
(8)
Indoor recreation facilities.
(9)
Religious facilities.
(10)
Auto parts sales.
(11)
Retail stores.
(12)
Veterinary clinics and animal hospitals.
(13)
Parking facilities.
(14)
Funeral homes.
(15)
Trade school/occupational school.
C.
Uses permitted upon issuance of a special permit by the Planning Board:
D.
Building height limit. No building shall be erected in excess of 30 feet.
E.
Lot area required. The lot area shall not be less than 1/4 acre, and lot width shall not be less than 100 feet. The lot area shall not be less than one acre and lot width shall not be less than 200 feet for lots fronting along arterial roads; except that automobile sales and repair facilities shall be a minimum of two acres and have a minimum 200 feet lot frontage.
F.
Yards required.
(1)
Front yard: 35 feet.
(2)
Each side yard shall be a minimum of 10 feet; however, any lot bordering on a residential district shall have a side yard of 25% of the width of the lot adjacent to the district.
(3)
Rear yard shall be a minimum of 10 feet; however, any lot bordering on a residential district shall have a rear yard of 25% of the depth of the lot.
G.
Transitional regulations. Where a commercial use in a commercial district abuts a residential district, it shall be screened by a buffer area in accordance with the requirements of § 250-28 of this chapter, not less than 10 feet in depth composed of densely planted evergreen shrubbery, solid fencing, or a combination of both which, in the opinion of the Planning Board, will be adequate to prevent the transmission of headlight glare across the district boundary line. Such buffer screen shall have a minimum height of six feet above finished grade at the property line. The materials shall be in keeping with the character of the adjacent residential area.
H.
Minimum area. The CA Commercial Automobile Sales and Repair District shall have a minimum area of two acres for any automobile-related use.
I.
Development standards, automobile sales and repair businesses.
(1)
A site-constructed structure, in compliance with the Uniform Code, of at least 7,500 square feet shall be provided for offices, repair facilities and/or retail space for new and used automobiles, other vehicles or recreational vehicles and boats. Automobile fueling stations may meet this requirement by including the square footage of the canopy area covering the fuel islands. No premanufactured structures, including commercial coaches or trailers, shall be allowed as fulfilling this requirement.
(2)
No portion of the use, excluding required screening and landscape buffers, shall be located within 50 feet of an R District or structure containing a dwelling unit.
(3)
Outdoor display shall be designated on an approved site plan and special permit and shall be prohibited in any off-street parking or loading areas, fire lanes, sidewalks, buffers, yards and landscaped areas used to meet the requirements of this chapter. The use of outdoor display ramps and stands is prohibited, except where specifically authorized by special permit.
(4)
Outdoor display shall be limited to the vehicles or equipment sold on the property. No other outdoor display of any other goods or merchandise, including parts, shall be permitted.
(5)
All vehicle maintenance, repair or services shall be conducted within a completely enclosed building.
(6)
Outdoor storage, including temporary storage of vehicles on-site for maintenance, repair, or service, shall be permitted in accordance with the approved site plan.
(7)
The outdoor sales area shall be surfaced with asphalt, Portland cement pavement, permeable pavers or other such surface providing an all-weather durable and dustless surface and shall be graded and drained to dispose of surface water accumulations by means of a positive stormwater drainage system, in accordance with Chapter 210 of this Code. A perimeter curb or barrier must be provided to prevent encroachment of the vehicles for sales into the required setback and landscaped areas.
(9)
All outdoor lighting shall be directed so it does not shine or spill onto adjacent properties.
(10)
Adequate customer parking must be provided in off-street parking spaces in accordance with § 250-25 of this chapter.
(11)
In addition to requirements of § 170-1 (Noises and disturbances), amplification systems repair or servicing noise shall not create a nuisance for adjacent residential zoning districts.
(12)
All vehicles and equipment must be in operational conditions or stored within a building.
(13)
Except as otherwise required by law, any motor vehicle sales facilities legally established prior to the adoption date of this section may be maintained unchanged. In other than criminal proceedings, the owner, occupant or user shall have the burden to show that the motor vehicle sales facility was lawfully established. Any expansion or extension of the use onto a contiguous parcel of land shall comply with the provisions of this section.
(14)
Transitional regulations. The Village Planning Board, in its review of the site plan, will require any part or all of the buffering set forth in § 250-28 of this chapter to protect the surrounding properties.
(15)
Fees for a special permit shall be established by resolution of the Village Board of Trustees in the Village Fee Schedule.
§ 250-10 I Industrial District.
A.
The Industrial District is intended to provide for the economic development of the Village area through setting aside developable lands served by Village water and sewerage systems which are close to major transportation routes and which are not close to existing, high-density residential areas.
B.
Uses permitted with site plan review: enclosed manufacturing industries that are not noxious or injurious by reason of the production or emission of dust, smoke, refuse matter, odor, gas, fumes, noise, vibration or similar substance or conditions; provided, however, that any such uses shall be permitted if approved by the Village Planning Board, subject to the securing of a permit therefor and to such conditions, restrictions and safeguards as may be deemed necessary by the Village Planning Board for the purpose of protecting the health, safety, morals and general welfare of the community.
C.
Prohibited uses. The following uses are prohibited in an I Industrial District:
(1)
Acetylene gas manufacturing or bulk storage of ammonia, bleaching powder or chlorine manufacturing, and asphalt manufacturing or refining;
(2)
Celluloid manufacturing, treatment or storage;
(3)
Fertilizer manufacture and bone grinding, slaughterhouse, and reworks or explosive manufacturing or storage;
(4)
Gasoline, naphtha or petroleum refining or bulk storage, and storage and/or refining or conversion of hazardous waste;
(5)
Bulk storage of flammable medical gas or hydrogen or wholesale chemical storage;
(6)
Junk, scrap metal, automobile salvage and similar uses;
(7)
Rubber reclaiming plants, smelters, blast furnaces, or coke ovens, and tanning, curing or storage of raw hides or skins;
(8)
Businesses or processes that might emit radio wave interference;
(9)
Paint and varnish manufacture; and
(10)
Outdoor storage of equipment or products, except when screened as required by the Planning Board during site plan approval.
D.
Building height limit. No building shall be erected in excess of 35 feet.
E.
Yards required.
(1)
Front yard: not less than 25 feet in depth.
(2)
Side yards shall be not less than 10 feet each; however, any lot bordering on a residential district shall have a side yard not less than 20% of the width of the lot.
(3)
Rear yard bordering on a residential district shall have a rear yard of 25% of the depth of the lot.
(4)
Lot width: 60 feet minimum.
(5)
Minimum lot size: as needed to comply with setback, open space, lot coverage and off-street parking regulations.
F.
Maximum lot coverage: 50%.
§ 250-11 PUD Planned Unit Development District.
A.
The purpose of the PUD District is to provide flexible land use and design regulations through the use of performance criteria so that small- to large-scale neighborhoods or portions thereof can be developed in a way that incorporates a variety of residential types and appropriate nonresidential uses which are planned and developed as a unit. A further purpose of the PUD is to ensure that such development is consistent with the community character goals as established in the Village of Central Square Comprehensive Plan. Use and dimensional specifications elsewhere in this chapter are herein replaced by an approval process in which an approved plan becomes the basis for continuing land use decisions within that district.
B.
Objectives of planned unit development (PUD).
(1)
In order to carry out the intent of this section and the stated purposes of the PUD, a planned unit development shall strive to achieve the following objectives:
(a)
Preservation of the unique traditional characteristics of the Village of Central Square through the use of appropriate architectural and landscape siting and design.
(b)
Preservation of trees, environmentally sensitive sites, outstanding natural topography and geological features while minimizing soil erosion and detrimental surface drainage.
(c)
Preservation of historic areas and maintenance of adequate greenspace and recreational areas.
(d)
Provision for adequate infrastructure with respect to transportation, utilities, recreational facilities and community services so as to avoid a negative impact on the nature of the existing community.
(e)
Opportunities for mixed-use development consisting of residential and small neighborhood-scale businesses. Businesses are designed to serve the local residents and shall augment other business locations within the Village of Central Square.
(2)
The standards of this section provide the Village Board of Trustees and Planning Board with a means to evaluate applications for a PUD consistent with the provisions and general intent of this chapter and the Comprehensive Plan of the Village.
C.
Uses permitted with subdivision review, site plan review or special permit (as appropriate) shall be any use not identified as prohibited herein and determined to be appropriate by the Village Board.
D.
Uses prohibited. The following uses are prohibited in a Planned Unit Development District:
(1)
Acetylene gas manufacturing or bulk storage of ammonia, bleaching powder or chlorine manufacturing, and asphalt manufacturing or refining;
(2)
Celluloid manufacturing, treatment or storage;
(3)
Fertilizer manufacture and bone grinding, slaughterhouse, and reworks or explosive manufacturing or storage;
(4)
Gasoline, naphtha or petroleum refining or bulk storage, and storage and/or refining or conversion of hazardous waste;
(5)
Bulk storage of flammable medical gas or hydrogen or wholesale chemical storage;
(6)
Junk, scrap metal, automobile salvage and similar uses;
(7)
Rubber reclaiming plants, smelters, blast furnaces, or coke ovens, and tanning, curing or storage of raw hides or skins;
(8)
Businesses or processes that might emit radio wave interference; and
(9)
Paint and varnish manufacture.
E.
Standards for planned unit developments.
(1)
Density. The Village Board shall determine in each case the appropriate land use intensity and/or dwelling unit density for individual PUD projects. The minimum parcel size to be considered as a PUD shall be 15 acres. The determination of land use intensity or dwelling unit density shall be thoroughly documented, including all facts, opinions and judgments justifying the selection.
(2)
Minimum yards required for permitted residential uses shall be consistent with those required for the R District.
(3)
Maximum building and impervious surface coverage: 40% (of any single lot or of the net acreage of the district as a whole).
(4)
Maximum height of structures: 35 feet.
(5)
Greenspace. An area not less than a minimum of 20% of the gross development area shall be developed and maintained as common open space. Such common open space shall be developed for active recreation (with facilities) or sitting areas (with facilities) or bicycle, walking or horse trails (marked by developed paths) or undeveloped wooded areas (cleared of underbrush) or any other proposed uses found appropriate by the Village Board. Infrastructure, such as roads, sidewalks, stormwater detention ponds, and parking areas, is not considered open space.
(7)
All signage, landscaping, street design, and parking standards pursuant to applicable Village zoning and subdivision laws shall be met.
(8)
Off-street parking and loading. Off-street parking requirements and loading requirements shall in accordance with § 250-25, except that there shall be no parking or lading in required yards or paving except for concrete walkways; no loading areas shall be visible from a street.
(9)
Water and sewer. All water and sewer systems shall be connected to the municipal system and shall be designed in accordance with the provision of the appropriate chapters of the Village of Central Square Municipal Code and subject to approval by the Village Engineer.
(10)
Drainage and erosion control. Stormwater drainage facilities shall be designed to transport and detain flows anticipated for a twenty-four-hour storm of the twenty-five-year intensity without any increase in peak flow rates leaving the parcel being developed. Both temporary and permanent sediment and erosion control measures, designed in accordance with the New York State Guidelines for Urban Erosion and Sediment Control, shall be implemented. All drainage and sediment and erosion control designs and completed work shall be subject to approval by the Village Engineer. It is recognized that during the initial development of a Planned Unit Development Industrial District many of the details on the development of individual parcels within the district will be unknown. The developer of the Planned Unit Development Industrial District will be required, as a minimum, to provide drainage and erosion and sediment control measures sufficient for the proposed initial development activities. In addition, the drainage and sediment and erosion control plans shall provide for expansion as the Planned Unit Development Industrial District develops. The developer is encouraged to recognize that inadequate provisions for drainage or erosion and sediment control in the initial development could add costs and/or restrictions if significant additional provisions for drainage or erosion and sediment control were needed on individual parcels.
F.
Planned unit development approval standards. The Village Board shall consider and make findings regarding each of the following factors in legislating any planned unit development:
(1)
Compatibility with the surrounding area;
(2)
Harmony with the character of the neighborhood and with the traditional character of the Village of Central Square;
(3)
Need for the proposed development;
(4)
The effect of the proposed planned unit development upon the immediate area;
(5)
The effect of the proposed planned unit development on the future development of the area;
(6)
Whether the planned unit development is warranted by virtue of the design and amenities incorporated into a proposed development plan;
(7)
Whether the proposed planned unit development is in conformance with the Comprehensive Plan;
(8)
That the existing and proposed streets are adequate to carry anticipated traffic in and around the proposed district;
(9)
That the existing and proposed utility services are adequate for the proposed development; and
(10)
That the planned unit development makes it possible for the creation of a more creative, innovative, and efficient use of the property than would occur over the existing land use regulations.
G.
Summary of review procedure.
(1)
Village Board approval. The establishment of a planned unit development in the Village of Central Square is a legislative act, similar to a rezoning. As a consequence, the establishment of a planned unit development requires the approval of the Board of Trustees of the Village of Central Square. Because the establishment of a planned unit development is a legislative act, the Board of Trustees of the Village of Central Square has the same amount of discretion in deciding whether to adopt a planned unit development proposal as it does for any other legislative act. The Village Board of Trustees may adopt a planned unit development only if it complies with the standards set forth above and is in accordance with the letter and spirit of the adopted Comprehensive Plan of the Village of Central Square.
(a)
The Village Board of Trustees must also find that the property proposed for a planned unit development is 15 acres or more in size and that the land is under single ownership, or that all owners are jointly applicants. Additionally, creation of a planned unit development is subject to the State Environmental Quality Review Act (Article 8 of the New York State Environmental Conservation Law).
(b)
The Village Board of Trustees shall, prior to establishing a planned unit development, submit such proposal to the Village of Central Square Planning Board and receive a recommendation from said Board. The Planning Board's review at this time shall not be a full site plan or subdivision review but oriented to whether such proposed PUD is consistent with the Comprehensive Plan of the Village and should be established. The Village Board may also, at its discretion, consult with any engineer, attorney, planner, or other such professional at the applicant's expense.
(c)
The Village Board of Trustees may, after receiving a recommendation from the Planning Board, approve the general outline of the proposed PUD. This approval shall include establishment of the uses and densities that are allowable in the planned unit development as well as whether they are permitted uses or uses subject to special use permits and site plan approval.
(2)
Planning Board review. The adoption of a planned unit development by the Village Board of Trustees does not constitute subdivision, site plan or special permit approval. Once the general development plan of the PUD is approved, it is then the responsibility of the Planning Board to approve site plans, subdivisions, and special use permits (if applicable) for the approved plan.
(3)
Application requirements. The application for a planned unit development and 10 copies shall be submitted to the Village Clerk at least 20 business days before the next meeting of the Village Board of Trustees. The application shall consist of the following:
(a)
A site map (drawn to scale) showing the entire parcel of land proposed for the planned unit development, the location of proposed uses and major buildings, the proposed development density, proposed uses and housing types (if applicable), layout of roads, location of all entrances to the planned unit development parcel of land, and all proposed open spaces. Specifically, it shall show:
[1]
General topographical and subsoil conditions, nearby historic and/or public areas, and existing natural features and identify adjacent properties and their ownership.
[2]
Proposed lot lines, land use areas, tree lines, natural features to be preserved, proposed traffic circulation (vehicular and pedestrian), ingress and egress, including identification of existing public roads to be utilized, approximate parking and loading areas, and accommodations for emergency vehicles.
[3]
Existing structures, existing utilities and deeded rights-of-way.
[4]
Proposed landscaping and greenspace plan.
[5]
Schematics of typical structures proposed.
[6]
Proposed utilities (public or private), including electric, water supply, sewer and stormwater drainage facilities to be constructed (below-grade utility corridors preferred).
[7]
Proposed construction sequence (phasing) for buildings, recreation areas and green space.
[8]
Proposed PUD name and proposed street names.
[9]
The names and addresses of all applicants.
[10]
Current zoning district(s) in which the land is currently located.
[11]
Surrounding land use for a distance of 500 feet in all directions.
(b)
A narrative and illustration describing the design and architectural policies for the planned unit development, the developer's proposed treatment of environmentally sensitive lands (if any), and a time frame for phased development (if applicable).
(c)
A completed application form supplied by the Village.
(d)
A completed environmental assessment form (EAF) Part 1.
(e)
Legal description of the property to be developed.
(4)
Review of application. The Village Board of Trustees may engage experts, including but not limited to professional planners, architects, attorneys and engineers, in reviewing the planned unit development proposal. The reasonable expense of engaging such experts shall be charged to the applicant.
(5)
Within 45 days of receipt of the application, the Village Board shall refer the application, sketch plan and EAF to the Village Planning Board. The Planning Board will forward a copy of the application, sketch plan and EAF to the Oswego County Planning Board pursuant to General Municipal Law § 239-m. However, if the Village Board determines that the proposal does not merit review because it does not meet the objectives of this chapter or the Village's Comprehensive Plan, it shall so notify the applicant and shall not refer the application to the Planning Board or the County Planning Board, and no further action on the application shall be taken.
(6)
Planning Board procedures. The Planning Board shall provide to the Village Board of Trustees an advisory opinion on the proposed planned unit development after receiving a complete application for a planned unit development within 45 days following the Planning Board's receipt of the planned unit development application. Alternatively, the Planning Board may request additional information reasonably related to the planned unit development application. If the Planning Board requests additional information, it's time to render an advisory opinion is extended to 45 days following receipt of such additional information. The time of receipt of such information shall be deemed to be the date of the regular meeting following submission of the information to the Planning Board.
(7)
Public hearing. The Village Board of Trustees shall not vote to approve a planned unit development until it has held at least one public hearing on the application following the submission of a complete application and receipt of the Planning Board's recommendations on the application.
(8)
Adoption of planned unit development. The Village Board of Trustees shall act on an application to establish a planned unit development within 90 days following receipt of the Planning Board's recommendations. The date of receipt of the Planning Board's recommendations shall be deemed to be the first regular meeting of the Village Board of Trustees following the Village Clerk's receipt of the Planning Board's recommendations. The failure of the Village Board of Trustees to act on a planned unit development application within this period shall not be deemed to constitute a default approval of the application. The Village Board of Trustees may adopt a planned unit development only after following the procedures described above and making written findings regarding each of the standards set forth above for adoption of a planned unit development. The approval shall include a list of permitted uses, special use permitted uses and uses requiring site plan review and any other minimum land use standards that the Village Board of Trustees deems appropriate.
H.
Filing fees and reimbursable costs. The filing fees shall be as established by the Board of Trustees in the Fee Schedule on file in the office of the Village Clerk. Reimbursable costs shall include all costs by the Village for consultation fees and other extraordinary expenses in connection with the review of a proposed Planned Unit Development District and shall be a charge to the applicant. A deposit to cover the estimated costs shall be required; in the event the deposit exceeds the actual consultation fees or other expenses, the excess shall be returned to the applicant within 90 days after final decision by the Village Board. If the deposit is not sufficient to cover the consultation costs, the applicant shall be required to pay the additional amount before any development is commenced.
I.
Role of the Planning Board after adoption of a planned unit development. The Planning Board's role after adoption of a planned unit development by the Village Board of Trustees is to review site plans, subdivisions, and special use permits for uses in the planned unit development pursuant to the requirements for those approvals specific to the Planned Unit Development District, the applicable provision of this chapter and in the Village of Central Square Subdivision Law.[2]