Clayton Village City Zoning Code
ARTICLE VIII
Planning Board Review
§ 132-32 Purpose.
It is the purpose of this article to promote the health, safety, and general welfare of the Village through project review. A clean, wholesome, attractive environment is declared to be of importance to the health and safety of the inhabitants of the Village, and in addition, such an environment is deemed essential to the maintenance and continued development of the economy of the Village and the general welfare of its inhabitants. It is intended for the Planning Board to attach reasonable safeguards and conditions to those uses that might otherwise produce deleterious effects on the environment, the rural and scenic character of the Village or the Village residents' health, safety and welfare.
§ 132-33 Site plan review.
A.
Authority. Pursuant to authority delegated in accordance with § 7-725-a of the Village Law of the State of New York, the Village Board hereby authorizes the Planning Board to review and approve, approve with modification or disapprove site plans.
B.
Applicability. Site plan review uses shall be controlled by the regulations in this article in addition to the regulations that apply in each district or for specific uses. No zoning permit or certificate of compliance shall be issued for any use or structure requiring site plan review until approval has been granted by the Planning Board. Expansions, additions, or changes to an existing site plan review use require a new site plan review.
§ 132-34 Special use permits.
A.
Authority. Pursuant to authority delegated in accordance with § 7-725-b of the Village Law of the State of New York, the Village Board hereby authorizes the Planning Board to grant special use permits as set forth in this chapter.
B.
Applicability. Uses requiring a special use permit shall be controlled by the regulations in this article in addition to the regulations which apply in each district or for specific uses. No zoning permit or certificate of compliance shall be issued for any use or structure requiring a special use permit until approval has been granted by the Planning Board. Expansions, additions, or changes to an existing special use requires a new special use permit.
§ 132-35 Application requirements.
A.
Application fee.
(1)
All Planning Board review applications shall be accompanied by a check, cash or money order for a fee in an amount that shall be set annually by the Village Board of Trustees, payable to the Village of Clayton. This fee is not refundable and is to cover the cost of advertising, stenographic fees, transcripts, inspection by the Code Officer and other administrative expenses not provided for below.
(2)
Costs incurred by the Planning Board or Board of Trustees for consultation fees, such as legal and engineering fees, or other out-of-pocket expenses in connection with the review of a proposed project shall be passed on to the applicant on a contractual basis or hourly rate as charged by the consultant. The Village, in its discretion, may require our applicant to deposit and maintain a designated sum in escrow with the Village, for the Village's use to pay to professionals or consultants which the Planning Board deems necessary or appropriate to assist in its review of the application. The Village shall make the determination of the applicability of an escrow fund and the amount to be maintained therein on a case-by-case basis.
(3)
All fees shall be submitted before the application is considered complete.
B.
Waiver of application requirements. The Planning Board is empowered to waive, when reasonable, any application requirements for the approval, approval with modifications or disapproval of site plans or special use permits submitted for approval. Such waiver may be exercised in the event requirements are found not to be requisite in the interest of the public health, safety or general welfare and inappropriate to a particular site plan or special use permit. The reasons for, and the scope of any such waiver granted by the Planning Board shall be in writing and entered into the minutes of the Board.
C.
Application submittal data. An application for project review shall be made on forms prescribed by the Village and include a site plan at a scale approved by the Planning Board. Five copies, minimum, of all materials shall be submitted to the Board by the applicant. Extra copies as may be deemed necessary by the Planning Board may be required. The following information shall be required of all applications, unless specifically waived by the Planning Board:
(1)
Name and address of applicant and owner, if different, and of the person responsible for the preparation of such drawing;
(2)
Date, North arrow, written and graphic scale;
(3)
Boundaries of the area plotted to scale, including distances, bearings, and areas;
(4)
The current zoning classification of the property, including the exact zoning boundary if in more than one district;
(5)
A complete outline of existing or proposed deed restrictions or covenants applying to the property;
(6)
Location and ownership of all adjacent lands as shown on the latest tax records;
(7)
A written description of all proposed uses and activities on the site, including the number and distribution by type of all dwelling units;
(8)
Location, name, and existing width and right-of-way of adjacent roads, including traffic circulation patterns;
(9)
Location, width, and purpose of all existing and proposed easements, setbacks, reservations, and areas dedicated to public use adjoining the property;
(10)
Location, size, and design of the following: existing and proposed buildings, driveways, parking and loading areas, outdoor storage areas, sewage facilities, water facilities, snow storage areas, docks, walls and fences, energy distribution facilities, fire lanes, hydrants, and other emergency zones;
(11)
Provisions for safe pedestrian access and movement;
(12)
Information on location and types of lighting proposed; a photometric plan should be provided;
(13)
A landscaping plan and planting schedule;
(14)
A list of all necessary reviews and permits required from federal, state, or county agencies;
(15)
Plans for controlling soil erosion and sedimentation during construction;
(16)
Plans for grading and stormwater facilities showing existing and proposed contours at five-foot intervals;
(17)
Significant or outstanding natural features of the property (e.g., wetlands, streams, high-water lines, cliffs, dense vegetation, etc.);
(18)
Designation of the amount of gross floor area and gross leasable area proposed for each nonresidential use;
(19)
Project construction schedule and staging phases, if applicable;
(20)
An environmental assessment form (EAF) or draft environmental impact statement (EIS), pursuant to 6 NYCRR Part 617, where required;
(21)
An agricultural data statement, pursuant to Village Law § 7-739, when applicable;
(22)
A statement with the name, address and the nature and extent of the interest of any state employee, or any officer or employee of the Village or the County of Jefferson in the application pursuant to General Municipal Law § 809, when applicable;
(23)
Other elements integral to the proposed development as considered necessary by the Planning Board including identification of any federal, state, or county permits required for the project's execution;
(24)
Description of traffic generation and on-site circulation. A traffic study may be required by the Planning Board;
(25)
Floodplain boundaries shown if applicable;
(26)
Provide information that the Village of Clayton's Local Waterfront Revitalization Program policies are being followed. A waterfront assessment form shall be completed when necessary.
§ 132-36 Procedure.
A.
Presubmission conferences. The applicant is encouraged to request and attend a presubmission conference with the Planning Board prior to formal submission of an application. This conference may be used to discuss conceptual drawings, proposed uses, the possible waiver of submission requirements, the review procedure and the criteria that the project must meet.
B.
Complete application submission. An application is considered complete when the information required in § 132-35C has been formally accepted by the Planning Board at a public meeting of the Board.
C.
Public hearing. The Planning Board shall have a maximum of 62 days once a completed application has been formally accepted by the Board to hold a public hearing on the application to entertain public comment. This time period may be extended upon the mutual consent of the Planning Board and the applicant.
D.
Public hearing notice. Notice of the public hearing shall be provided as follows:
(1)
Written notice shall be mailed to the owners of all parcels adjacent to the applicant's property. The notice shall be mailed by first-class U.S. mail to the property owner's address as appearing on the latest completed assessment roll for the Village of Clayton, and shall be postmarked not less than 10 days prior to the date of the public hearing.
(2)
Written notice of the public hearing shall be published in the official newspaper of the Village of Clayton not less than five days prior to the date of the public hearing.
(3)
Signboards containing the notice of public hearing as provided in this subsection shall be posted by the Code Officer on the applicant's property not less than 10 days prior to the date of the public hearing. The sign shall be constructed as a sandwich board not less than 20 inches by 30 inches consisting of all-weather cardboard stock with black print lettering not less than the height identified in Subsection D(4) below. A minimum of one signboard shall be placed on each side of the subject premises facing a public street on which the property abuts. The signboard shall be erected not more than 10 feet from the road right-of-way and not less than two feet nor more than six feet above grade at the property line. The signboards shall be displayed continuously for a period not less than 10 days immediately preceding the date of the public hearing.
(4)
The signboard shall contain, at a minimum, the following information, with lettering size as indicated:
Information | Size (inches) | |
|---|---|---|
Notice of Public Hearing | 3 | |
Pursuant to § 132-36 of the Code of the Village of Clayton | 1 1/4 | |
The Joint Town/Village of Clayton Planning Board/ZBA | 1 1/4 | |
Special Use Permit/Site Plan Application/Area Variance/Use Variance/Interpretation | 1 1/4 | |
(Date) at (Time) | 1 1/4 | |
Town of Clayton Offices, 405 Riverside Drive, Clayton, NY 13624 | 1 1/4 | |
For more information, please call (315) 686-3512 | 1 1/4 |
(5)
In addition to any other application fee required to be paid by the Village of Clayton, the applicant shall, at the time of application, pay to the Village of Clayton a fee in an amount determined annually by the Board of Trustees of the Village of Clayton to offset the cost of preparing and posting the signs. In the event that the Board of Trustees fails to establish a fee on any given year, the fee established in the immediately preceding year shall continue to apply.
(6)
Notwithstanding any provision to the contrary contained herein, the Code Officer shall have the authority to schedule public hearings before the Joint Town/Village of Clayton Planning Board to consider site plan applications or other matters within the jurisdiction of the Joint Town/Village of Clayton Planning Board upon the determination of the Code Officer that a proper application has been received and is therefore complete.
(7)
The notice shall also be mailed to any farm operations listed on the agriculture data statement.
E.
County Planning Board review.
(1)
Pursuant to General Municipal Law § 239-m, at least 10 days before the hearing, or where the hearing has been waived, before final action, the Planning Board shall refer all site plan reviews or special use permits to the County Planning Board that fall within 500 feet of the following:
(a)
The boundary of the Village;
(b)
A state or county park or recreation area;
(c)
A state or county highway or expressway;
(d)
A state- or county-owned drainage channel;
(e)
State or county land where a public building or institution is located; or
(f)
The boundary of a farm operation located within an agricultural district.
(2)
If the County Planning Board does not respond within 30 days from the time it received a full statement on the referral matter, then the Planning Board may act without such report. However, any County Planning Board report received after such 30 days but two or more days prior to final action by the referring body shall be subject to the provisions of an extraordinary vote upon recommendation of modification or disapproval. If the County Planning Board recommends modification or disapproval of a proposed action, the referring board shall not act contrary to such recommendation except by a vote of a majority plus one of all the members.
F.
State environmental quality review. The Planning Board shall be responsible for the completion of an environmental assessment form (EAF) for each application, and for compliance with 6 NYCRR Part 617 (State Environmental Quality Review Act regulations) in cooperation with other involved agencies in the review of any application. The Planning Board shall complete its environmental review and make an environmental determination prior to final action on the application.
G.
Final decision. The final decision by the Planning Board must be made within 62 days following the close of the public hearing. The decision shall be in writing, specifying any conditions that may be attached to an approval, the reasons that the Planning Board approved, approved with modifications or disapproved the proposal, and the motions/vote of the Planning Board. This time period may also be extended upon the mutual consent of the Planning Board and the applicant.
H.
Filing of decision. All decisions shall be filed in the office of the Village Clerk within five business days of final action, and a copy mailed to the applicant. Within 30 days of final action on any matter referred to the County Planning Board, the Planning Board shall file a report of the final action with the County Planning Board.
I.
Conditions on approval. In its approval, the Planning Board shall have the authority to impose such reasonable conditions and restrictions on the issuance of a zoning permit for the application as are directly related to and incidental to a proposed site plan. Upon approval of the project, any such conditions must be met in connection with the issuance of permits by applicable code officers of the Village.
J.
Area variance. Notwithstanding any provisions of law to the contrary, where a proposed project contains one or more dimensional or physical features which do not comply with the zoning law, application may be made to the Zoning Board of Appeals for an area variance without the necessity for a decision or determination of the Code Officer.
K.
Expiration of site plan reviews and special use permits. Site plan review and special use permit approvals shall expire one year from the date of issue unless significant progress has been made with the project. An extension may be allowed by the Planning Board upon proof of necessity submitted by the applicant due to conditions unusual or beyond the control of the applicant.
L.
Abandonment of use requiring site plan review or special use permit. A use determined to be abandoned by the Code Enforcement Officer shall be required to meet the requirements of the zoning district where it is located before a use can be approved. A use is considered abandoned if there has been no activity relating to the approved use for a period of two consecutive years.
§ 132-37 General review criteria for site plan uses and special use permits.
A.
General site arrangement: the location, arrangement, size, design and general site compatibility of buildings, lighting and signs with respect to the site and adjacent development.
B.
Vehicular traffic: the adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers and traffic controls. There shall not be more than one vehicular entrance and exit per commercial establishment upon any individual public thoroughfare, and the distance between the entrance and the exit center lines, if separated, shall be not less than 25 feet in any instance.
C.
Off-street parking: the location, arrangement, appearance and sufficiency of off-street parking and loading.
D.
Pedestrian traffic: the adequacy and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular traffic and overall pedestrian conveniences.
E.
Stormwater: the adequacy of stormwater and drainage facilities.
F.
Water and sewer: the adequacy of water supply and sewage disposal facilities and any proposed charges to pay a portion of the cost of the capital improvement to water and sewer facilities, whether already expended or necessitated by the extent of the new proposed development.
G.
Landscaping and buffer: the adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or noise buffer between the applicant's and adjoining lands, including the maximum retention of existing vegetation.
H.
Fire lanes: the adequacy of fire lanes and other emergency zones and a provision for fire hydrants.
I.
Stormwater: special attention to the adequacy and impact of structures, roadways and landscaping in the areas of susceptibility to ponding, flooding and/or erosion.
J.
Waterfront concerns: the location and arrangement of structures relative to the waterfront.
K.
Local waterfront revitalization program: for development proposals within the Riverwalk Districts, conformance with the applicable policies and purposes of the Village's Local Waterfront Revitalization Program.
L.
SEQR: the adequacy and appropriateness of the environmental assessment form, if applicable, in addressing the environmental significance of the proposed action.
M.
Ventilation/exhaust: location, arrangement and design of any ventilation or exhaust device or other heat-, moisture-, odor- or noise-producing process or use.
§ 132-38 Additional review criteria for special use permits.
Special use permits may be issued only after the Joint Planning Board has found that all the following standards and conditions have been satisfied:
A.
The use possesses characteristics that will blend desirably with the neighboring properties and will secure the objectives of the Code;
B.
The location, size of the structure, magnitude, nature and intensity of the operation involved;
C.
The size of the operation in relation to the size of the site;
D.
The location of the site with respect to the roads and/or waters giving access to it is such that it will be in harmony with the orderly development of the district. Nor will the use unreasonably increase traffic congestion;
E.
The location, nature and height of buildings, walls and fences will not discourage the appropriate development and use of nearby land and buildings or impair their value;
F.
The use will not conflict with the Village Comprehensive Plan, or part thereof;
G.
The proposal will not impair public health, safety or general welfare;
H.
The proposal will not produce significant dust, odors, noise, lighting, glare, vibration or nuisance;
I.
The proposal provides for adequate parking in accordance with the provisions of this chapter.
§ 132-39 Guaranties for installation; maintenance of improvements.
A.
Installation guaranty.
(1)
In order that the Village has the assurance that the construction and installation of infrastructure improvements, including but not limited to storm sewer, water supply, lighting, sewage disposal, landscaping, road signs, sidewalks, access facilities and road surfacing, will be constructed, the Joint Village/Town Planning Board shall require that the applicant complete said improvements before final approval is granted, or the applicant shall enter into one of the following agreements with the Village:
(a)
Furnish bond with the Village named as obligee executed by a surety company equal to the cost of construction of such improvements as shown on the plans and based on an estimate furnished by the applicant and approved by the Board of Trustees. Any such bond shall require approval of the Board of Trustees and the Village's attorney as to form, sufficiency, manner of execution and surety; or
(b)
In lieu of the bond, the applicant may deposit cash, certified check or an irrevocable bank letter of credit, a certificate of deposit or other forms of financial security acceptable to the Board of Trustees. Acceptable substitutes, if furnished, shall be kept on deposit with the Village for the duration of the bond period.
(2)
All plans and specifications for the improvements and infrastructure shall be approved by the Department of Public Works Superintendent or an engineer hired by the Village.
B.
Maintenance guaranties.
(1)
In order that the Village has the assurance that the construction and installation of the infrastructure and improvements, including but not limited to storm sewer, water supply, lighting, sewage disposal, landscaping, road signs, sidewalks, access facilities and road surfacing, have been constructed in accordance with plans and specifications, the Joint Town/Village Planning Board shall require that the applicant shall enter into one of the following agreements with Board of Trustees:
(a)
Furnish a maintenance bond with the Village named as obligee executed by a surety company equal to the cost of construction of such improvements and infrastructures as built or constructed and approved by the Department of Public Works Superintendent or an engineer retained by the Village. Any such bond shall be for a minimum period of one year and approved by the Board of Trustees and the Village's attorney as to form, sufficiency, manner of execution and surety; or
(b)
In lieu of the bond, the applicant may deposit cash, certified check or an irrevocable bank letter of credit, a certificate of deposit or other forms of financial security acceptable to the Board of Trustees. Acceptable substitutes, if furnished, shall be kept on deposit with the Village for the duration of the bond period.
C.
After construction of the improvements and infrastructure, they shall be approved by the Department of Public Works Superintendent or an engineer hired by the Village.