Clinton Village City Zoning Code
ARTICLE VII
Special Procedures
§ 260-15 Planned development process.
Purpose. The regulations set forth in this section are intended to provide a means for the development of residential, business, commercial, recreational and park areas, or combinations thereof, in a manner which will permit flexible and imaginative design concepts to be used while maintaining adequate supervision and control by the Village of Clinton to ensure that the spirit and intent of this chapter will be preserved.
Overview of planned development process. The planned development process consists of two basic steps:
Step one: zone change designation. The first step is a change of existing zoning to planned development (PD) district designation. In considering a zone change, the Village Board options include approval of the change, approval with binding stipulations (ordered by the Village Board) or denial. The Village Board may request a recommendation and comments from the Planning Board prior to consideration. Any zone change to a PD district must be based on a specific development proposal. The request for PD zone district designation must include a land use, utility and circulation plan developed to concept stage. Primary vehicular and pedestrian routes and linkages must be shown. Adequate sources of water, sewer, electric, gas and other utilities must be shown and/or identified. Specific requirements may be established during the zone change designation portion of the PD district review process with respect to such development details as minimum lot sizes within the district, lot coverage, building height, yard dimensions, off-street parking, transportation facilities, stormwater management, and density of residential use. For projects being developed in phases, the plans submitted for this step must address all phases. Evaluation of these details is made, so far as is practicable, within the overall scheme of a PD district. PD districts may be proposed for any area(s) within the Village. Land uses in a PD district should be compatible with the general zoning categories of adjacent land established in this chapter. A PD district is not intended to accomplish spot zoning. The minimum project size to be considered for PD district is five acres.
Step two: site plan review. The second step is review and approval of the specific site plan for the PD district and occurs subsequent to Village Board action on the zone change designation to a PD district. This review is conducted by the Village Planning Board under the provisions of the site plan review process defined in this chapter. The final approved PD district site plan must substantially conform to the conceptual development proposal for which the PD district was granted.
Procedures for PD district zone change designation (step one).
Preapplication conference. Before submission of a petition for a zone change to a PD district, the applicant is encouraged to meet with the Village Board to determine the feasibility and suitability of the application. A meeting shall also be conducted with the Village Planning Board.
Application procedure.
Application for the establishment of a PD district shall be made to the Village Board. Each application shall include, but not necessarily be limited to:
A petition for the zoning change.
The applicant must provide proof of full legal and beneficial ownership of the property or proof of an option or contractual right to purchase the property.
A payment in accordance with the adopted fee schedule.
A completed environmental assessment form (EAF) [or draft environmental impact statement (DEIS)] complying with the provisions of the State Environmental Quality Review process (SEQR).
A conceptual land use, circulation and utility plan of the property in question. Such a plan shall include:
All existing and proposed structures, lots, roads, parking areas and other improvements, and shall indicate facilities for public transit and pedestrian circulation, the general site location of all proposed land use areas, building densities within areas, the approximate acreage in each type of use, the proposed number of dwelling units and proposed square footage of nonresidential buildings and the amount, proposed use and location of all open space and recreation areas.
Primary vehicular and pedestrian routes and linkages must be shown.
An indication of the conceptual source and arrangement of all utilities and proposed expansions and/or any alternative concepts for dealing with water supply, sewage disposal, stormwater drainage and gas and electric service.
A stormwater pollution prevention plan (SWPPP) in accordance with Chapter 196, Stormwater Management..
An indication of the use and location of existing structures on adjoining parcels.
A preliminary engineering report which shall include, but not necessarily be limited to:
A written description of the proposal, including the major planning assumptions and objectives, schedule and project phases, the probable effect on adjoining properties and the extent to which the plan achieves the objective of the overall Village Development Plan.
A comparison that contrasts the proposed land planning concepts with current zoning requirements.
A written description of the probable impacts on the resources and the utility systems of the Village.
A written description of the probable fiscal impacts, including a summary of new costs and revenues to the Village due to the development.
It is expected that the Village Board will serve as lead agency under most circumstances; however, the Village Board may defer the role of SEQR lead agency to the Planning Board. The Village Board shall refer the zone change application and all application materials to the Village Board upon receipt of the application. The lead agency will distribute the application materials to all other involved agencies.
Planning Board review.
Within 62 days of the date that the application is determined to be complete, the Planning Board shall recommend approval, approval with modifications or disapproval of the application to the Village Board. Failure of the Planning Board to act within the 62 days or such longer period as may be consented to shall be deemed to be a recommendation for approval of the plan as submitted.
Review criteria.
In considering the application for the zone change to a PD district, the Planning Board may request such changes in the conceptual plans and specify such additional requirements as are deemed reasonably necessary to protect the established or permitted uses in the vicinity and to promote and protect the orderly growth and sound development of the community. In reaching its recommendation on the proposed development and changes, if any, in the conceptual plans, the Planning Board shall consider, among other things, the following:
The public benefit of the proposed PD district.
The existing character of the neighborhood.
The location of principal buildings on the site in relation to one another and in relation to buildings and uses on properties adjoining the proposed district.
The general circulation and open space pattern relative to the structures.
The traffic circulation features within the site and the amount, location and access to automobile parking areas.
The environmental factors on the EAF.
Stormwater factors contained in the SWPPP.
In the event that approval subject to modification is granted, the applicant may, within 10 days after receiving a copy of the Planning Board's decision, notify the Village Board, in writing, of acceptance or refusal of all such modifications. If modifications are refused, the Planning Board shall be deemed to have recommended disapproval of the application. In the event that the applicant does not notify the Village Board within said period of acceptance or refusal of all said modifications, the recommendation of approval of the application, subject to such modifications, shall stand.
Establishment of a PD district is a rezoning action and is subject to SEQR. It is expected that the Village Board will initially serve as lead agency. Under SEQR provisions, it is expected the Village Board will reestablish lead agency to the Planning Board. The lead agency may hold a public hearing pursuant to SEQR statutes. If it is determined that an environmental impact statement will be prepared for the proposal in question, all time periods and deadlines are delayed until a draft environmental impact statement has been filed. An application is not complete, and therefore, the review process does not start, until a determination of no significance has been made or until a DEIS or generic EIS has been completed and the SEQR process concluded.
The recommendations of the Planning Board shall be in the form of a written resolution which shall include findings of fact and shall set forth the reasons for granting or denying tentative approval, specifying with particularity in what respects the proposal contained in the application would or would not be in the public interest and factors considered under the review. The resolution shall be filed with the Village Clerk and shall be available during regular office hours for inspection by any interested person.
Village Board SEQR review (if not delegated to the Planning Board). The Village Board will perform the SEQR investigations and reviews described in the preceding subsection. SEQR requirements for the PD plans will have been met during the zoning change/conceptual plan approval phase of the process, provided that the thresholds established under the DEIS/GEIS have not been exceeded.
Period of eligibility. In the event that construction has not commenced within two years from the date that the Zoning Map amendment establishing the PD district became effective, the Planning Board may so notify the Village Board and the Village Board may, on its own motion, institute a Zoning Map amendment to return the PD district to its former classification.
§ 260-16 Site plan review process.
Purpose and general process.
The following process is incorporated into this chapter as the method for the Planning Board to evaluate specific uses in certain zoning districts. Uses in any district, except for a residential dwelling permitted in the R-1 and R-2P Districts, will require submittal of a site development plan and receipt of an approval or an exemption certification by the Village Planning Board prior to obtaining a building permit, certificate of occupancy or before the proposed use may be established or the proposed project may be developed.
Any use wholly or partially within the Wellhead Protection Overlay District which is required to comply with any additional requirements as outlined within Article V, § 260-13, and Schedules A-2 and A-3 of this chapter[1] will require submittal of a site development plan and receipt of an approval or an exemption certification by the Village Planning Board prior to obtaining a building permit, certificate of occupancy or before the proposed use may be established or the proposed project may be developed.
[1]
Editor's Note: Schedules A-2 and A-3 are included as attachments to this chapter.
Procedure for preliminary site plan review and action.
Prior to the issuance of a building permit for any site plan review uses, the Code Enforcement Officer shall refer the application and all application materials as specified herein to the Planning Board for its review and approval in accordance with the provisions set forth in this section.
Within 62 days of the receipt of a preliminary site plan the Planning Board shall inform the applicant of its decision.
Concept review. A meeting is recommended between the Planning Board and applicant to review the basic site design concept and generally determine the information to be required on the preliminary site plan. The applicant shall provide the data discussed below, in addition to a statement or rough sketch describing what is proposed.
An area map showing the parcel under consideration for site plan review and all properties, subdivisions, streets and easements within 200 feet of the boundaries thereof.
A map of the site topography at no more than five-foot contour intervals. If general site grades exceed 5% or portions of the site have susceptibility to erosion, flooding or ponding, a soils overlay and a topographic map showing contour intervals of not more than two feet of elevation should also be provided.
Application for preliminary site plan approval.
A fee set from time to time by resolution of the Village Board shall accompany an application for preliminary site plan review and approval. No further fee is required at the final site plan stage.
Anticipated costs which the Planning Board expects to incur due to consulting services or other review costs shall be paid by the applicant and placed in an escrow account. Any unspent funds shall be returned to the applicant within five days of Planning Board action on the final site plan.
An application for preliminary site plan approval shall be made, in writing, to the Code Enforcement Officer and shall be accompanied by information drawn from the following checklist, as determined necessary by the Planning Board the concept review meeting.
Preliminary site plan checklist. The following information, unless it is not applicable, shall be furnished by the applicant in the preliminary site plan:
The title of drawing, including the name and address of the applicant and person responsible for preparation of such drawing;
North arrow, scale and date;
The boundaries of the property plotted to scale;
Existing watercourses;
A grading and drainage plan, showing existing and proposed contours;
The location, proposed use and height of all buildings;
The location, design and construction materials of all parking and truck loading areas, showing access and egress, including a comparison of required and provided parking spaces and loading areas;
The location of outdoor storage, if any, including provisions for meeting provisions of the ADA;
The location, design and construction materials of all existing or proposed site improvements, including drains, culverts, retaining walls and fences;
A description of the method of sewage disposal and location, design and construction materials of such facilities;
A description of the method of securing public water and location, design and construction materials of such facilities;
The location of fire and other emergency zones, including the location of fire hydrants;
The location, design and construction materials of all energy distribution facilities, including electrical, gas and solar energy;
The location, size and design and construction material of all proposed signs;
The location and proposed development of all buffer areas, including existing vegetative cover;
The location and design of outdoor lighting facilities;
Designation of the amount of building area proposed for retail sales or similar commercial activity;
A general landscaping plan and planting schedule;
A SWPPP soil erosion and sediment control plan.
Other elements integral to the proposed development as considered necessary by the Planning Board, including identification of any state or county permits required for the project's execution; and
Completed EAF in compliance with SEQR.
Additional site plan checklist for Wellhead Protection Overlay District. In addition to the information described under § 260-16B(4)(d), Preliminary site plan checklist, the following information shall also be provided for a proposed use located partially or wholly within a Wellhead Protection Overlay District.
A map and a report showing the location of the premises for which the permit is sought and plans prepared by a licensed professional engineer or architect showing all features of the system necessary for the satisfactory conveyance, storage, distribution, use and disposal of process wastes, hazardous substances and wastes, solid wastes, and incidental wastes.
A complete list, including an estimate of the volume in pounds dry weight and liquid gallons, of all petroleum, chemicals, pesticides, fuels, and other hazardous substances to be used, generated, stored, or disposed of on the premises.
A description of proposed measures to protect all storage containers or facilities associated with such materials from vandalism, accidental damage, corrosion, and leakage. At a minimum, such measures shall include a description of appropriate design and operating standards as described in § 260-13 and listed in Schedules A-2 and A-3 of this chapter.[3]
[3]
Editor's Note: Schedules A-2 and A-3 are included as attachments to this chapter.
A description of proposed storage facilities for hazardous wastes and provisions for the disposal of these wastes by licensed waste haulers.
A landscape plan that shows predevelopment areas of undisturbed, natural vegetation and proposed post-development areas of undisturbed, natural vegetation and fertilized vegetation.
Copies of any permits and applications made to any other governmental agencies.
Review criteria.
The following criteria for the Planning Board review may include, but shall not be limited to the following:
Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers and traffic controls.
Adequacy and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular traffic and overall pedestrian convenience.
Location, arrangement, appearance and sufficiency of off-street parking and loading.
Location, arrangement, size, design and general site compatibility of buildings, lighting and signs.
Adequacy of stormwater and drainage facilities.
Adequacy of water supply and sewage disposal facilities.
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.
In the case of an apartment complex or other multiple dwelling, the adequacy of usable open space for play areas and informal recreation.
Protection of adjacent of neighboring properties against noise, glare, unsightliness or other objectionable features.
Adequacy of fire lanes and other emergency zones and the provision of fire hydrants.
Special attention to the adequacy of structures, roadways and landscaping in areas with susceptibility to ponding, flooding and/or erosion.
Protection of the wellhead areas and aquifer recharge areas that provide drinking water for the municipal wells operated by the Village of Clinton. In evaluating the protection of the wellhead areas, aquifer recharge areas, and the water supplies, the Planning Board shall give consideration to the simplicity, reliability, and feasibility of the control measures proposed and the degree of threat to water quality which would result if the control measures failed.
Consultant review. The Planning Board may consult with the Code Enforcement Officer, Fire Commissioners, Conservation Council, Superintendent of Highways, other local and county officials and its designated private consultants, in addition to representatives of federal and state agencies, including but not limited to the Soil Conservation Service, the State Department of Transportation and the State Department of Environmental Conservation.
Public hearing. The Planning Board may conduct a public hearing on the preliminary site plan. If a public hearing is considered desirable by a majority of the members of the Planning Board, such public hearing shall be conducted within 62 days of the receipt of the application for preliminary site plan approval and shall be advertised in a newspaper of general circulation in the Village at least five days before the public hearing.
Planning Board action on preliminary site plan.
The proposed development in question may be subject to the provisions of SEQRA. First, the Planning Board should identify the type of action the proposed development is according to SEQRA. Depending on the size, location and other factors ,it may be a Type 1 or an unlisted action. To make a decision, the Planning Board should consult, if necessary, Part 617 of the New York Codes, Rules and Regulations and Article 8 of Environmental Conservation Law. The Planning Board shall also review the EAF submitted as part of the application. The action type and related procedure will dictate the next steps, if any, to be taken to comply with the SEQRA regulations.
If it is determined that an environmental impact statement will be prepared for the proposal in question, all time periods and deadlines are stayed until a draft environmental impact statement is filed. An application is not complete, and, therefore, the review period does not start, until a determination of no significance has been made or until a DEIS has been completed. When a DEIS is completed, the time period for Planning Board review begins (62 days). If another agency has determined that the proposal in question may have a significant effect on the environment, the Planning Board shall not issue a decision until a final environmental impact statement has been filed.
When compliance with SEQRA is complete, the Planning Board shall act on the application within 62 days. If no decision is made within 62 days, the preliminary site plan shall be considered approved. The Planning Board's action shall be in the form of a written statement to the applicant stating whether or not the preliminary site plan is approved, disapproved or approved with modifications.
The Planning Board's statement may include recommendations of desirable modifications to be incorporated in the final site plan, and conformance with said modifications shall be considered a condition of approval. If the preliminary site plan is disapproved, the Planning Board's statement will contain the reasons for such findings. In such a case, the Planning Board may recommend further study of the site plan and resubmission to the Planning Board after it has been revised or redesigned.
Procedure for final site plan review and action.
Submission.
After receiving approval, with or without modifications, from the Planning Board on a preliminary site plan, the applicant shall submit a final, detailed site plan to the Planning Board for approval. If more than six months has elapsed since the time of the Planning Board's action on the preliminary site plan and if the Planning Board finds that conditions may have changed significantly in the interim, the Planning Board may require a resubmission of the preliminary site plan for further review and possible revision prior to accepting the proposed final site plan for review.
The final site plan shall conform substantially to the approved preliminary site plan. It shall incorporate any modifications that may have been recommended by the Planning Board in its preliminary review. All such compliance shall be clearly indicated by the applicant on the appropriate submission.
The following additional information shall accompany an application for final site plan approval:
Required referral. Prior to taking action on the final site plan, the Planning Board shall refer the plan to the County Planning Department for advisory review and a report in accordance with paragraphs 239-1 and 239-m of the General Municipal Law where the proposed action is within a distance of 500 feet;
From the boundary of any city, village or town; or
From the boundary of any existing or proposed county or state park or other recreation area; or
From the right-of-way of any existing or proposed county or state parkway, thruway, expressway, road or highway; or
From the existing or proposed right-of-way of any stream or drainage channel owned by the county or for which the county has established channel lines or from the existing or proposed boundary of any county- or state-owned land on which a public building or institution is situated; or
From the boundary of a farm operation located within an agricultural district, as defined by Article 25-AA of the Agriculture and Markets Law.
Planning Board action on final detailed site plan. Within 62 days of receipt of the application for final site plan approval, the Planning Board shall render a decision to the Code Enforcement Officer. If no decision is made within the sixty-two-day period, the final site plan shall be considered approved.
Upon approval of the final site plan and payment by the applicant of all fees and reimbursable costs due to the town, the Planning Board shall endorse its approval on a copy of the final site plan and shall forward such copy to the Code Enforcement Officer.
Upon disapproval of a final site plan, the Planning Board shall so inform the Code Enforcement Officer who shall then deny a building permit to the applicant. The Planning Board shall also notify the applicant, in writing, of its decision and its reasons for disapproval.
Construction phase.
Concurrent with the filing of an application for a building permit with the Code Enforcement Officer, the applicant shall place on file with the Code Enforcement Officer a performance bond, security deposit or other form of deposit acceptable to the Village Board in the amount of 20% of the estimated cost of construction of the site work.
During construction, the work shall be periodically reviewed by the Code Enforcement Officer for conformance with the approved site plan.
The applicant will be notified if the work does not conform with the approved site plan. If the applicant fails to remedy deficiencies within 30 days, the Code Enforcement Officer may proceed to have corrective action taken. Any and all costs of such corrective action will be the responsibility of the applicant.
At the conclusion of the project, the bonds and/or deposit, less the cost of corrective actions, will be returned to the applicant.