Clyde Village City Zoning Code
ARTICLE XV
County Coordination of Certain Municipal Zoning and Planning Actions
§ 190-75 Legislative policy and intent; statutory authority.
It is hereby declared that it is in the public interest that certain classes of zoning and planning actions by the Village, as proposed by the agencies thereof having jurisdiction, be reviewed by the County Planning Agency for Wayne County pursuant to law for the territory in which such municipality is located, as an aid in coordinating such zoning actions and planning among municipalities by bringing pertinent intercommunity and county-wide considerations to the attention of the aforesaid municipal agencies having jurisdiction. It is the intention of the Village that such considerations shall include: compatibility of various land uses with one another; traffic generating characteristics of various land uses in relation to the effect of such traffic on other land uses and to the adequacy of existing and proposed thoroughfare facilities; impact of proposed land uses on existing and proposed county or state institutional or other uses; protection of community character as regards predominant land uses, population density, and relation between residential and nonresidential area; community appearance; drainage; community facilities; official development policies, municipal and county, as may be expressed through comprehensive plans, capital programs, or regulatory measures; and such other matters as may relate to the public convenience, to governmental efficiency, and to the achieving and maintaining of a satisfactory community environment. This article shall apply to municipal zoning and planning actions, including those proposed zoning actions to be submitted to county, metropolitan and regional planning agencies in accordance with provisions of § 239-m of the General Municipal Law and any amendments thereto, and to subdivision plats to be submitted to county planning agencies in accordance with provisions of § 239-n of the General Municipal Law. The Village hereby incorporates by reference General Municipal Law § 239-1 and any amendments thereto.
§ 190-76 Referral to County; Report; Final Action.
A.
Referral to planning agency.
(1)
In any village which is located in a county which has a county planning board, commission or other agency, hereinafter referred to as a "county planning agency," the village, which has jurisdiction to adopt or amend zoning regulations, approve site plans, or to issue special permits or grant variances pursuant to such regulations, shall, before taking final action on certain of such matters, refer the same to such county planning agency. The terms "special permit" and "site plan" shall be deemed to include any special permit, use permit, exception, or other special authorization to issue under the provisions of any zoning ordinance.
(2)
The matters covered by this section shall include: a) any municipal zoning regulation, or any amendment thereof, which would change the district classification of or the regulations applying to real property lying 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; and b) any special permit, site plan, or variance affecting such real property within such distance of 500 feet. The term "proposed" shall be deemed to include only those recreation areas, parkways, thruways, expressways, roads or highways which are shown on a county plan adopted pursuant to Subdivision 2 of § 239-d of the General Municipal Law or adopted on an official map pursuant to § 239-e of such law.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV).
(3)
Within 30 days after receipt of a full statement of such referred matter, the county, metropolitan or regional planning agency to which referral is made, or an authorized agent of such agency, shall report its recommendations thereon to the referring municipal agency, accompanied by a full statement of the reasons for such recommendations. If such planning agency fails to report within such period of 30 days or such longer period as may have been agreed upon by it and the referring agency, the municipal body having jurisdiction to act may do so without such report. If such planning agency disapproves the proposal, or recommends modification thereof, the municipal agency having jurisdiction shall not act contrary to such disapproval or recommendation except by a vote of a majority plus one of all the members thereof and after the adoption of a resolution fully setting forth the reasons for such contrary action.
(4)
Within seven days after final action by the municipal agency having jurisdiction on the recommendations, modifications or disapproval of a referred matter, such municipal agency shall file a report of the final action it has taken with the county, metropolitan or regional planning agency which had made the recommendations, modifications or disapproval.
B.
Full statement.
(1)
For purposes of Subsection A, "full statement" of such referred matter shall mean all materials required for and accepted by the referring municipal body as a completed application. When the matter referred is the adoption or amendment of a zoning ordinance or local law, "full statement" shall also include the complete text of the proposed ordinance or local law as well as all existing provisions to be affected thereby, if any, and only if not already in the possession of the county, metropolitan or regional planning agency.
(2)
Notwithstanding the foregoing provisions of this subsection, any municipal body may agree with the county planning agency, or in the absence of a county planning agency, with the metropolitan or regional planning agency, as to what shall constitute a "full statement" for any or all of those matters which said municipal body is authorized to act upon.
(3)
The term "receipt" shall mean delivery of a full statement in accordance with the rules and regulations of the county, metropolitan or regional planning board or agency with respect to person, place and period of time for submission. In no event shall such rule or regulation define delivery so as to require in-hand delivery or delivery more than 12 calendar days prior to the board or agency's meeting date. In the absence of any such rules or regulations, "receipt" shall mean delivery in-hand or by mail to the clerk of the board or agency, or if no position of clerk exists, to the office address of said board or agency. Where delivery is made in-hand, the date of receipt shall be the date of delivery. Where delivery is made by mail, the date as postmarked shall be the date of delivery. The Village hereby incorporates by reference General Municipal Law § 239-m and any amendments thereto.