Ellenville City Zoning Code
ARTICLE XIII
Planning Commission
§ 227-124 Powers and duties.
A.
In addition to those other powers and duties assigned to it by law, the Planning Commission is hereby empowered to perform the following functions:
(1)
Issue special permits for those uses specifically listed as requiring such a permit in accord with the provisions of §§ 227-125 through 227-130 below.
(2)
Review the site development plan for those uses requiring such review in accord with § 227-131 below.
(3)
Review and submit advisory opinions concerning applications for variances and amendments to the zoning regulations, as required by this chapter.
(4)
Modify applicable provisions of this chapter, simultaneously with the approval of a subdivision plat, subject to the conditions and procedures set forth in § 227-134.
B.
All resolutions or official actions of the Planning Commission shall require the concurring vote of a majority of the Commission.
§ 227-124.1 Membership.
[Added 6-14-2004 by L.L. No. 2-2004]
The Village of Ellenville Planning Commission shall consist of five members, each member serving for a five-year term. The Mayor shall appoint one member of the Planning Commission to serve as Chairperson, at its annual meeting, subject to the approval of the Board of Trustees. In the absence of a Chairperson being duly appointed, the Planning Commission, by the vote of its majority, shall designate a member to serve as Chairperson.
§ 227-124.2 Continuing education.
[Added 6-14-2004 by L.L. No. 2-2004]
All Planning Commission members shall be required to attend a minimum of two New-York-State-sponsored educational or training courses during their five-year terms. Members shall be reimbursed for the actual expenses incurred by their attendance, including but not limited to program fee, lodging, food, and travel.
§ 227-124.3 Minimum attendance requirements.
[Added 6-14-2004 by L.L. No. 2-2004]
Any person appointed to the Planning Commission of the Village shall attend at least 75% of all regularly scheduled meetings of the Commission during a period of 12 consecutive months.
§ 227-124.4 Creation of vacancy.
[Added 6-14-2004 by L.L. No. 2-2004]
When a member of the Commission appointed to a term of office by the Mayor or Board of Trustees fails to attend at least 75% of all regularly scheduled meetings of the Commission for a period of 12 consecutive months, or fails to attend the minimum number of educational requirements established by this chapter, the position may be deemed vacant, after public hearing, by the vote of a majority of the Board of Trustees, at a meeting held no sooner than 10 days after written notice of a proposed resolution to declare the position vacant is given to such member and, upon approval of a resolution of the Board of Trustees declaring such position be vacant, the position shall be deemed vacant forthwith and shall be filled in the manner provided by law for the duration of the term for which such member was appointed.
§ 227-124.5 Alternate members.
[Added 6-14-2004 by L.L. No. 2-2004]
A.
Legislative findings. The Board of Trustees finds that it is in the best interests of the Village residents to create not more than two positions of alternate member of the Planning Commission to sit on applications and other matters for such members as are unable to participate because of a conflict of interest or because of an inability to attend a meeting, in order to help assure that a quorum is readily available to hear applications and other matters in a timely manner. Since Paragraph 16 of § 7-718 of the Village Law solely provides for the establishment of such positions when members are unable to participate because of a conflict of interest, the Board of Trustees seeks to both implement the provisions of said section and simultaneously to supersede the limitations of said section, to the extent necessary, if at all, to provide that such alternate members may also act when members are unwilling, unavailable or, for any other reason, do not attend a meeting or participate on an application.
B.
Appointment and term. The Mayor is hereby authorized to appoint, subject to the approval of the Board of Trustees, not more than two alternate members to the Planning Commission. Each such appointee shall serve for a three-year term. No alternate member shall also serve as a member or alternate member of the Zoning Board of Appeals.
C.
Designation and powers. The Chairperson of the Planning Commission may designate an alternate member to substitute for a member when such member is unable to participate because of a conflict of interest on an application or other matter before the Planning Commission or when a member is unwilling, unavailable or, for any other reason, does not attend a meeting or participate on an application. The alternate member shall be designated prior to the initial meeting of each application where a regular member is unable to participate, when practical, and attend, deliberate, and vote in every meeting and action(s) taken by the Planning Commission thereafter during the review of the application in place of the member being substituted. When so designated the alternate member shall possess all the powers and responsibilities of such member. When so designated such designation shall be entered into the minutes of the initial Planning Commission meeting at which the substitution is made.
D.
Limit of number of alternate members' participation. Under no circumstances shall more than one alternate member participate at any one time on any application.
§ 227-125 Authorization to issue special permits.
Pursuant to an application, either directly or through the Building Inspector, the Planning Commission is hereby authorized to issue a special permit only for a use specifically listed as requiring such permit in the district in which it is proposed, subject to the following regulations and procedures.
§ 227-126 Application for special permit.
Each application for a special permit shall be submitted in duplicate on a form prescribed by the Commission, accompanied by a fee in accord with a schedule adopted by the Village Board, and shall include the following data. The Planning Commission, at the request of the applicant, may waive such information as it deems not relevant to its review or which would cause unusual hardship to obtain. All maps shall be at a scale of not less than 50 feet to the inch.
A.
Basic data.
(1)
Legal data.
(a)
The names of all owners of record of the property in question and of all adjacent property and the lot, block and section number of such properties as shown on the Official Village Assessment Maps.
(b)
Existing zoning and special district boundaries.
(c)
Boundaries of the property, building or setback lines, if different from those required in this chapter, and lines of existing streets and lots as shown on the Official Assessment Maps. Reservations, easements and areas dedicated to public use shall also be shown.
(2)
Existing buildings. A drawing showing the location of existing buildings on the site and on adjacent property if within 50 feet of the property line.
(3)
Development data.
(a)
Title of development, date, North point, scale, name and address of record owner, engineer, architect, land planner or surveyor preparing the plan.
(b)
The proposed use or uses of land and buildings and proposed location of buildings.
(c)
All means of vehicular ingress and egress to and from the site onto public streets.
(d)
The location and design of any off-street parking areas or loading areas.
(e)
The location of all proposed waterlines, valves and hydrants and of all sewer lines or alternative means of water supply and sewage disposal and treatment.
(f)
The proposed location, direction, power and hours of operation of proposed outdoor lighting.
(g)
The proposed screening and landscaping plan.
(h)
Proposed stormwater drainage system.
B.
Additional data which may be required. Where, due to special conditions peculiar to a site or the size, nature or complexity of the proposed use or development of land or buildings, the Planning Commission finds that all or portions of the additional data listed below are necessary for proper review of the application, it may require any or all of the data below to be included in the required submission.
(1)
Legal data.
(a)
A survey of the property showing all lengths in feet and decimals of a foot and all angles to the nearest minute, or closer if deemed necessary by the surveyor.
(b)
A copy of any covenants or deed restrictions that are intended to cover all or any part of the tract.
(2)
Existing features.
(a)
Location of existing water mains, culverts and drains on the property, with pipe sizes, grades and direction of flow.
(b)
The location of existing natural features, such as watercourses, marshes, rock outcroppings and trees with a diameter of more than eight inches.
(3)
Topographic data.
(a)
Existing contours with intervals of five feet or less, referred to a datum satisfactory to the Commission.
(b)
Proposed grading with a contour interval of two feet.
(4)
Development data. All proposed lots, easements and public and community areas. All proposed streets with profiles indicating grading and cross sections showing width of roadway, location and width of sidewalk and location and size of utility lines. All lengths shall be in feet and decimals of a foot, and all angles shall be given to the nearest 10 seconds, or closer if deemed necessary to the surveyor.
§ 227-127 Notice and hearing on special permits.
A.
The Planning Commission shall schedule a public hearing to be held within 60 days of receipt of a complete application for a special permit.
B.
Notice of the public hearing shall be published in the official newspaper of the Village at least seven days prior to the date of such hearing. In addition, the Village Clerk shall mail notice of such hearing to all property owners within 200 feet of the subject property at least seven days prior to the public hearing. Such notices shall be sent to the owner's last known address, as shown on the most recent Village tax records.
C.
Any application for special permit involving real property lying within 500 feet of any of the features listed under § 227-137A shall be referred to the Ulster County Planning Board at least 30 days prior to final action in accord with §§ 239-l and 239-m of the General Municipal Law.
§ 227-128 Criteria for decisions on special permits.
The Planning Commission shall only approve the issuance of a special permit if it finds that the following criteria have been met:
A.
That all proposed structures, equipment or material shall be readily accessible for fire and police protection.
B.
That the proposed use is of such location, size and character that, in general, it will be in harmony with the appropriate and orderly development of the district in which it is proposed to be situated and will not be detrimental to the orderly development of adjacent properties in accordance with the zoning classification of such properties.
C.
That, in addition to the above, in the case of any use located in or directly adjacent to a residential district:
(1)
The location and size of such use, the nature and intensity of operations involved in or conducted in connection therewith, its site layout and its relation to access streets shall be such that both pedestrian and vehicular traffic to and from the use and the assembly of persons in connection therewith will not be hazardous or inconvenient or incongruous with the said residential district or conflict with the normal traffic of the neighborhood.
(2)
The location and height of buildings, the locations, nature and height of walls and fences and the nature and extent of screening and landscaping on the site shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings or diminish the value thereof.
§ 227-129 Findings and decisions on special permits.
A.
Within 60 days after the public hearing, the Planning Commission shall render its decision as to whether to issue the special permit and shall make a written report setting forth its findings and conclusions and the basis for its decision.
B.
The decision of the Commission shall be filed immediately with the Village Clerk and a copy thereof mailed to the applicant.
§ 227-130 Conditions on special permits.
When issuing a special permit, the Planning Commission may attach such conditions and safeguards as it deems necessary to further the intent of these regulations and to protect the public interest. Such conditions may include a requirement that the special permit be periodically renewed. Such renewal shall only be withheld, following due public notice and hearings, upon a determination that the applicant has not complied with the provisions of the original application or with any conditions prescribed by the Commission in conjunction with approval of such application. In such case, the applicant shall be granted a period of 60 days within which to achieve full compliance with all conditions prior to revocation of the special permit.
§ 227-131 Site plan review and approval.
A.
Uses requiring approval.
(1)
No building permit shall be issued for the following categories of use or building prior to the review and approval of a site development plan by the Planning Commission in accord with the provisions of this section:
(a)
Any new residential building containing three or more dwelling units or the conversion of any residential structure to create an additional dwelling unit.
[Amended 7-14-1997 by L.L. No. 3-1997]
(b)
Any new nonresidential structure or addition to an existing nonresidential structure.
[Amended 12-6-1999 by L.L. No. 5-1999]
(c)
Any structure or use which requires or proposes to provide more than 15 off-street parking spaces.
(d)
Any use requiring a special permit.
(2)
In all cases where any amendment of any such plan is proposed, the applicant must also secure the approval of the amendment by the Planning Commission. No certificate of occupancy shall be issued for any building or use of land within the purview of this section unless the building is constructed or used or the land is developed or used in conformity with an approved site plan, or an amendment of any such plan.
(3)
Any change in the use of an existing nonresidential building or property which results in an increase to the amount of traffic generated or the addition of parking space required by the new use as compared to the former or existing use of the building or property. The basis for the determination as to whether such increase in traffic will be generated or additional parking spaces will be required shall be by decision of the Village's Code Enforcement Officer, provided his/her decision is in concurrence with the Village Manager and the Village Board's liaison to the Village's Building Department at that time.
[Added 12-6-1999 by L.L. No. 5-1999; amended 6-11-2007 by L.L. No. 6-2007]
(4)
Any new principal building or structure which is proposed to be placed on a lot so that the front building wall is situated at an angle of more than 10° from parallel with the street line.
[Added 12-6-1999 by L.L. No. 5-1999]
(5)
The exhibition or display of merchandise or materials on the exterior of any new or existing nonresidential property shall require issuance of a special permit pursuant to § 227-128. This shall include, but not be limited to, displays or exhibitions of merchandise or materials for sale to the public or the operation of sidewalk cafes. This subsection shall apply to all existing and new commercial uses unless prior site plan approval includes the depiction of such outside activity.
[Added 7-22-2013 by L.L. No. 1-2013]
B.
In reviewing site plans, consideration shall be given to the public health, safety and welfare; the comfort and convenience of the public in general or the residents or users of the proposed development and of the immediate neighborhood in particular; and the accomplishment of the following objectives in particular:
(1)
That the design of all structures is compatible with that of surrounding structures. Compatibility shall be determined by a review of proposed use of materials, scale, mass, height, color, texture and location of the structure or structures on the site.
(2)
That all proposed traffic accessways are adequate but not excessive in number; adequate in width, grade, alignment and visibility; not located too near street corners or other places of public assembly; and other similar safety considerations.
(3)
That off-street parking and loading spaces are designed to prevent obstruction in public streets and that the interior circulation system is adequate to provide safe accessibility to all required off-street parking lots, loading bays and building services.
(4)
That all playground, parking and service areas are reasonably screened at all seasons of the year from the view of adjacent residential lots and streets and that the general landscaping of the site is such as to enhance the character of the Village and is in character with that generally prevailing in the neighborhood.
(5)
That all existing trees over eight inches in diameter, measured three feet above the base of the trunk, shall be retained to the maximum extent possible.
(6)
That all plazas and other paved areas intended for use by pedestrians are designed to use decorative pavements and plant materials so as to prevent the creation of vast expanses of pavement.
(7)
That all outdoor lighting is of such nature and so arranged as to preclude the diffusion of glare onto adjoining properties and streets.
(8)
That the drainage system and the internal water and sewer systems are adequate and that all connections to Village systems are in accordance with Village standards.
(9)
That the site plan and building design accommodate the needs of the handicapped and are in conformance with state standards for construction concerning the handicapped.
(10)
That the site plan and building design consider the conservation of energy.
C.
Procedure.
(1)
Prior to the submission of a formal site plan, the applicant shall meet in person with the Planning Commission and/or its designated representative to discuss the proposed site plan in order to determine which of the subsequent requirements may be necessary in developing and submitting the required site plan.
(2)
Within six months following the presubmission conference, the site plan and any related information shall be submitted to the Building Inspector in as many copies, not to exceed 10, as may be agreed to during the presubmission conference. The site plan shall be accompanied by a fee in accordance with the schedule of fees of the Village of Ellenville. If not submitted within this six-month period, another presubmission conference may be required.
(3)
The Building Inspector shall certify on each original or amended site plan whether or not the application is complete and whether the plan meets the requirements of all the provisions of this chapter, other than those of this section regarding site plan review. He shall act to certify the application or return it to the applicant for completion or revision within 30 calendar days of submission by the applicant.
(4)
Following such certification, the application shall be forwarded to the Planning Commission at least 10 days prior to its next regular meeting which shall be considered the official submission date.
(5)
Simultaneously with its submission to the Planning Commission, the certified application shall be forwarded to the Chief of Police, Fire Chief, Health Department, Director of Public Works, Plumbing Inspector and, where required, to the County Planning Board, County Highway Department and any other agency that the Building Inspector deems appropriate.
(6)
The Planning Board may hold a public hearing on the site plan if it determines that the matter is of wide public interest. If such a hearing is held, the provisions relating to public notice, as required for a special permit, shall be followed.
(7)
The Planning Commission shall act to approve, disapprove or approve with conditions any such site plan within 60 days after the public hearing or, if no hearing is held, within 60 days of the official submission date. Failure to act within said 60 days shall be deemed to be approval. Conditional approval by the Planning Commission shall include written findings upon any site plan element found contrary to the provision or intent of this chapter. In reviewing the application, the Planning Commission shall consider whether a proposed plan will conform to the intent and requirements of this chapter and/or what revisions are appropriate.
(8)
All conditions must be satisfied prior to issuance of a building permit.
(9)
Amendments to a previously approved site plan shall be acted upon in the same manner as the original site plan.
D.
Approval of a site plan by the Planning Commission shall be valid for a period of 180 days from the date thereof for the purpose of obtaining a building permit. Failure to secure a building permit during this period shall cause the site plan approval to become null and void. Upon application, the Planning Board may extend the time limit on the validity of the approval to not more than two years from the date of original approval.
E.
The data set forth in § 227-126 shall be submitted in support of a request for site plan approval in accord with the provisions therein.
§ 227-132 Advisory opinions.
The Planning Commission shall review all applications for variances submitted to the Board of Appeals and all proposed amendments to the text or map of this Zoning Chapter being considered by the Village Board of Trustees referred to it in accord with the provisions of this chapter. The Commission shall have 30 days prior to the public hearing in which to prepare and submit its advisory opinion. Failure to submit an opinion within 30 days shall be deemed to be approval of the proposed action.
§ 227-132.1 Applicants with outstanding violations or unpaid monies.
[Added 11-12-2024 by L.L. No. 3-2024]
A.
Applicants with outstanding violations or unpaid monies. Any application to the Planning Commission shall be denied for any applicant who is in violation of any Village of Ellenville code, ordinance or local law (hereinafter "violations") or who owes property taxes, water or sewer fees, special assessments, fines for violations of Village ordinances or any other fees or past due monies of any name or nature owed to the Village of Ellenville (hereinafter "unpaid monies").
(1)
The applicant shall have the burden of providing proof in a form acceptable to the Building Department that there are no such violations or unpaid monies.
(2)
In the event that the applicant has accrued violations or unpaid monies, any application shall be denied regardless of whether such violations or unpaid monies relate to a parcel of real property for which the application is made or another parcel owned by applicant or are personal to the applicant.
(3)
In the event that the applicant has accrued violations or unpaid monies, any application shall be denied regardless of whether such violations or unpaid monies occurred or accrued before the effective date of this section.
(4)
In the event that an application is in process and a violation of this chapter occurs, processing of the application shall cease upon presentation of proof of the violation by the Receiver of Taxes or Code Enforcement Officer of the Village of Ellenville to the Planning Commission.
(5)
Special use permits.
(a)
A special use permit, once granted, shall be suspended in the event that the permit holder i) accrues violations or unpaid monies, or ii) violations or unpaid monies are discovered, or iii) is in violation of the conditions imposed by the Planning Commission that were made as a condition precedent to the issuance of the permit. The Code Enforcement Officer, Building Inspector or Secretary to the Planning Commission, shall placard the building or premises in a notorious location with information conveying the next scheduled meeting of the Planning Commission and notice of the impending suspension at least seven days in advance of said meeting. The suspension shall take effect five business days after a vote is taken to approve the suspension by the Planning Commission. Upon such suspension, all permitted activities and privileges shall immediately cease.
(b)
No application fees shall be refunded upon suspension of a special use permit.
(c)
The applicant must reapply to restore the use of a special use permit by submitting a new application and paying all necessary application fees, and any such permitted activities or privileges may only be resumed once the suspension has been lifted.
(d)
Extensions. The Planning Commission shall have the discretion to grant an extension to a permit holder, or any interested party, to cure any violations or unpaid monies prior to the suspension of a special use permit on the basis that the suspension will effect the health, safety and well-being of the occupants of the building. Should the Planning Commission determine that there is no present and significant threat of homelessness or adverse impact to the health, safety and well-being of the occupants, no extension shall be granted. The time period for any extension shall be determined by the Commission and shall be not less than 30 days, nor exceed 180 days. If a permit holder comes into complete compliance prior to the expiration of any extension period, the special use permit shall be reinstated. The permit holder, or any interested party, may appeal the Planning Commission's decision to the Zoning Board of Appeals, within five business days of the decision, by providing written notice to the Zoning Board in compliance with § 70-22. Any timely request for an appeal to the Zoning Board of Appeals shall automatically stay the suspension of the special use permit. The Zoning Board of Appeals shall consider the factors articulated herein in making a final determination.
(6)
All requirements set forth herein shall also apply to nonperson entities and such permit or renewal thereof shall be denied to an entity, or revoked, if a person with a substantial interest in such entity owes such unpaid monies or has accrued such violations. A "person with a substantial interest" shall mean an ownership interest of more than 10% of, membership on the governing board of, holding an office in or holding the ability to cast or control more than 10% of the votes in such entity.
(7)
Payment plans.
(a)
Any applicant herein which has a valid and current payment plan for unpaid monies authorized by the Board of Trustees or Village Manager shall be exempt from the requirements herein, so long as:
[1]
All payments required under the payment plan have been made and the applicant remains current on said payments for the duration that the permit is open; and
[2]
The applicant does not have any other active or current violations and/or unpaid monies; and
[3]
The applicant does not accrue violations or unpaid monies, or violations or unpaid monies are discovered, after the permit is granted.
(b)
Should the applicant not meet these requirements, the application will be denied. Should the applicant violate these provisions after the issuance of any special use permit, the permit shall be suspended pursuant to the provisions herein.