Waverly Village City Zoning Code
ARTICLE V
Procedures
§ 153-19 Projects/proposals to follow procedures and processes.
The following procedures and processes shall be followed by any applicant desiring to initiate a project or proposal in any district within the Village of Waverly.
§ 153-20 Site plan review.
All permitted uses in zoning districts requiring site plan approval by the Planning Board shall have prior site plan review and approval before a building permit is issued for the alteration or construction of any building. The site plan and related drawing shall be submitted by an applicant or agent thereof to the Planning Board and shall be reviewed in accordance with the following procedures and standards and shall be subject to a public hearing.
A.
Submission of site plan and supporting data. An applicant or agent thereof shall submit a site plan and supporting data which has been prepared by a certified architect, landscape architect, engineer, land surveyor or planner, (may be waived at Planning Board discretion on minor projects) and shall include the following information presented in drawn form and accompanied by a written text:
(1)
Survey of the properties showing existing features of the property, including contours, buildings, structures, trees over four inches in trunk diameter, streets, utility easements, rights-of-way and land use.
(2)
Site plan showing proposed building locations and land use areas.
(3)
Traffic circulation, parking areas and pedestrian walks.
(4)
Landscaping plans, including site grading and landscape design.
(5)
Preliminary architectural drawings for buildings delineated to be constructed, including floor plans, exterior elevations and sections.
(6)
Preliminary engineering plans, including street improvements, drainage system, and public utility extensions.
(7)
Engineering feasibility studies of any anticipated problems which might arise due to the proposed development as required by the Planning Board.
(8)
Construction sequence and time schedule for completion of each phase for buildings, parking spaces and landscaped areas.
(9)
A description of the proposed uses including hours of operation, number of employees, expected volume of business, and type and volume of traffic expected to be generated.
B.
Site plan approval The Planning Board shall review the site plan and supporting data and shall hold a public hearing within 30 days of submittal before approval or approval with stated conditions is given, and taking into consideration the following objectives:
(1)
Harmonious relationship between proposed uses and existing adjacent uses.
(2)
Maximum safety of vehicular circulation between the site and the street network.
(3)
Maximum adequacy of interior circulation, parking and loading facilities with particular attention to vehicular and pedestrian safety.
(4)
Adequacy of landscaping and setbacks in regard to achieving maximum compatibility and protection to an adjacent residential district. Should changes or additional facilities be required by the Planning Board, final approval of the site plan shall be conditional upon the satisfactory compliance by the applicant to the changes or addition. An applicant wishing to make changes in an approved site plan shall submit a revised site plan to the Planning Board for review and approval before making application for a building permit.
§ 153-21 Special permits.
An applicant shall make application to the Planning Board for a special permit as permitted in each district and shall submit a site plan with such requirements as stated in § 153-22B of this article. The Planning Board shall review the application for a special permit and the site plan concurrently and shall hold a public hearing within 30 days of submittal and shall render an approval, approval with conditions or disapproval within 30 days of the public hearing.
A.
Existing violations; bar to special permit. No special permit shall be issued for a special use for a property where there is an existing violation of this chapter.
B.
Expiration of special permit. A special permit is not transferable and shall authorize only one special use and shall expire if the special use ceases for more than three months for any reason. A special permit, if granted, shall expire one-year after it is issued if the proposed use is not started by the applicant.
§ 153-22 Planned Unit Development District.
Provision is included for Planned Unit Development Districts to permit establishment of areas in which diverse uses may be brought together as a compatible and unified plan of development, which shall be in the interest of the general welfare of the public. In Planned Unit Development Districts, land and structures may be used for any lawful purpose in accordance with the provisions set forth herein.
A.
Procedure.
(1)
An applicant or agent thereof shall apply in writing for a change in district to a Planned Unit Development District and shall submit two copies of a preliminary development plan and any other supplementary material as described in § 155-22B to the Village Planning Board.
(2)
The Planning Board shall informally discuss the proposed application for a change in district and shall review the preliminary development plan with the applicant at a meeting of the Planning Board. The Planning Board shall prepare general recommendations with regard to the preliminary development plan and the proposed change in district.
(3)
The Planning Board shall send a copy of its recommendations to the applicant indicating its approval in principle, or its disapproval, concerning the proposed change in district and the preliminary development plan. If the proposed change in district and preliminary development plan are approved in principle, the Planning Board shall state any specific changes it will require and authorize the applicant to submit a formal application and development plan as applicant as outlined in § 155-22C.
(4)
The applicant shall submit three copies of an application for a change in district and three copies of a development plan, second submission.
(5)
The Planning Board shall discuss the proposed change in district and the development plan with the applicant at a public meeting. The Planning Board will submit its findings with regard to the proposed change in district and the development plan as required by § 155-22C to the Village Board of Trustees, which shall proceed in a process to amend this chapter.
(6)
After receipt of the Planning Board's recommendations, public notice shall be given and a public hearing held on the proposed change of district as provided by law in the case of an amendment to this chapter.
(7)
After the public hearing, this chapter may be amended so as to define the boundaries of the Planned Unit Development District, but such action shall have the effect only of granting permission for development of the specific proposal, in accordance with this chapter within the area so designated, with the development plan submitted. If the change of district and development plan is approved, an appropriate notation to the effect will be made on the face of the three copies of the development plan. One copy will be retained by the Clerk, one copy will be given to the Planning Board, and one copy will be returned to the applicant.
B.
Preliminary development plan, first submission. The owner shall submit a preliminary development plan to the Planning Board for review, which shall include the following information presented in drawn form and which may be accompanied by a written text:
(1)
Proposed site plan showing building locations and land use areas.
(2)
Proposed traffic circulation, parking areas and pedestrian walks.
(3)
Proposed landscaping layout.
(4)
Proposed construction sequence for buildings, parking spaces and landscaped areas.
(5)
State Environmental Quality Review Act.
C.
Development plan, second submission. The applicant shall submit a development plan to the Planning Board for review, together with the application for a change of district classification. The development plan shall be prepared by an architect, landscape architect, engineer, land surveyor or planner, and shall include the information required below presented in drawn form and which may be accompanied by a written text. This development plan shall be in general conformance with the approved preliminary development plan. Such approval shall be valid for three years, at which time, unless the proposed development has been completed, the development plan approval shall be considered denied and the Planning Board shall institute proceedings to change the zone to the previous classification.
(1)
Survey of the property, showing existing features of the property, including contours, buildings, structures, trees over four inches in trunk diameter, streets, utility easements, rights-of-way, and land use.
(2)
Site plan showing proposed building locations and land use areas.
(3)
Traffic circulation, parking areas and pedestrian walks.
(4)
Landscaping plans, including site grading and landscape design.
(5)
Preliminary drawings for buildings delineated to be constructed in the current phase, including floor plans, exterior elevations and sections.
(6)
Preliminary engineering plans, including street improvements, drainage system, and public utility extensions.
(7)
Engineering feasibility studies of any anticipated problems which might arise due to the proposed development as required by the Planning Board.
(8)
Construction sequence and time schedule for completion of each phase for buildings, parking spaces and landscaped areas.
D.
Findings required The Planning Board may recommend to the Village Board the establishment of a Planned Unit Development District provided that they find the facts submitted with the development plan establish that:
(1)
The uses proposed will not be detrimental to present and potential surrounding uses, but will have a beneficial effect which could not be achieved under any other district.
(2)
Land surrounding the proposed development can be planned in coordination with the proposed development and that it be compatible in use.
(3)
The proposed change to a Planned Unit Development District is in conformance with the general intent of the Comprehensive Development Plan.
(4)
Existing and proposed streets are suitable and adequate to carry anticipated traffic within the proposed district and in the vicinity of the proposed district.
(5)
Existing and proposed utility services are adequate for the proposed development.
(6)
Each phase of the proposed development as it is proposed to be completed contains the required parking spaces, landscape and utility areas necessary for creating and sustaining a desirable and stable environment.
(7)
The proposed Planned Unit Development District and all proposed buildings, parking spaces and landscape and utility areas can be completely developed within three years of the establishment of the district.
§ 153-23 Issuance of a sign permit.
No sign exceeding 100 square feet in area shall be erected or altered until a sign permit has been issued by the Enforcement Officer. All applicants for sign permits shall submit the following:
A.
Name, address and telephone number of the owner.
B.
Name of person or firm erecting the structure.
C.
Location of building, structure, or lot to which or upon which the sign is to be attached or erected.
D.
The type, size and location of the sign.
E.
Two copies of the plans and construction specifications for structures and attachments to the building or the ground.
F.
Copy of stress sheets and calculations showing that the structure is designed for dead load and wind pressure in any direction in the amount required by this chapter for signs 150 square feet or more in area.
G.
Any electrical permit required and issued for the sign.
H.
Such other information as the Enforcement Officer shall require to show full compliance with this chapter.
§ 153-24 SEQRA review.
Where any project or proposal requires a review under the provisions of the NYSEQRA, the Planning Board shall make such determinations as required and shall conduct the SEQRA process in accordance with such regulations and concurrently with any process or procedure contained in this chapter.
§ 153-25 Procedure for amendments and variances.
A.
The regulations, districts and boundaries established by this chapter may be amended or repealed after official notice has been given and a public bearing has been held.
B.
Each petition requesting a change of zoning regulations or district boundaries or a variance shall be typewritten, signed by an applicant, filed (original and two copies) with the Village Clerk, and accompanied by the fee established by the Village Board.
C.
Every such proposed amendment or change shall be referred to the Planning Board for a report before the public hearing. Notice of the time and place of the public hearing shall be published and posted as required by law and the Village shall proceed to amend this chapter or disapprove amendment of this chapter. If disapproval of an amendment is accorded, the Village Board shall publicly record its reasons to avoid charge of arbitrariness and/or capriciousness.
D.
The Planning Board shall require a plan of the proposed development and use where necessary of any area for which a change of zoning district or variance is sought, to assist them in their understanding of the proposal.
E.
In the case of a petition for a change in zoning district, filed with respect to a Planned Unit Development District, such change in zoning district shall not become effective until the petitioner has filed a performance bond in such amount and under such conditions as the Planning Board may deem to be in the best interests of the public, to insure that the proposed development of the area to be rezoned will be built in full compliance with the provisions of the accepted development plan.