West Carthage City Zoning Code
ARTICLE V
Planning Board Review
§ 91-20 Purpose.
It is the intent 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.
§ 91-21 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.
§ 91-22 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.
§ 91-23 Application requirements.
An application for project review shall be made on forms prescribed by the Village. 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:
A.
Name and address of applicant and owner, if different, and of the person responsible for the preparation of such drawing;
B.
Date, North arrow, written and graphic scale;
C.
Boundaries of the area plotted to scale, including distances, bearings, and areas;
D.
The current zoning classification of the property, including the exact zoning boundary if in more than one district;
E.
A complete outline of existing or proposed deed restrictions or covenants applying to the property;
F.
Location and ownership of all adjacent lands as shown on the latest tax records;
G.
A written description of all proposed uses and activities on the site, including the number and distribution by type of all dwelling units;
H.
Location, name, and existing width and right-of-way of adjacent roads, including traffic circulation patterns;
I.
Location, width, and purpose of all existing and proposed easements, setbacks, reservations, and areas dedicated to public use adjoining the property;
J.
Location, size, and design of the following: existing, proposed, and alterations to buildings, driveways, parking and loading areas, outdoor storage areas, sidewalks or pedestrian paths, drainage facilities, sewage facilities, water facilities, signs, outdoor lighting, landscaping or screening, buffer areas, snow storage areas; walls and fences, energy distribution facilities, fire lanes and other emergency zones;
K.
Plans for controlling soil erosion and sedimentation during development;
L.
Plans for grading and drainage showing existing and proposed contours of five-foot intervals;
M.
Significant or outstanding natural features of the property (e.g., wetlands, streams, high-water lines, cliffs, dense vegetation, etc.);
N.
Designation of the amount of gross floor area and gross leasable area proposed for each nonresidential use;
O.
Project construction schedule and staging phases, if applicable;
P.
An environmental assessment form (EAF) or draft environmental impact statement (EIS), pursuant to 6 NYCRR Part 617, where required;
Q.
An agricultural data statement, pursuant to Village Law § 7-739, when applicable;
R.
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 in the application pursuant to General Municipal Law § 809, when applicable;
S.
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;
T.
Application fee as stated in the fee schedule adopted by the Village.
§ 91-24 Procedures.
A.
Presubmission conference. 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 rough conceptual drawings, proposed uses, the possible waiver of submission requirements, the review procedure and the criteria that the project must meet.
B.
Waiver of 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.
Public hearing.
(1)
Once a completed application has been formally accepted by the Planning Board at a public meeting of the Board, the Board shall have a maximum of 62 days to hold a public hearing on the application to entertain public comment, unless the hearing is waived. This time period may be extended upon the mutual consent of the Planning Board and the applicant.
(2)
A waiver of the hearing shall not be allowed in any one of the following circumstances:
(a)
The use requires a special use permit pursuant to this chapter;
(b)
The use is a Type I action according to the State Environmental Quality Review Act;
(c)
The use is over 2,000 square feet of floor or ground area;
(d)
The use is over 35 feet in height;
(e)
The use requires an increase or change in public water supply facilities, sewerage facilities, drainage facilities, sidewalks, roads, curbs, gutters, or other public improvements;
(f)
The applicant has requested a public hearing.
D.
Public hearing notice. At least five days' advance public notice of the hearing shall be published in a newspaper in general circulation in the Village. A notice of the hearing shall be mailed to the applicant at least 10 days before the hearing. 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 town/village or any village within the town;
(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 of 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[1] 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.
[1]
Editor's Note: See Environmental Conservation Law § 8-0101 et seq.
G.
Final decision. The final decision by the Planning Board must be made within 62 days following the close of the public hearing, or where the public hearing has been waived, within 62 days of the official submission date. 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 Enforcement 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 this Zoning Chapter, application may be made to the Zoning Board of Appeals for an area variance without the necessity for a decision or determination of the Enforcement Officer.
K.
Expiration of site plan reviews and special use permits. Site plan review decisions and special use permits shall expire six months from the date of issue unless substantial progress has been made towards carrying out the terms of Planning Board decision. The applicant shall have two years to complete the terms of the decision, or all work shall cease at the site. An extension may be allowed by the Enforcement Officer upon proof of necessity submitted by the applicant due to conditions unusual or beyond the control of the applicant.
§ 91-24.1 General criteria for all special use permits.
[Amended 3-1-2011 by L.L. No. 1-2011]
A.
Uses subject to special use permits are generally appropriate in the district in which they are allowed but may not be suitable for a particular parcel of property within the district. The purpose of special use permit review is to allow the Planning Board to assess a use for its suitability for the specific site on which it is proposed.
B.
The Planning Board may approve, approve with modifications or disapprove an application for a special use permit based on the criteria of this chapter.
C.
The Planning Board is hereby authorized to waive any requirements of this chapter pertaining to special use permit review and approval when such waiver is reasonable and where the requirements of this chapter are not requisite in the interest of the public health, safety or general welfare or are inappropriate to a particular special use permit.
D.
The Planning Board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed special use permit.
E.
In considering and acting on special use permits, the Planning Board shall consider the following:
(1)
Whether the proposed use is consistent with the Comprehensive Plan for the community and that the public health, safety, welfare, and comfort and convenience of the public in general are safeguarded.
(2)
Whether the public facilities to service the proposed use, including water supply, sewage disposal, drainage facilities, road and pedestrian facilities and solid waste facilities, and any other utilities and public services are adequate for the intended level of use.
(3)
Whether the proposed use is of a character, scale and intensity of use compatible with the surrounding neighborhood, will not conflict with neighboring uses, and will not impair the value of properties.
(4)
Whether the proposed use shall not have a deleterious effect on the site or the surrounding neighborhood with regard to natural resources; aesthetic resources; scenic, historic or archaeological sites or structures; or the quality of air or water.
(5)
Whether the proposed use shall not cause undue noise, vibration, odor, glare, smoke, dust, fumes, unsightliness or electrical disturbance, nor pose a danger to neighboring properties or the general neighborhood due to hazardous or volatile substances.
§ 91-24.2 General criteria for all site plan reviews.
[Amended 3-1-2011 by L.L. No. 1-2011]
A.
Uses subject to site plan review are appropriate in the district in which they are allowed but require the review of the Planning Board to ensure the adequacy and proper arrangement of the proposed improvements to the site.
B.
The Planning Board may approve, approve with modifications or disapprove an application for a site plan based on the criteria of this chapter.
C.
The Planning Board is hereby authorized to waive any requirements of this chapter pertaining to site plan review and approval when such waiver is reasonable and where the requirements of this chapter are not requisite in the interest of the public health, safety or general welfare or are inappropriate to a particular site plan review.
D.
The Planning Board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed site plan.
E.
The Planning Board shall require that all site plans comply with the following general review criteria:
(1)
The site is designed so as to be consistent with the Comprehensive Plan for the community;
(2)
Parking, queuing and loading areas are adequate for the intended level of use and arranged so as to minimize negative impacts on adjacent properties and the public road system;
(3)
Access to the site is safe and convenient and relates in an appropriate way to both the internal circulation on the site as well as the public road system;
(4)
The internal circulation of the site is arranged so as to provide safe access to parking, queuing and loading areas, provide access for emergency and service vehicles, provide adequate separation of pedestrian and vehicular movements, and minimize impacts on the public road system;
(5)
Pedestrianways are safe and adequate and are properly integrated with the pedestrianways of adjacent properties and the neighborhood;
(6)
Site lighting is adequate for the intended use of the property, is designed to minimize impact on neighboring properties, and is appropriate for the character of the neighborhood;
(7)
The designs, locations, dimensions and architectural styles of buildings, structures and signs are in keeping with the character of the neighborhood;
(8)
The site is suitably landscaped and appropriately screened from adjacent properties and the public road at all seasons of the year so as to protect the visual character of the area and to minimize negative impacts on adjacent properties and the neighborhood;
(9)
Activities which are incompatible with adjacent properties are suitably buffered so as to minimize negative impacts on such adjacent properties;
(10)
Changes to existing drainage patterns, or increased drainage, due to development activity have no negative impacts on adjacent property, community drainage systems, or streams and wetlands;
(11)
On-site activities are designed and conducted so as to minimize soil erosion and sedimentation;
(12)
Water supply and sewage disposal facilities are safe and adequate;
(13)
Existing vegetation, natural features and landform are preserved to the extent practical;
(14)
Residential sites contain adequate and appropriate open space and recreation areas for the residents of the site;
(15)
The integrity of scenic, historic and archeological sites are preserved where practical.
§ 91-24.3 Specific criteria for site plan reviews.
[Added 3-1-2011 by L.L. No. 1-2011]
A.
Architectural design.
(1)
The architectural design, layout and function of uses and structures must not conflict with that of neighboring uses or the district.
B.
Buffering.
(1)
Commercial, small commercial and industrial uses and parking lots shall be buffered from adjacent residential uses.
(2)
Additional setbacks from lot lines may be required, if necessary, to buffer adverse effects of a proposed use on adjacent properties.
(3)
The adequacy, type and arrangement of trees, shrubs and other landscaping which constitutes a visual and/or a noise-deterring buffer between competing adjacent uses and adjoining lands shall be reviewed and approved.
C.
Drainage.
(1)
To the extent practicable, all development shall conform to the natural contours of the land and natural and preexisting man-made drainageways shall remain undisturbed.
(2)
All developments shall be provided with a drainage system that is adequate to prevent the undue retention of surface water on the development site. Surface water shall not be regarded as unduly retained if the retention results from a technique, practice or device deliberately installed as part of an approved sedimentation or stormwater runoff control plan; or the retention is not substantially different in location or degree than that experienced by the development site in its predevelopment state, unless such retention presents a danger to health or safety.
(3)
No surface water may be channeled or directed into a sanitary sewer.
(4)
Whenever practicable, the drainage system of a development shall be coordinated with the connections to the drainage systems or drainageways on surrounding properties or roads.
(5)
Private roads and accessways within unsubdivided developments shall utilize curb and gutter and storm drains to provide adequate drainage if the grade of such roads or accessways is too steep to provide drainage in another manner or if other sufficient reasons exist to require such construction.
(6)
All developments shall be constructed and maintained so that adjacent properties are not unreasonably burdened with surface waters as a result of such developments. More specifically:
(a)
No development may be constructed or maintained to unreasonably impede the natural flow of water from higher adjacent properties.
(b)
No development may be constructed or maintained so that surface waters are unreasonably collected and channeled onto lower adjacent properties at such locations or at such volumes as to cause substantial damage to lower adjacent properties.
D.
Electrical disturbance.
(1)
Electrical disturbances shall not be caused so as to disrupt radio or television communications in the immediate area.
E.
Erosion and sediment control.
(1)
All earthmoving activities shall be conducted in such a way as to prevent accelerated erosion and the resulting sedimentation. To accomplish this, any person engaged in earthmoving activities shall effectively develop, implement and maintain erosion and sedimentation control measures. These erosion and sedimentation measures must be set forth in a plan as described below and must be available at all times at the site of the activity.
(2)
The erosion and sedimentation control plan shall include but not limited to the following:
(a)
The topographic features of the project area;
(b)
Types, depth, slope, and extent of the soils;
(c)
The proposed alteration to the area;
(d)
The amount of runoff from the project area and the upstream watershed area;
(e)
The staging of earthmoving activities;
(f)
Temporary control measures and facilities for use during earthmoving;
(g)
Permanent control measures and facilities for long-term protection; and
(h)
A maintenance program for the control facilities, including disposal of materials removed from the control facilities or project area.
(3)
During and upon completion of the project, all areas which were disturbed by the project shall be stabilized so that accelerated erosion shall be prevented.
(4)
Any erosion and sedimentation control facility required or necessary to protect areas from erosion during the stabilization period shall be maintained until stabilization is completed.
(5)
Upon completion of stabilization, all unnecessary or unusable control facilities shall be removed, the areas shall be graded, and the soils shall be stabilized.
F.
General nuisance effects.
(1)
The site shall be designed so that any excessive noise, vibration, lighting glare, dust, fumes, smoke or odor caused by the use shall be prevented from adversely affecting and depreciating neighboring properties.
G.
Hazardous materials.
(1)
All buildings, structures or areas used in the production, handling, and storage of hazardous materials shall be located at least 500 feet from any lot or street line.
(2)
All buildings, structures or areas used for producing, handling or storing hazardous materials must be placed on a paved, concrete, or similar solid surface and have in place walls, mounds, pits or some similar devices which, in case of leakage or spills, will retain the hazardous material on the site and prevent contamination of the soil and groundwater.
(3)
No hazardous material shall be disposed of on site.
(4)
The entire lot on which the operation is located shall be enclosed by a fence at least 10 feet high, and all entrances and exits shall be locked, have security personnel available or employ some system which restricts access to the area.
H.
Impervious surfaces.
(1)
Where no public storm sewers are available, no more than 65% of the gross site area may be covered by impervious surfaces.
I.
Landscaping.
(1)
Landscaping shall be used to enhance the visual character of the use, provide a more comfortable micro-climate, aid in traffic circulation and drainage, eliminate erosion, and provide for visual and noise barriers.
(2)
Consideration shall be given to seasonal needs for solar access, wind screens and shading.
(3)
Natural vegetative features of the site shall be retained and maintained when at all possible, and new vegetation shall be used that is suitable for or native to the region.
(4)
Any proposed road that is part of a site plan shall have new trees planted or retain existing trees.
(5)
Landscaping design should include consideration for basic site maintenance such as lawn mowing and leaf removal and should not be in conflict with snow removal and storage.
(6)
Landscaping shall involve grading, seeding and regular mowing of the front yard area at a minimum.
J.
Lighting.
(1)
All developments shall have adequate lighting to ensure the safety and security of persons using or occupying such development.
(2)
Lighting should be located along streets and parking areas, at intersections and where various types of circulation systems merge, intersect or split, along pathways, at stairways and building entrances and exits, and where buildings are set back or offset.
(3)
Freestanding lights should be so located and protected to avoid being easily damaged by vehicles.
(4)
All lighting shall be designed and arranged so as to minimize glare and reflection on adjacent properties and roads; and where lights along the property lines will be visible to adjacent residents, the lights should be appropriately shielded.
(5)
All lights should be shielded to restrict the maximum apex angle of the cone of illumination to 150 degrees.
(6)
The style of the light and light standard should be consistent with the architectural style of the principal building.
(7)
The maximum height of freestanding lights should be the same as the principal building but not exceeding 25 feet.
(8)
No floodlights in excess of 100 watts shall be installed without specific written approval of the Planning Board, and spotlight-type fixtures attached to buildings should be avoided.
K.
Recreation and open space.
(1)
In the case of residential developments, recreation areas (both playgrounds and informal recreation areas) may be required where a finding has been made that such recreation areas are necessary based on the projected population growth which the particular site plan will contribute.
(2)
Nonrecreational open spaces may be required for circulation and other reasons.
M.
Screening.
(1)
Every development shall provide sufficient screening so that neighboring properties are shielded from adverse external effects of that development and the development is shielded from negative impacts of adjacent uses.
(2)
When a commercial use abuts a residential property, screening may be required of sufficient height and density (i.e., fences, hedges, etc.) to reduce or eliminate conflicting environmental conditions.
N.
Site layout.
(1)
The elements of a site plan include such things as structures, vegetation, land forms, open space, drainage systems, and automobile and pedestrian trafficways. Such elements shall be laid out in such a way that they are integrated to work as a well-functioning system which enhances the aesthetic quality of the site so that it is beneficial and not detrimental to the use on the site or neighboring sites or damaging or inconvenient to property or persons.
O.
Vehicular and pedestrian traffic.
(1)
The adequacy and arrangement of safe vehicular traffic access and circulation, including intersections, road widths, curb cuts, channelization structures and traffic controls, shall be reviewed. Traffic access to and from the site, as well as on-site traffic circulation, shall be designed and constructed so as to reduce traffic hazards.
(2)
No new vehicular entrances shall be provided within 50 feet of an existing intersection.
(3)
The adequacy and arrangement of pedestrian traffic access and circulation, including separation of pedestrian from vehicular traffic, walkways, structures, control of intersections with vehicular traffic and pedestrian convenience, shall be reviewed. Pedestrian and automobile conflicts shall be minimized as much as possible, and safe passage for pedestrians shall be provided.