SECTION 1101 DUTIES, AMENDMENTS, AND SPECIAL USE/SITE PLAN
The Village Board shall have the following duties with respect to this Zoning Law:
A. Amendments -
1.) The Village Board may from time to time on its own motion or on petition or on recommendation of the Planning Board, amend, supplement, or repeal the regulations and provisions of this Law after public notice and hearing.
B. Special Use Permit/Site Plan Review -
1.) Applicability - The Village Board shall hear all requests for Special Use Permits/Site Plan Reviews for any project including the extension of infrastructure (roads, utilities) as well as all commercial/industrial projects with 15,000 sq. ft. of floor space or more. Requests for mobile home parks shall also be reviewed by the Village Board.
2.) Special Use Permit Provisions -
a.) Standards -- The location and size of the use, the nature, and intensity of the operations involved, the size of the site in relation to it, and the location of the site with respect to the existing or future streets giving access to it, shall be such that it will be in harmony with the orderly development of the district and the location, nature, and height of buildings, walls, and fences and will not discourage the appropriate development and use of adjacent land and buildings or impair the value thereof. Operations in connection with any special use shall not be more objectionable to nearby properties by reason of noise, fumes, vibrations, or lights than would be the operations of any permitted use.
b.) Conditions --
1.) In the granting of Special Use Permits, the Village Board shall attach such conditions and safeguards as it deems appropriate under this Law.
2.) The supplemental section of this Law entitled General Conditions will be referred to and used as a checklist of possible conditions to be attached to the Special Use Permit being requested. It should not be assumed that this section is all-inclusive.
3.) A plan for the proposed development of a site for a designated special use shall be submitted with an application for a Special Use Permit, and the plan shall show the location of all buildings, lots, parking areas, traffic access, and circulation drives, and any other pertinent information that the Village Board deems necessary.
c.) Procedures -- The Village Board shall act in strict accordance with procedures specified by Law and by the Zoning Law with regard to public hearings, notices, publications, and referral to County Planning Board,etc.
d.) Expiration -- A Special Use Permit shall be deemed to authorize only one particular use and the Village Board may provide for a time limit or expiration date for such permit. The Special Use Permit shall expire if the special use shall cease for more than one year.
e.) Existing Violations -- No Special Use Permit shall be issued for a property where there is an existing violation of this Law.
3.) Site Plan Review Requirements –
a.) Purpose -- Site plan review has the purpose of specifying for all involved parties what the intended design, arrangement, and uses of the land shall consist of so as to optimize the physical, social, and economic effects on the community for specified types of development.
b.) Administration --
1.) Permits –The Village Board shall be responsible for a site plan review of all commercial development with over 15,000 square feet of floor space or residential development involving more than five dwelling units. In these instances, the Village Board shall also be responsible for administering the Special Use Permit requirements, with both processes taking place simultaneously, if practicable.
2.) Expiration - A Site Plan Review shall be deemed to authorize only one particular use and shall expire if the use shall cease for more than one year.
3.) Hearings - An attempt shall be made to integrate, where appropriate, the Site Plan Review requirements into the required Special Use Permit Hearing, thus eliminating the need for two hearings.
4.) Referral - The Village Board shall, within seven days of receipt of the completed application, submit to the Planning Board a request for an opinion on any proposed project. The Village Board shall wait fourteen days for a response prior to acting on the matter.
5.) Decision Requirements - Within forty-five days of receipt of the completed application, the Village Board shall render a decision to the applicant. The applicant shall be notified in writing of the decision with the reasons for the decision specified.
c.) Information Required -- Sketches drawn to approximate scale will be prepared by the applicant, where feasible, to display the following information:
1. Administration, Legal, and Other Miscellaneous Information
a.) Project title and date;
b.) Name, address, and telephone number(s) of applicant, owner (if different), contractor, architect, and other major involved parties;
c.) Construction schedule to include phasing and the completion date;
d.) If applicable, performance bond, to include amount, public improvements covered and bond approval;
e.) Location width and purpose of all easements, public land holdings, leases, covenants, deed restrictions, or any other unique land restriction;
f.) Record of all applications for permits from the Federal, State, or County governments to include approval status; and
g. Necessary State Environmental Quality Review (SEQR)
2. Existing Man-made Features to be Shown -
a.) Boundary lines of project site as well as adjacent properties;
b.) Ownership pattern of all adjacent parcels;
c.) Existing structures on project site and adjacent property to include location, dimensions, height, and use. Decks and accessory structures should also be shown as well as historic structures.
d.) Roadways to include public roads, private roads, or driveways on the site, on and off-street parking, load/unload zones, access and egress, pedestrian pathways, or sidewalks. Width and elevations should be included.
e.) Utilities shall be identified to include location and size of water, sewer, drainage pipes, telephone, electric, gas, and TV cable. Additionally, any solar systems should be identified.
f.) Miscellaneous features to include: fences, signs, outside lighting, public address systems, storage areas, and retaining walls shall be shown.
g.) Fire lanes and fire hydrants, if any exist, should be displayed.
h.) Recreational areas both on the site and adjacent properties should be displayed to include public and private facilities. Decks, pools, tennis courts, etc, should be included.
i.) Trash or garbage collection areas shall be identified.
j.) Services such as banks, schools, retail, or service districts should be identified.
k.) Zoning district boundaries shall be identified.
l.) Other information deemed necessary by the VIllage Board.
3.) Existing Natural Features to be Shown -
a.) Topographic features with a minimum interval of ten feet but preferably two feet. Areas of steep slope should be delineated.
b.) Geographic features such as depth to bedrock and load bearing capacity for large development proposals.
c.) Hydrogeological features including drainage and runoff patterns, flood hazard areas, wetlands, depth to groundwater, and drainage capacity of soil.
d.) Landscaping and vegetative cover including wooded areas, significant isolated trees, ground cover, shrubs, and other similar features. Buffers should be identified.
e.) Watercourses to include lakes, streams, or ponds.
f.) Archaeologically significant areas.
g.) Significant views of landscapes should be identified.
h.) Other information deemed necessary by Village Board.
4.) New Proposal Features -
a.) Referring to the EXISTING man-made and natural features above, provide a description/sketch of any changes that are being proposed.
b.) Include construction materials proposed for use.
c.) Provide design features.
d.) List the positive and negative effects for each existing feature listed above (e.g., traffic to be generated and the effects it will have on specific roadways).
SECTION 1102 REFERRAL TO VILLAGE AND COUNTY PLANNING BOARDS
A. Prior to action on zoning amendments, Special Use Permits/Site Plan Review Permits, the Village Board shall advise the Village and County Planning Boards of the proposed action.
B. The Planning Boards shall have thirty days in which to review the proposed action and return its recommendation to the Village Board. After the thirty days has expired, the Village Board may act without receipt of a recommendation from Either of the Planning Boards.
SECTION 1103 MANDATORY REFERRAL
General Municipal Law 239, l and m, must be followed when amending a zoning law. The Mandatory Referral section found in the Zoning Board of Appeals Article should be consulted for the procedure to be followed.