Village of Carthage, NY Article IV Planning Board Review

§ 146-11 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.

§ 146-12 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.

§ 146-13 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.

§ 146-14 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.

§ 146-15 Procedure.

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. 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. A waiver of the hearing shall not be allowed in any one of the following circumstances:

(1) The use requires a special use permit pursuant to this chapter;

(2) The use is a Type I action according to the State Environmental Quality Review Act;[1]

[1] Editor's Note: See New York State Environmental Conservation Law § 8-0101 et seq.

(3) The use is over 2,000 square feet of floor or ground area;

(4) The use is over 35 feet in height;

(5) The use requires an increase or change in public water supply facilities, sewerage facilities, drainage facilities, sidewalks, roads, curbs, gutters, or other public improvements;

(6) 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 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.

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 the zoning law, 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.