[HISTORY: Adopted by the Board of Trustees of the Village
of Canajoharie 5-5-2009 by L.L.
No. 1-2009. Amendments noted where applicable.]
The Village of Canajoharie considers the environmental and cultural
resources within its jurisdiction as assets to the overall Village
character that positively contribute to the quality of life enjoyed
by Village residents and business owners. Thus, the protection of
the Village character is of utmost importance. This ongoing responsibility
is supported with the establishment of a site plan review process
that further supports the intention of managing future growth in accordance
with the Village Comprehensive Plan 2007.
A.
By virtue of § 7-725-a of the Village Law of the State
of New York, the Village Board of Trustees of the Village of Canajoharie
hereby authorizes the Planning Board to review minor and major site
plan applications and to make recommendations for approval, conditional
approval, or disapproval to the Village Board of Trustees. Such review
of site plans shall be in accordance with the procedures and regulations
set forth below. Final minor site plan approvals shall be determined
by the Village Planning Board and preliminary and final major site
plan approvals shall be determined by the Village Board of Trustees
and shall be provided prior to the issuance of any building permit
or certificate of occupancy for construction or use of land the development
of which requires site plan approval.
B.
A fee, as specified by resolution by the Village Board of Trustees
of the Village of Canajoharie, is required with the application for
a major site plan review.
All definitions located in Chapter 157, Zoning, of the Village Code shall apply to this section herein. Additional definitions include the following:
A site plan used to illustrate the existing and proposed
conditions for a parcel or parcels of land.
A development plan that is subject to major site plan review
procedures and approval.
A development plan that is subject to minor site plan review
procedures and approval.
A development plan on which is shown the existing and proposed
conditions of a specific parcel, including, but not limited to, topography,
vegetation, drainage, floodplains, marshes and waterways, open spaces,
walkways, means of ingress and egress, utility services, landscaping,
structures and signs, lighting and screening devices, and any other
information that reasonably may be required in order that an informed
decision can be made by the Planning Board or the Village Board of
Trustees.
A.
Major site plan approval by the Village Board of Trustees shall be
required for the following uses and actions:
(1)
Any new construction, enlargement of, or addition to a nonresidential
building.
(2)
A change of use in which a change in the nonresidential building
footprint is also proposed.
(3)
Proposed new roads and driveways, and changes to existing roads and
driveways that access property other than single-family residential
property.
(4)
The new construction of a multifamily, with four units or more, residential
structure.
(5)
Any clearing, grading and filling of 15% (measured in acreage) or
more of the total parcel.
B.
Minor site plan approval by the Village Planning Board shall be required
in all residential districts for the following uses and actions:
(1)
Any new construction or enlargement of a single-family or two- or
three-unit residential structure, residential accessory structure,
or driveway construction or alteration.
A.
The steps in the major site plan approval process are as follows:
(1)
Preliminary conference with Planning Board.
(2)
Submission of application for site plan approval with appropriate
fee.
(3)
Planning Board review of preliminary site plan.
(4)
Planning Board preliminary site plan recommendation to Village Board
of Trustees.
(5)
Village Board of Trustees approval of preliminary site plan.
(6)
Submission of final detailed site plan for approval.
(7)
Possible public hearing.
(8)
Planning Board recommendation of final detailed site plan.
(9)
Village Board of Trustees approval of final detailed site plan.
C.
The Planning Board, at its sole discretion, may waive or merge any
of these steps in arriving at its decision regarding its recommendation
to the Village Board of Trustees of the final detailed site plan.
The detailed submission requirements and review factors for each of
these steps are described in the following sections.
A preliminary conference is required for major site plan approval.
Prior to submission of a formal site plan application, a preliminary
conference shall be held between the Planning Board and/or its designated
representative and the applicant to discuss the proposed site plan
to generally determine the necessary information to be submitted by
the applicant on or with the site plan application. At this conference,
the applicant should provide a statement, preliminary plan with site
layout, concept sketch and any photographs or other graphics that
illustrates and describes the proposed project and intended use.
A.
Minor site plan application. A minor site plan application shall
include building footprints (existing and proposed) on a legal survey
map, current photographs of existing site conditions, and any information
regarding proposed building materials, building height, size and design.
All minor site plan applications shall be made to the Village Clerk.
B.
Major site plan application. A major site plan application, to the
extent determined necessary and applicable by the Planning Board,
must be supported by the following data and any other data requested
by the Planning Board or its designated representative at the preliminary
conference. All major site plan applications shall be made to the
Village Clerk.
(1)
Legal data.
(a)
The names of all owners of record of all adjacent properties
and the lot, block and section number of the properties.
(b)
Legal survey of property to be developed.
(c)
Existing zoning district boundaries.
(d)
Boundaries of the property, building or setback lines and lines
of existing streets, lots, reservations, easements and areas dedicated
to public use. All lengths shall be in feet and decimals of a foot.
(e)
A copy of any covenants or deed restrictions that are intended
to cover all or any part of the tract.
(2)
Existing conditions (built and natural) topographic data.
(a)
The location of existing buildings.
(b)
The location of existing water mains, culverts and drains on
the property with pipe sizes, grades and direction of flow.
(c)
Existing contours with intervals of two feet or less, referred
to a datum satisfactory to the Board.
(d)
The location of existing watercourses, marshes, rock outcrops,
wooded areas, single trees with a diameter of six inches or more measured
three feet above the base of the trunk, and other significant natural
or cultural features.
(3)
Development data.
(a)
Title of drawing, including name and address of applicant and
identification of parcel by name and number, North point, scale and
date.
(b)
Boundaries of the property plotted to scale.
(c)
All means of vehicular access 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 with profiles, indicating connections with
existing lines or alternative means of water supply or sewage disposal
and treatment.
(f)
The proposed location, direction, power and time of proposed
outdoor lighting by means of data, details and an illumination contour
plan which shows that lighting equal to or greater than 1/2 footcandle
will not occur off site.
(g)
The proposed screening, where deemed appropriate, including
screening of all mechanicals.
(h)
The proposed stormwater drainage system.
(i)
The location, either existing or proposed, of tents, inflatable
structures and similar structures or facilities which are erected
or intended to be erected for more than 30 days within any one-year
period, all of which are deemed structures or facilities that must
be shown on any required site plan.
(j)
A plan showing existing slopes, rock outcrops, and rock ledges
on the site and the environs within 200 feet of the property boundaries,
and the postconstruction plan showing proposed topographic contours
and profiles, with existing and proposed contours to be shown at a
maximum vertical interval of two feet.
(4)
Architectural data. To improve the overall visual and built quality
in the Village, to encourage quality exterior building design, and
to encourage buildings that are in character and scale to the site
and surrounding area, the Planning Board shall also consider architectural
features in its review of site plans. The applicant shall be required
to submit, along with the detailed site plans, the following materials
in order to demonstrate the design context within which a development
is proposed:
(a)
A photographic montage or appropriate drawings of the proposed
development and its immediate surrounding neighborhood. The montage
or drawings shall show the proposed building and all buildings within
a two-hundred-foot radius of the proposed building. If the building
is within 200 feet of a corner, the montage or drawings shall include
the corner and that part of the adjacent block within the two-hundred-foot
radius of the proposed building.
(b)
Scaled building elevations.
(c)
Narrative description and/or samples of proposed exterior building
materials and treatments.
A.
Prior to issuing a building permit for the construction of a building
on a residential lot, the Code Enforcement Officer shall refer the
site plan application and supporting material to the Planning Board
for its review and final approval.
B.
No later than 62 days from the receipt by the Planning Board of the
complete application for minor site plan approval at a meeting, the
Planning Board shall render a final decision. The time in which the
authorized board must render its decision may be extended by mutual
consent of the applicant and such board. If the Planning Board makes
no recommendation during this time, the applicant may proceed as if
approval has been granted. The final detailed minor site plan, if
required, shall be forwarded to the Montgomery County Planning Board
for its review and approval during this period.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
Upon approving a minor site plan application, the Village Planning
Board shall endorse its approval on the final site plan and forward
it to the Code Enforcement Officer. Following this approval, the Code
Enforcement Officer shall issue a building permit, if required, to
the applicant if the project conforms to all other applicable requirements.
D.
Upon the disapproval of a minor site plan application, the Village
Planning Board shall so inform the Code Enforcement Officer. The applicant
will be notified in writing of the decision and reasons for disapproval.
A copy of the appropriate minutes may suffice for this notice requirement.
E.
In final approval of all minor site plans, the Village Planning Board
shall assure that all site development details, including related
signage, shall be of such design, appearance and relation to one another
that they will enhance the appearance of the environs of the Village
of Canajoharie. In furtherance of these purposes, the Board shall
assure good building design that is complimentary to the existing
character of the surrounding neighborhood.
A.
Preliminary site plan review process.
(1)
The Code Enforcement Officer or Village Clerk shall refer all completed
preliminary major site plan documentation and related studies or reports
to the Planning Board for its review. Unless otherwise agreed to by
the Planning Board, any pending application for preliminary major
site plan approval will be considered abandoned following three consecutive
months without progress acceptable to the Planning Board. An application
deemed abandoned for lack of progress shall not preclude the filing
of a new application for the same project. It shall be the applicant's
responsibility to diligently proceed to complete the site plan application,
provide the Planning Board timely updates, and request any extensions
of time to avoid abandonment of a pending application.
(2)
During its review, the Planning Board may, at a cost to be assessed
to and paid by the applicant, consult with other legal, engineering,
planning, design, or environmental specialists and other municipal
and county officials, as well as representatives of appropriate federal
and state agencies.
(3)
Public hearing.
(a)
The Planning Board may determine that a public hearing on the
preliminary major site plan is warranted. The criteria for requiring
a public hearing are as follows:
(b)
If the Planning Board decides to hold a public hearing, it must
do so within 62 days of receipt by the Planning Board at a meeting
of the complete application for site plan review and approval, unless
there is a mutual agreement between the Planning Board and applicant
for an extension of time. Notice of the public hearing shall be published
five days prior to the date of the hearing in the official newspaper,
and notice of hearing shall be mailed not less than 10 days prior
to the date of the hearing to all owners of property abutting and
within 200 feet of the property for which such application is made
and to any other person(s) the Board of Trustees may deem to be particularly
affected. Provided that due notice shall have been published and that
there shall have been substantial compliance with the remaining provisions
of this section, the failure to give notice in exact conformance herewith
shall not be deemed to invalidate any action taken in connection with
the grant or denial of any special permit.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(4)
Major site plan applications shall be referred, when required by
law, to the Montgomery County Planning Department for review pursuant
to the Montgomery County Administrative Code at least 30 days prior
to the required public hearing.
(5)
The Planning Board's action shall be in the form of a written
recommendation to the Village Board of Trustees stating whether or
not the preliminary site plan should be approved, approved with modifications,
or disapproved. The Planning Board's recommendation may include
desirable modifications to be incorporated in the final preliminary
site plan as a condition of approval. A copy of the appropriate minutes
of the Planning Board shall be a sufficient report.
(6)
If it is determined practicable, the Village Planning Board and Village
Board of Trustees shall hold a joint meeting for preliminary major
site plan review.
(7)
After receipt of the Planning Board's recommendations, the Village
Board of Trustees shall render an approval, approval with modifications,
or disapproval of the preliminary site plan. This action shall be
in the form of a written statement to the applicant and may include
desirable modifications to be incorporated in the final preliminary
site plan. Conformance with said modifications shall be considered
a condition of approval. A copy of the appropriate minutes of the
Village Board of Trustees shall be a sufficient report.
(8)
If the preliminary site plan is disapproved, the Village Board of
Trustees' statement shall contain the specific reasons for such
finding. In such a case, the Village Board of Trustees may recommend
further study of the site plan and resubmission of the preliminary
site plan to the Planning Board after it has been revised or redesigned.
(9)
No modification of existing stream channels, filling of lands (with a moderate- to high-susceptibility to flooding, grading or removal of vegetation in areas with moderate- to high-susceptibility to erosion) or excavation for any construction of site improvements shall begin until the developer has received final site plan approval. Failure to comply shall be construed as a violation of Chapter 157, Zoning, and, where necessary, final site plan approval may require the modification or removal of unapproved site improvements.
B.
Preliminary site plans shall be reviewed for attributes and details,
which may include but are not limited to the following:
(1)
Adequacy and arrangement of vehicular traffic access and circulation,
including intersections, road widths, channelization structures and
traffic controls, culs-de-sac and turnarounds.
(2)
Adequacy and arrangement of pedestrian traffic access and circulation,
including separation of pedestrian from vehicular traffic, walkway
structures, control of intersections with vehicular traffic and pedestrian
conveniences.
(3)
Location, arrangement, appearance and sufficiency of off-street parking
and loading, including sufficiency of paving. Location and adequacy
of on-street parking and loading.
(4)
A site layout, including the location, character and appearance of
any proposed building, group of buildings in relationship with parking
and other on-site uses, and sign location, with the power, direction
and time of any outdoor lighting of the site, and all potential light
spillage onto any adjoining properties in surrounding neighborhood,
relationship of the various uses to one another and their scale.
(5)
Building design.
(a)
Scale and proportion. The height, width, bulk and general proportions
of the development, the ratio of wall surface to openings, and the
ratio of the width and height of windows and doors.
(b)
Setback and orientation. The setback of the building, accessory
structures, and retaining walls, and the orientation of the proposed
building to the setbacks on the lot, as well as to the setbacks of
proximate buildings and the common street setback.
(c)
Windows and doors. The pattern of placement and proportions
of windows and doors, and their relationship with that of the existing
building and other structures in the two-hundred-foot vicinity of
the building.
(d)
Roof form. Roof form should be in proportion to the structure
and should relate to the materials and construction of the existing
building and structures in the two-hundred-foot vicinity.
(e)
Features and details. Balconies, decks, covered porches, bracketed
eaves, columns, balustrades, towers, turrets, skylights, and arches
should be in proportion to each other.
(f)
Wall materials. Walls should be constructed of natural materials
such as masonry, stone, or wood, or of synthetic materials that are
selected for harmony with natural materials.
(g)
Lighting. All lighting should be appropriate to the building
and its surroundings in terms of style, scale and intensity of illumination.
Low-wattage systems are preferred. Site lighting should be shielded
to prevent glare or spillage onto adjoining properties.
(h)
Diversity of design. The designs for proposed new buildings
should avoid overly repetitive use of identical architectural features
such as facade openings, cornice lines, etc., overly similar treatment
of building elevations or excessive identical replication of the architectural
style or treatment existing in surrounding buildings.
(6)
The reasonable screening at all seasons of the year of all parking
and service areas from the view of adjacent properties and streets.
Adequacy, type and arrangement of trees, shrubs and other landscaping
constituting a visual and/or a noise-deterring buffer between adjacent
uses and adjoining lands.
(7)
Adequacy of structures, roadways, gutters and landscaping in areas
with moderate- to high-susceptibility to flooding and/or erosion.
(8)
Historic quality. The building's value within the historic district
or landmark fabric of the Village (i.e., built before 1931), or listed
on, or determined eligible for, the state and/or National Register
of Historic Places, or designated as a historic site or property by
Montgomery County.
(9)
Protection of adjacent properties against noise, glare, unsightliness
or other objectionable features.
(10)
The preservation of scenic views and vistas, consistent with
reasonable use of property.
(11)
Review of location of all signs (this does not override need
for a sign permit).
(12)
The adequacy of usable open space for playgrounds, parklands,
and informal recreation.
(13)
Adequacy of water supply and sewage disposal facilities. Adequacy
of fire lanes and other emergency zones and the provision of fire
hydrants.
(14)
Impact of proposed use on adjacent land uses.
(15)
Historic resources.
(16)
Fire protection.
(17)
Environmental issues.
(18)
Conformance of the proposed site plan with such portions of
the Comprehensive Plan of the Village of Canajoharie as may be in
existence from time to time.
(19)
Other elements reasonably related to the health, safety and
general welfare of the Village of Canajoharie.
A.
After receiving preliminary site plan approval from the Village Board
of Trustees and approval for all necessary permits and curb cuts from
state and county officials, the applicant may prepare the final detailed
site plan and submit it to the Village Board of Trustees for final
approval, except that if more than six months have elapsed since the
time of the Village Board of Trustees' preliminary approval and if
the Board finds that conditions have changed significantly in the
interim, the Board may require a resubmission of the preliminary site
plan for further review and possible revision prior to accepting the
proposed final site plan for review.
B.
The final detailed site plan shall conform substantially to the approved
preliminary site plan. It should incorporate the Board recommendations
provided during the preliminary review. All such compliances shall
be clearly indicated by the applicant on the appropriate submission.
In addition, the final submission shall contain a record of application
for and approval status of all necessary state and county permits.
C.
Within 62 days of receipt of the complete application for major site
plan approval by the Planning Board at a meeting, there shall be either
a public hearing or the Village Board of Trustees shall render a decision
at a regularly scheduled meeting. If the Planning Board or Village
Board of Trustees calls a public hearing, the decision by the Village
Board must be rendered within 62 days of the public hearing. The time
in which the Village Board of Trustees must render its decision may
be extended by mutual consent of the applicant and such Board. If
the Village Board of Trustees makes no decision during this time,
the applicant may proceed as if final approval has been granted.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
D.
Upon approving a major site plan application, the Village Board shall
endorse its approval on the final site plan and forward it to the
Code Enforcement Officer and shall separately notify the Village Planning
Board in writing of the approval. Following this approval, the Code
Enforcement Officer shall issue a building permit, if required, to
the applicant if the project conforms to all other applicable requirements.
E.
Upon disapproving a major site plan application, the Village Board
shall so inform the applicant, the Planning Board and Code Enforcement
Officer, in writing, of its decision and its reasons for disapproval.
A copy of the appropriate minutes may suffice for this notice requirement.
F.
In approving major site plans, the Village Board shall assure that
all site development details, including related signage, shall be
of such design, appearance and relation to one another that they will
enhance the appearance of the environs of the Village of Canajoharie.
In furtherance of these purposes, the Planning Board shall assure
good building design that is complimentary to the existing character
of the surrounding neighborhood.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
The authorized board shall comply with the provisions of the
State Environmental Quality Review Act under Article 8 of the Environmental
Conservation Law and its implementing regulations.
