A.
Zoning Enforcement Officer.
(1)
Designation. The provisions of this chapter shall be administered
and enforced by the Zoning Enforcement Officer of the Village of Perry
appointed by the Board of Trustees.
(2)
Duties.
(a)
The Zoning Enforcement Officer shall make periodic inspections
of any construction to ensure that the provisions of this chapter
are being compiled with.
(b)
The Zoning Enforcement Officer shall keep a record of all approvals
or rejections he may make pursuant to this chapter and such other
records as may be required.
(3)
Authority. The Zoning Enforcement Officer is hereby empowered to
inspect any building, other structure or tract of land and to order,
in writing, the remedying of any condition found to exist therein
or thereat in violation of any provision of this chapter. After any
such order has been served, no work shall proceed on any building,
other structure or tract of land covered by such order except to comply
with such order. The Zoning Enforcement Officer may cause the appearance
in Justice Court of an alleged violator by filing a complaint with
the appropriate court or police agency.
B.
Zoning compliance. No development or improvement permitted by this
chapter, including accessory and temporary uses, may be established
or changed, no structure shall be erected, constructed, reconstructed,
altered, razed or removed and no building shall be used, occupied,
or altered with respect to its use after the effective date of this
chapter until a zoning permit has been secured from the Zoning Enforcement
Officer. Nothing herein shall relieve any applicant of the additional
responsibility of seeking any permit required by any applicable statute,
ordinance, or regulation in compliance with all of the terms of this
chapter. Such applications shall be made in triplicate on forms designated
by the Village.
C.
Building permit. No building or structure shall be erected, extended
or structurally altered until a building permit therefor has been
issued by the County Building Department. All applications for such
permits shall be in accordance with the State Uniform Fire Prevention
and Building Code and/or any local codes and with all pertinent county
health laws and regulations.
D.
Certificate of occupancy. No land shall be occupied or used and no
building hereafter erected, altered or extended shall be used or changed
in use until a certificate of occupancy shall have been issued by
the Zoning Enforcement Officer, stating that the building or proposed
use thereof complies with the provisions of this chapter.
A.
Creation, organization and powers.
(1)
A Zoning Board of Appeals (ZBA) is hereby created. Said Board shall
consist of five members as approved by resolution of the Village Board.
Members of the ZBA shall serve staggered terms of five years with
one term expiring each year. Members may be reappointed for an unlimited
number of terms. Vacancies are filled for unexpired terms only.
(2)
The ZBA shall prepare its own operating bylaws which shall be accepted
by resolution of the Village Board. It shall elect its own Chairperson
from its members and appoint a Secretary. A Chairperson for the meeting
shall be selected for any meeting when the Chairperson is not in attendance.
ZBA members may be removed from office for failure to attend four
consecutive meetings or four meetings in a calendar year; members
may also be removed for any other good cause which the Village Board
finds as it relates to performance of duties.
(3)
The office of the Zoning Enforcement Officer shall be designated
as an extension of the office of the Municipal Clerk for the purpose
of preparation, filing, and preservation of the orders and determinations
of the ZBA, which shall be considered matters of public record.
B.
Permitted action by Zoning Board of Appeals.
(1)
Interpretations, requirements, decisions and determinations. The
Zoning Board of Appeals may reverse or affirm, wholly or partly, or
may modify the order, requirement, decision, interpretation or determination
appealed from and shall make such order, requirement, decision, interpretation
or determination as in its opinion ought to have been made in the
matter by the administrative official charged with the enforcement
of this chapter and to that end shall have all the powers of the administrative
official from whose order, requirement, or decision the appeal is
taken.
(2)
Use variances.
(a)
The Zoning Board of Appeals, on appeal from the decision or
determination of the administrative official charged with the enforcement
of this chapter, shall have the power to grant use variances authorizing
a use of the land which otherwise would not be allowed or would be
prohibited by the terms of this chapter.
(b)
No such use variance shall be granted by the Zoning Board of
Appeals without a showing by the applicant that applicable zoning
regulations and restrictions have caused unnecessary hardship. In
order to prove such unnecessary hardship the applicant shall demonstrate
to the Zoning Board of Appeals that:
[1]
Under applicable zoning regulations the applicant is deprived
of all economic use or benefit from the property in question, which
deprivation must be established by competent financial evidence;
[2]
The alleged hardship relating to the property in question is
unique and does not apply to a substantial portion of the district
or neighborhood;
[3]
The requested use variance, if granted, will not alter the essential
character of the neighborhood; and
[4]
The alleged hardship has not been self-created.
(c)
The Zoning Board of Appeals, in the granting of use variances,
shall grant the minimum variance that it shall deem necessary and
adequate to address the unnecessary hardship proven by the applicant
and at the same time preserve and protect the character of the neighborhood
and the health, safety and welfare of the community.
(3)
Area variances.
(a)
The Zoning Board of Appeals shall have the power, upon an appeal
from a decision or determination of an administrative official charged
with the enforcement of this chapter, to grant area variances from
the area or dimensional requirements of this chapter.
(b)
In making its determination, the Zoning Board of Appeals shall
take into consideration the benefit to the applicant if the variance
is granted, as weighed against the detriment to the health, safety
and welfare of the neighborhood or community by such grant. In making
such determination the Board shall also consider whether:
[1]
An undesirable change will be produced in the character of the
neighborhood or a detriment to nearby properties will be created by
the granting of the area variance;
[2]
The benefit sought by the applicant can be achieved by some
method, feasible for the applicant to pursue, other than an area variance;
[3]
The requested area variance is substantial;
[4]
The proposed variance will have an adverse effect or impact
on the physical or environmental conditions in the neighborhood or
district; and
[5]
The alleged difficulty was self-created, which consideration
shall be relevant to the decision of the Zoning Board of Appeals but
shall not necessarily preclude the granting of the area variance.
(c)
The Zoning Board of Appeals, in the granting of area variances,
shall grant the minimum variance that it shall deem necessary and
adequate and at the same time preserve and protect the character of
the neighborhood and the health, safety and welfare of the community.
(4)
Imposition of conditions. The Zoning Board of Appeals shall, in the
granting of both use variances and area variances, have the authority
to impose such reasonable conditions and restrictions as are directly
related to and incidental to the proposed use of the property or the
period of time such variance shall be in effect. Such conditions shall
be consistent with the spirit and intent of this chapter and shall
be imposed for the purpose of minimizing any adverse impact such variance
may have on the neighborhood community.
C.
Procedures.
(1)
Meetings, minutes and records. Meetings of such Zoning Board of Appeals
shall be open to the public to the extent provided in Article 7 of
the Public Officers Law. Such Zoning Board of Appeals shall keep minutes
of its proceedings, showing the vote of each member upon every question,
or if absent or failing to vote, indicating such fact, and shall also
keep records of its examinations and other official actions.
(2)
Filing requirements. Every rule and regulation, every amendment or
repeal thereof, and every order, requirement, decision or determination
of the Zoning Board of Appeals shall be filed in the office of the
Municipal Clerk within five business days and shall be a public record.
(3)
Assistance to Zoning Board of Appeals. Such Board shall have the
authority to call upon any department, agency or employee of the municipality
for such assistance as shall be deemed necessary and shall be authorized
by the Village Board. Such department, agency or employee shall be
reimbursed for any expenses incurred as a result of such assistance.
(4)
Hearing appeals. The jurisdiction of the Zoning Board of Appeals
shall be appellate only and shall be limited to hearing and deciding
appeals from and reviewing any order, requirement, decision, interpretation,
or determination made by an administrative official charged with the
enforcement of this chapter. The concurring vote of a majority of
the members of the Zoning Board of Appeals shall be necessary to reverse
any order, requirement, decision or determination of any such administrative
official or to grant a use variance or area variance. Such appeal
may be taken by any person aggrieved or by an officer, department,
board or bureau of the municipality.
(5)
Time of appeal. Such appeal shall be taken within 60 days after the
filing of any order, requirement, decision, interpretation or determination
of the administrative officer charged with the enforcement of this
chapter by filing with such administrative official and with the Zoning
Board of Appeals a notice of appeal, specifying the grounds thereof
and the relief sought. The administrative official from whom the appeal
is taken shall forthwith transmit to the Zoning Board of Appeals all
the papers constituting the record upon which the action appealed
from was taken. The cost of sending or publishing any notices relating
to such appeal shall be borne by the appealing party and shall be
paid to the Board prior to the hearing of such appeal.
(6)
Stay upon appeal. An appeal shall stay all proceedings in furtherance
of the action appealed from, unless the administrative official charged
with the enforcement of this chapter, from whom the appeal is taken,
certifies to the Zoning Board of Appeals, after the notice of appeal
shall have been filed with the administrative official, that by reason
of facts stated in the certificate a stay would, in his or her opinion,
cause imminent peril to life or property, in which case proceedings
shall not be stayed otherwise than by a restraining order which may
be granted by the Zoning Board of Appeals or by a court of record
on application, on notice to the administrative official from whom
the appeal is taken and on due cause shown.
(7)
Hearing on appeal. The Zoning Board of Appeals shall fix a reasonable
time for the hearing of the appeal or other matter referred to it
and give public notice thereof by the publication in a paper of general
circulation in the municipality of a notice of such hearing at least
five days prior to the date thereof.
(8)
Time of decision. The Zoning Board of Appeals shall decide upon the
appeal within 62 days after the conduct of said hearing. The time
within which the Zoning Board of Appeals must render its decision
may be extended by mutual consent of the applicant and the Board.
(9)
Filing of decision and notice. The decision of the Zoning Board of
Appeals on the appeal shall be filed in the office of the Municipal
Clerk within five business days after the day such decision is rendered
and a copy thereof mailed to the applicant.
(10)
Notice to park commission or planning agency. At least five
days before such hearing, the Zoning Board of Appeals shall mail notices
thereof to the parties; to the regional state park commission having
jurisdiction over any state park or parkway within 500 feet of the
property affected by such appeal; and to the county, metropolitan
or regional planning agency, as required by § 239-m of the
General Municipal Law, which notice shall be accompanied by a full
statement of the matter under consideration, as defined in Subdivision
1 of § 239-m of the General Municipal Law.
(11)
Compliance with State Environmental Quality Review Act. The
Zoning Board of Appeals shall comply with the provisions of the State
Environmental Quality Review Act under Article 8 of the Environmental
Conservation Law and its implementing regulations as codified in 6
NYCRR 617.
In light of the importance that planning be undertaken with
a local and regional perspective, the following shall apply:
A.
The Village Board shall have the option to designate a planning board
or participate in a joint regional planning board by resolution approved
by a majority of the Board.
B.
The Village Board shall appoint its representatives to a municipal
planning board pursuant to New York State statute or appoint representatives
to a joint regional planning board pursuant to its adopted and approved
bylaws.
C.
The Village Board shall approve by resolution the operating procedures,
bylaws, membership, and duties if electing to participate in a joint
regional planning board.
D.
The designated planning board shall have all the responsibilities
assigned to a planning board or commission by local laws, resolutions
of the Village Board, and by New York State statutes, not inconsistent
with this chapter.
A.
Applicability. This section shall apply to the appointments, terms,
functions and powers of alternate members appointed to serve on the
Planning Board and Zoning Board of Appeals in the Village of Perry.
B.
Findings; alternate members authorized. It is sometimes difficult
to maintain a quorum on the Planning Board and the Zoning Board of
Appeals because members are ill or on extended vacation or find they
have a conflict of interest on a specific matter before such Board.
In such instances, official business cannot be conducted which may
delay or impede adherence to required time lines. The use of alternate
members in such instances is hereby authorized pursuant to the provisions
of this section.
C.
ALTERNATE MEMBER
MEMBER
PLANNING BOARD
ZONING BOARD OF APPEALS
Definitions. As used in this section, the following terms shall have
the meanings indicated:
An individual appointed by the Village Board when a regular
member is unable to participate on an application or matter before
the respective Board, as provided herein.
An individual appointed by the Village Board to serve on
the Village Planning Board or Zoning Board of Appeals pursuant to
the provisions of the local law or ordinance which first established
such Board.
The Planning Board of the Village of Perry as established
by the Village Board pursuant to the provision of § 7-718
of Village Law.
The Zoning Board of Appeals of the Village of Perry as established
by the Village Board pursuant to the provisions of § 7-712
of Village Law.
D.
Appointment and designation of alternate members.
(1)
The Village Board of the Village of Perry hereby enacts this section
to provide a process for appointing two alternate members for the
Planning Board and two alternate members for the Zoning Board of Appeals.
These individuals would serve when members are absent or unable to
participate on the application or matter before the respective Board.
(2)
Two alternate members of the Planning Board and two alternate members
of the Zoning Board of Appeals shall be appointed by the Village Board
or other duly authorized appointing authority for a term of one year,
with the term to run from May 1 to April 30.
(3)
The Chairperson of the Planning Board or Zoning Board of Appeals
may designate an alternate to substitute for a member when such member
is unable to participate on an application or matter before the Board.
When so designated, the alternate member shall possess, all the powers
and responsibilities of such member of the Board. Such designation
shall be entered into the minutes of the initial Planning Board meeting
or Zoning Board of Appeals meeting at which the substitution is made.
(4)
All provisions of state law relating to Planning Board or Zoning
Board of Appeals member eligibility, vacancy in office, removal, compatibility
of office and service on other boards, as well as any provisions of
a local law or local ordinance relating to training, continuing education,
compensation and attendance, shall also apply to alternate members.
E.
Supersession of Village Law. This section is hereby adopted pursuant
to the provisions of § 10 of the New York State Municipal
Home Rule Law and § 10 of the New York State Statute of
Local Governments. It is the intent of the Village Board pursuant
to § 10 of the New York State Municipal Home Rule Law to
supersede the provisions of:
A.
Conditions. The Planning Board may, upon application and a public
hearing thereon, issue a special use when:
(1)
It has been determined that such special use is in accordance with
the purpose and intent of this chapter and will not be hazardous,
harmful or offensive or otherwise adversely affect the environment
or the value of the neighborhood or the community.
(2)
It has been understood that conditions, such as landscaping, architectural
design, type of construction, construction commencement and completion
dates, sureties, lighting, fencing, planting screens, operational
control, hours of operation, improved traffic circulation, highway
access restrictions, increased yard, or parking requirements, may
be required by the Planning Board upon its finding that these are
necessary to fulfill the purpose and intent of this chapter.
B.
Required plan. A site plan for the proposed development, as required in § 490-62 of this article, shall be submitted as part of the application clearly showing that satisfactory provisions have been made concerning the following, where applicable:
(1)
Ingress and egress to property and proposed structures thereon with
particular reference to automotive and pedestrian safety, traffic
flow and control, and access in case of fire or catastrophe.
(2)
Off-street parking and loading areas, where required, with particular attention to Subsection B(1) above and to the impact on adjoining properties.
(4)
Utilities with reference to locations, availability, and compatibility.
(5)
Property drainage.
(6)
Screening and buffering with reference to type, dimensions, and character.
(7)
Signs, if any, and proposed exterior lighting with reference to glare,
traffic safety, economic effect and compatibility and harmony with
properties in the zoning district.
(8)
Required yards and other open spaces.
(9)
General compatibility with adjacent properties and other property
in the district.
C.
Procedure.
(1)
Application. Application for a special permit shall be made to the
Planning Board and shall be accompanied by a filing fee as set by
the Village Board.
(2)
Planning Board review. All applications for a special permit, including
the required site plan, shall be reviewed by the Planning Board, which
shall determine the applicant's compliance with the provisions of
this chapter.
(3)
Required referral. Prior to taking action on the final site plan,
the Planning Board shall refer the plan to the County Planning Board
for advisory review in accordance with § 239-m of the General
Municipal Law.
(4)
Issuance of permit. After a duly scheduled public hearing, the Planning
Board may authorize the issuance of a special permit, imposing any
additional conditions it deems appropriate. Notices of the public
hearing shall be made in person or by certified mail to adjacent property
owners.
(5)
Voiding of permit. The Planning Board may, after a duly scheduled
public hearing, void any special permit for noncompliance with the
conditions set forth in approving the permit. Such action must be
based on documentation of such noncompliance by the Zoning Enforcement
Officer.
D.
Expiration. A special permit shall be deemed to authorize only one
particular special use and shall expire if the special use shall cease
for more than six months for any reason.
E.
Existing violations. No permit shall be issued for special use for
a property where there is an existing violation of this chapter.
F.
Temporary special permit. Subject to all the above provisions, requirements
and procedures of this section, and with special regard for the comfort,
safety, welfare and property rights of the residents of the neighborhood,
the Planning Board may issue a temporary special permit for special
uses not listed elsewhere and not conforming to the provisions of
this chapter but which, due to the limited nature of their operations,
would have no significant adverse effect on the neighborhood.
(1)
Permit renewal.
(a)
The time limit for a temporary special permit shall be one year.
(b)
Request for renewal shall be submitted in writing to the Planning
Board, accompanied by a fee as set by the Village Board.
(c)
Notices of request for renewal shall be mailed to neighboring
property owners.
(d)
The request shall be reviewed and an inspection made of the
property by the Planning Board or its designated agent to verify continued
compliance with the necessary criteria and conditions established
with the initial approval. The Planning Board, upon a determination
of compliance, may renew the temporary special permit for one year.
(2)
Voiding of permit.
(a)
The Planning Board may void any temporary special permit for
noncompliance with conditions set forth in approving the permit.
(b)
Failure of the applicant to renew the permit shall result in
automatic termination of the special use. For renewal, the applicant
must pay the initial application fee and reapply for another permit.
A.
General provisions. The special uses for which conformance to additional
standards is required shall be deemed to be permitted uses in their
respective districts, subject to the satisfaction of the requirements
and standards set forth herein, in addition to all other requirements
of this chapter. All such uses are hereby declared to possess characteristics
of such unique and special form that each specific use shall be considered
as an individual case.
B.
Special permit uses. The following special uses shall be considered
as permanent, except as otherwise provided, and shall be subject to
the following regulations:
(1)
Adult uses.
(2)
Campgrounds.
(a)
CAMPERS
CAMPGROUND
CAMPSITE
RECREATIONAL VEHICLES
Definitions. As used in this Subsection B(2), the following terms shall have the meaning indicated:
Pull-behind vehicles.
For temporary use by campers, recreational vehicles, tents
or similar camping units.
The area (with length and width designated) within a campground
property designated for a single camping unit.
A vehicle or a unit that is mounted on or drawn by another
vehicle primarily designed for temporary living. "Recreational vehicle"
includes travel trailers, camping trailers, truck campers, and motor
homes. Residential use of recreational vehicles shall be limited to
campgrounds.
(b)
Regulations.
[1]
The number of campsites provided in campgrounds shall not exceed
one per 4,000 square feet of area contained in such campground. Each
shall be between 25 feet and 40 feet wide and include a minimum of
2,500 square feet.
[2]
Each campsite shall be marked or delineated to establish spaces
for vehicles, platforms, and parking.
[3]
No camping vehicle shall be parked closer than 30 feet to any
public road, nor 20 feet to a right-of-way, nor closer than 10 feet
to an interior lot line or camp road.
[4]
Each campsite shall have a sufficient space of well-compacted
stone or gravel for two passenger vehicles, for example: 18 feet by
18 feet or nine feet by 32 feet. Adequate drainage to conduct surface
water away from each campsite shall be provided. A common parking
lot may be developed as an alternative to parking at each campsite,
which area shall be deducted before the maximum number of campsites
is determined.
[5]
Each campsite shall be provided with underground water, sewer,
and electrical hookups as approved by local, county and state officials
having jurisdiction.
[6]
The use of tents in such campgrounds shall be permitted on no
more than 20% of the approved sites.
[7]
Only one camper shall be allowed to occupy a campsite at any
one time.
[8]
In the absence of trees on the campground, the owner shall plant
the same in sufficient number which in the opinion of the Planning
Board will provide a natural setting.
[9]
A fire lane right-of-way or driveway shall be maintained free
of obstruction, including no vehicle parking.
[10]
A camping vehicle served with a water hookup shall
be hooked directly to the municipal sewer or be removed regularly
for dumping at a dumping facility approved by the Health Department.
[11]
Each service provided, including water, sewer,
and electric, shall be installed underground to the interior lot line
of the individual campsite.
[12]
No enclosed additions to campers shall be allowed.
[13]
Decks, platforms, and open porches abutting but
not supported by campers may be placed on campsites a minimum of five
feet from other sites and the interior lot line and 30 feet from roads
and 10 feet from rights-of-way and camp roads.
[14]
Existing porches, decks, and other structures
must be removed within 30 days after an inspection determines them
to be unsafe for structural, visibility, or fire safety reasons or
in violation of this chapter.
[15]
Campers and structures not occupied for a period
of time exceeding 12 months must be removed from the property.
[16]
A covered trash disposal dumpster or alternate
storage and weekly removal of trash shall be provided for. No trash
burning is allowed.
[17]
The owner shall provide trees and landscaping
which in the opinion of the Planning Board are sufficient to maintain
a natural setting.
[18]
In addition to the above requirements, all provisions
of the New York State Health Department Sanitary Code and any other
municipal local laws shall be complied with.
(c)
(d)
Procedures.
[1]
Permits and inspection for compliance are required for all new
installations and all changes to existing campgrounds as listed below:
[a]
All campers intended to be located on the property
for more than three weeks.
[b]
All decks and porches, whether temporary, moveable,
or permanent.
[c]
Any other new structures.
[d]
All alterations to structures, including campers.
[e]
All system (including electric, water, sewer and
roads) installations and alterations.
[2]
Inspections for compliance with fire and building codes and
land use regulations are required at one-year intervals and more frequently
if needed, as determined by complaint or by the inspector.
[3]
The owner of the campground and renters of the campsites shall
each be responsible for obtaining permits and inspections.
[4]
Violations must be remedied before occupancy each season and
within the time set by the inspector. Penalties are to be as enumerated
in this chapter.
(3)
Car washes.
(4)
Cemeteries. Buildings, grounds and drives shall be constantly maintained
to ensure a park-like atmosphere. All applicable state laws shall
be observed.
(5)
Day-care centers. Day-care centers must have an outdoor play area
of at least 100 square feet per child, free of any hazards, and appropriately
fenced in. Interior floor space for day-care living area shall be
a minimum of 35 square feet per child. All parking shall be off-street.
(6)
Dwellings. Due to general incompatibility, residences in M Districts
shall be limited to such uses as living quarters for a watchman or
caretaker.
(7)
Game rooms. Game rooms shall be restricted to C Districts and shall
not be situated within 500 feet of any public school. In game rooms
having 10 or more game machines, an adult attendant shall be on duty
for supervision. Permit shall not exceed two years.
(8)
Gas stations.
(9)
Group homes. Group homes shall not endanger public health and safety
of the neighborhood, shall be structured as a single housekeeping
unit with a maximum of 15 residents, shall be properly licensed and
shall maintain a minimum spacing of 1,500 feet.
(11)
Gun clubs and shooting ranges. Acres used for intensive outdoor
activities, especially involving firearms, shall be delineated on
the site plan. Adequate measures for safety and noise control shall
be specified. All applicable state and local laws shall be observed.
Permit shall not exceed 12 years.
(13)
Ice- and roller-skating rinks. Provisions shall be made for
noise control. Hours of operation shall be specified.
(14)
Kennels. Kennels shall not be allowed in residential areas as defined in Article II. Adequate landscaping and fencing shall be provided to create a visual, sound and odor buffer to adjacent properties. Permit shall not exceed 10 years.
(15)
Landfills. Landfills shall observe all New York State Department
of Environmental Conservation regulations and this chapter.
(16)
Mobile homes.
(a)
Permanent. Mobile homes shall be allowed on individual lots
in areas containing a minimum of three mobile homes within a radius
of 750 feet of the proposed mobile home pad. Lot and yard requirements
shall be the same as required for single-family dwellings.
(b)
Temporary. On a farm, one mobile home utilized as living quarters
by a full-time employee of the farm owner or operator shall be allowed
as an accessory use. Such permit shall become invalid upon any change
in residency.
(17)
Mobile home parks.
(18)
Nursing homes. Site plan shall address traffic circulation and
parking. All applicable state laws shall be observed.
(19)
Private schools. Site plan shall address traffic circulation
and parking. All applicable state laws shall be observed.
(20)
Racetracks. Racetracks shall not be allowed in any residential area as defined in Article II. Operations shall be a minimum of 100 feet from any property line. Lighting shall be directed away from adjacent properties. Adequate measures for parking, safety and noise control shall be specified.
(21)
Recreational and quasipublic buildings. Site plan shall address
traffic circulation and parking.
(22)
Restaurant and docking facilities. All state and federal regulations
shall be observed. Adequate buffers shall be required to protect neighboring
properties. Provisions shall be made for adequate traffic circulation
and parking.
(23)
Small animal hospitals. Small animal hospitals shall not be allowed in residential areas as defined in Article II. Adequate landscaping and fencing shall be provided to create a visual, sound and odor buffer to adjacent properties. Permit shall not exceed 10 years.
(25)
Funeral homes and mortuaries. Funeral homes and mortuaries shall
be permitted only in cases where any identified adverse effects are
sufficiently mitigated in the judgment of the Planning Board. A complete
site plan review must be completed by the Planning Board. In addition
to all parking, signage, and site plan requirements of this chapter,
all other applicable laws pertaining to these uses shall be observed.
Fees for applications for rezoning and for variances shall be
set by resolution by the Village Board.
A.
Intent. The intent of site plan review is to evaluate specified land
uses in terms of their suitability to natural site conditions, their
compatibility with surrounding land uses, and their conformance with
overall plans for the community, thus minimizing possible adverse
effects on the health, safety and welfare of local residents.
B.
Applicability. All applications for building permits shall be accompanied
by an approved site plan except for the following: a single- or a
two-family dwelling on an individual lot, including its permitted
accessory uses and additions, general farming uses, and other additions
not exceeding 25% of the square footage of the existing structure.
C.
Reviewing agency. The Planning Board, in accordance with § 7-725-a
of the Village Law, is hereby authorized to review and approve, approve
with modifications or disapprove site plans prepared in accordance
with such standards as are duly adopted by the Planning Board.
D.
Review procedures.
(1)
Sketch plan.
(a)
A sketch plan conference shall be held between the Planning
Board and the applicant prior to the preparation and submission of
a formal site plan. The intent of such a conference is to enable the
applicant to inform the Planning Board of his proposal prior to the
preparation of a detailed site plan and to review the basic site design
concept, advise the applicant as to potential problems and concerns
and generally to determine the information to be required on the site
plan. The project's status under the State Environmental Quality Review
Act (SEQR) will be determined at this time.
(b)
In order to accomplish these objectives, the applicant shall
provide sketches of the proposed development together with an area
map showing the location of the site in the general area. Although
not mandatory, this step is designed to save the applicant from possible
future delays.
(2)
Site plan. An application for site plan approval shall be made in
writing to the Chairperson of the Planning Board and shall be accompanied
by the following drawings, documents and information to be prepared
by a qualified professional engineer, architect, planner or surveyor,
as appropriate, and as determined necessary by the Planning Board:
(a)
Title of drawing, name of development, name of applicant, name
and seal of person preparing drawing, North point, scale and date,
to be included on all drawings.
(b)
Boundary survey.
(c)
Topographical survey based on survey datum to extend a reasonable
distance beyond the site.
(d)
Location and dimensions of existing and proposed easements.
(e)
Existing natural features, such as watercourses, water bodies,
wetlands, wooded areas, individual large trees and flood hazard areas.
Features to be retained in the development should be indicated.
(f)
Soil characteristics, regarding capabilities and/or limitations
for development.
(g)
Location and design of all existing on-site or nearby improvements,
including drains, culverts, waterlines, sewers, gas and electric lines
and poles, bridges, retaining walls and fences.
(h)
Location and design of proposed utilities, including water,
sanitary and storm sewer systems.
(i)
Location and design of all streets, parking and service areas,
access drives, and bicycle and pedestrian ways within and immediately
adjoining the site.
(j)
Location and height of proposed buildings and structures.
(k)
Location and proposed development of all open space, including
parks, playgrounds, screen planting and other landscaping.
(l)
Location, size and design of all proposed signs and lighting
facilities.
(m)
Location of outdoor storage, if any.
(n)
Location and design of all energy distribution facilities, including
electrical, gas and solar energy.
(o)
Grading and drainage plan, showing existing and proposed contours
at intervals not more than 2.5 feet.
(p)
General landscaping plan and planting schedule.
(q)
Preliminary architectural drawings.
(r)
Detailed sizing, typical cross sections, profiles and final
material specifications of all required improvements, such as paving,
water, sanitary, and stormwater systems.
(s)
Conformance with any approved federal, state, county, or regional
plans.
(t)
Record of application for and status of all necessary permits
from other governmental bodies.
(u)
Record of all required performance bonds, any proposed easements,
restrictions, and covenants and provisions for homeowners' associations
and common ownerships.
(v)
An estimated project construction schedule.
(w)
Other elements integral to the proposed development as considered
necessary by the Planning Board.
(3)
Referrals. The Planning Board shall refer the site plan, as deemed
necessary, to a Municipal Engineer and to other officials and agencies
for their review and recommendations.
(4)
Public hearing. The Planning Board may conduct a public hearing on
the site plan if considered desirable by the majority of its members.
(5)
County referral. Prior to taking action on the site plan, the Planning
Board shall refer the plan to the County Planning Board for advisory
review and a report in accordance with §§ 239-m and
239-n of the General Municipal Law.
E.
Review standards. The Planning Board's review of the site plan shall
include, as appropriate, but is not limited to, the following considerations:
(1)
Zoning compliance and compatibility with the Comprehensive Plan.
(2)
Location, arrangement, size, design and general site compatibility
of buildings, lighting and signs and adequate arrangement of vehicular
traffic access and circulation, including intersections, road widths,
pavement surfaces, dividers and traffic controls.
(3)
Location, arrangement, appearance and sufficiency of off-street parking
and loading.
(4)
Adequacy and arrangement of pedestrian traffic access and circulation,
walkway structures, control of intersections with vehicular traffic
and overall pedestrian convenience.
(5)
Adequacy of stormwater and drainage facilities and adequacy of water
supply and sewage disposal facilities.
(6)
Adequacy, type and arrangement of trees, shrubs and other landscaping
constituting a visual and/or noise buffer between the applicant's
land and adjoining lands, including the maximum retention of existing
vegetation.
(7)
Adequacy of fire lanes and other emergency zones and the provision
of fire hydrants.
(8)
Special attention to the adequacy and impact of structures, roadways
and landscaping in areas with susceptibility to ponding, flooding
and/or erosion.
(9)
Overall impact on the neighborhood, including compatibility of design
considerations.
F.
Planning Board action. Within 62 days of receipt of the complete
application for site plan approval, or within 62 days after the close
of the public hearing if one is held, the Planning Board shall render
a decision of approval, conditional approval or disapproval. This
time period may be extended by mutual consent of the applicant and
the Planning Board.
(1)
Approval. Upon approval, the Planning Board shall endorse its approval
on a copy of the site plan and shall file it and a written statement
of approval with the Municipal Clerk within five business days. A
copy of the written statement of approval shall be mailed to the applicant.
(2)
Conditional approval. The Planning Board may conditionally approve
the site plan; upon adequate demonstration by the applicant that all
conditions have been met, the Planning Board shall endorse its approval
on a copy of the site plan and shall file it and a written statement
of approval with the Municipal Clerk within five business days. A
copy of the written statement of approval shall be mailed to the applicant.
(3)
Disapproval. Upon disapproval of the site plan the decision of the
Planning Board shall be filed with the Municipal Clerk within five
business days and a copy thereof mailed to the applicant.
G.
Fee. An application for site plan review shall be accompanied by
a fee in an amount as determined by the Village Board.
H.
Reimbursable costs. Costs incurred by-the Planning Board for consultation
fees or other extraordinary expense in connection with the review
of a proposed site plan shall be charged to the applicant.
I.
Improvements.
(1)
No certificate of occupancy shall be issued until all improvements
shown on the site plan are installed or a sufficient performance guarantee
has been posted for improvements not yet completed.
(2)
The Zoning Enforcement Officer shall be responsible for the overall
inspection of site improvements, including coordination with other
officials and agencies, as appropriate.
(3)
The applicant shall provide a map satisfactory to the Zoning Enforcement
Officer indicating locations of monuments marking all underground
utilities as actually installed. No performance bonds shall be released
or certificates of occupancy issued until such map is provided by
the developer.
A.
Authorization. The Village Board may, from time to time, on its own
motion or on petition or on the recommendation of the Planning Board,
after proper public notice and public hearing, amend, supplement or
repeal the regulations, provisions or boundaries of this chapter.
B.
Submissions. In the case of a proposed amendment, the Village Board
may require the petitioner to submit a development plan showing the
extent, location and character of proposed structures and uses. The
Village Board may require that such plan be modified to meet the objections
raised at any public hearing thereon and may qualify its approval
of any such amendment by attaching a special endorsement thereto.
No building permit or certificate of zoning compliance shall be issued
for any property with the area described by said amendment except
in accordance with the approved development plan and with all conditions
and limitations placed thereon by the Village Board. Unless application
for a building permit is made within six months from the Village Board's
approval and unless development of the area included in such development
plan is commenced within a period of one year after the Village Board's
approval, said approval shall be void and the zoning classification
shall be as it was when the petition for amendment was filed.
C.
Procedure.
(1)
Filing petition. A petition to amend, change or supplement the text
of this chapter, or any zoning district as designated on the Zoning
Map established herein, shall be filed with the office of the Zoning
Enforcement Officer on forms obtained from this office and shall be
transmitted by this office to the Village Board.
(2)
Referral to Planning Board. Each proposed amendment shall be referred
to the Planning Board for an advisory report prior to the public hearing
held by the Village Board.
(3)
Protests. In case of a protest against any change signed by the owners
of 20% or more of either the area of the land included in such proposed
change or of that immediately adjacent extending 100 feet therefrom
or of that directly opposite thereto extending 100 from the street
frontage of such opposite land, such amendment shall not become effective
except by the favorable vote of at least four members of the Village
Board.
(4)
Rehearing. The disposition of a petition for amendment by the Village
Board shall be final, and disapproval or denial of the proposed amendment
shall void the petition. No new petition for an amendment which has
been previously denied by the Village Board shall be considered by
it, except for a vote to table or to receive and file, and no public
hearing shall be held on such amendment within a period of one year
from the date of such previous denial, unless the Planning Board shall
submit a recommendation, with reason stated therefor, certifying that
there have been substantial changes in the situation which would merit
a rehearing by the Village Board.
Any person aggrieved by any decision of the Zoning Enforcement
Officer relative to the provisions of this chapter or the Planning
Board may appeal such decision to the Zoning Board of Appeals, as
provided in this chapter.
Any person who violates any provision of this chapter or any
regulation adopted hereunder is guilty of an offense punishable by
a fine not exceeding $350 for the first violation, a minimum of $350
and a maximum of $700 for a second violation within five years, and
a minimum of $700 and a maximum of $1,000 for a third or subsequent
violation within five years, or imprisonment for a period not to exceed
six months, or both. Each week's continued violation shall constitute
a separate violation.
The Zoning Enforcement Officer shall be empowered to enforce
this chapter and regulations set forth herein.
