Village of Chittenango, NY Article IV Supplemental Regulations

§ 148-25 Permitted modifications.

A. Height exceptions.

(1) In any district any principal building may be erected to a height in excess of that specified in Schedule II of this chapter[1] for the district, provided that such front, side and rear yards are increased one foot for each one foot of such additional height. This provision shall not apply to properties within the Commercial Design Overlay Districts without approval after review and compliance with the site design standards, on a case-by-case basis.

[Amended 10-26-2010 by L.L. No. 7-2010]

[1] Editor's Note: Schedule II is included at the end of this chapter.

(2) Nothing herein contained shall be construed so as to limit the height of any belfry, bulkhead, chimney, church spire, clock tower, cupola, dome, skylight, ventilator, water tank and other necessary mechanical appurtenances usually carried above the roof level. Such features, however, shall be erected to accomplish the purpose they are required to serve and shall not occupy in the aggregate more than 25% of the roof area of the main building.

B. Undersized lots. Any parcel of land with an area or width less than that prescribed for a lot in the zone in which such lot is located, which parcel was under one ownership at the date of the adoption of this chapter and the owner thereof owns no adjoining land, may be used as a lot for any purpose permitted in the zone, provided that no structures shall be closer than 10 feet to any lot line and that all other regulations for that district are complied with.

[See § 148-25D(2).]

C. Front yard transition.

(1) Where the frontage along a street in a single block is zoned partly as residential and partly as business or industrial, the front yard depth in the business or industrial district in such block shall be equal to the required front yard depth of the residential district for a distance of 50 feet into the business or industrial district.

(2) In such cases in residential zones where the frontage on the same side of the street within 500 feet is 50% or more developed, then the required front yard for a new structure may be modified to the average for such existing development. Otherwise, the requirements of Schedule II shall apply.

D. Side and rear yard transition.

(1) Where a lot in a business or industrial district abuts a lot in a residential district, there shall be provided such abutting lines a yard equal in width or depth to that required in said residential district.

(2) In the case of lots which comply with the provisions for modification of size under § 148-25B, the combined total size yard requirements as specified in Schedule II shall be reduced by six inches for each foot by which a lot is less than the minimum lot width requirement specified in the schedule for the zone in which located. In any case, the side yard area shall not be reduced to less than 50% of the requirement of Schedule II.

E. Corner lot transition. On every corner lot in a residential district, there shall be provided on the side street a yard equal in depth to the required front yard depth on said side street. On such lot where two front yards are provided, the other yards may be considered side yards and no rear yard shall be required.

§ 148-26 Floodplain.

A. Purpose. The purpose of these regulations is to protect the inhabitants of the Village of Chittenango from hazards resulting from the periodic flooding of certain areas adjacent to Chittenango Creek and to prevent the encroachment of development and other constructions on such areas, thereby helping to preserve adequate flood flow capacity.

B. Floodplain areas are so designated on the Floodplain Maps and determined by data developed by the Army Corps of Engineers, the United States Geological Survey and/or the Flood Hazard Boundary Maps issued by the United States Department of Housing and Urban Development and the Village of Chittenango. This section does not imply that areas outside the designated floodplain areas will be free from flooding or flood damages.

C. Provisions regulating the use of and development on floodplain areas shall take precedence over the provisions of any other article or section of this Zoning Law or other regulation or law in the Village of Chittenango to the extent that floodplain provisions are inconsistent with such other provisions.

D. Special conditions.

(1) No structure, facility or landfill shall be erected or placed which would impede or change the direction of the flow of water in the flood area or which could collect or catch floating debris or be placed in such a way that the natural force of floodwater could carry dislodged material downstream to damage public and private property and improvements.

(2) Any structure, facility or landfill shall be constructed and placed so as to offer the minimum opportunity for scour or erosion of soil surface and shall be designed to have a minimum effect on the natural flow and height of floodwater.

(3) Structures and facilities shall be firmly anchored and interconnected to prevent disjointing and to prevent them from floating downstream where they could become a threat to life and property.

(4) Service facilities such as electrical and heating equipment shall be constructed at or above the flood protection elevation or shall be floodproofed.

(5) Floodproofing measures may be required by the Village Board for all buildings and structures other than those with a low flood damage potential.

§ 148-27 Wetlands.

A. Purpose. The purpose of these wetlands regulations is to preserve, protect and conserve designated wetland areas in the Village of Chittenango in order to protect downstream water resources from siltation and pollution, ensure the continuation of the natural flow pattern of watercourses, reduce the potential for flooding, retain the essential nesting and feeding grounds and predator escape cover for wildlife and protect the public health, safety and general welfare by ensuring that wetland resources will be maintained in their naturally functioning state.

B. Permitted uses. Within a designated wetland the following uses are permitted, subject to the provisions of Subsection D of this section:

(1) The grazing and watering of livestock.

(2) Growing agricultural products.

(3) Harvesting natural products of the wetland.

(4) Selectively cutting timber and draining the wetland for the purpose of growing agricultural products, except that any structure which is not directly related to the enhancement of agricultural productivity or which involves filling the wetland shall be considered a special use. (See Subsection C.)

(5) Activities related to the public health and the orders and regulations of the New York State Department of Health.

(6) Development in accordance with planned unit development provisions where wetlands are to be maintained as open space and where the Planning Board determines that such development will not despoil said wetland.

C. Special uses. Within a designated wetland, the following uses are permitted by special permit, subject to applicable provisions of § 148-37 of this chapter:

(1) Any form of draining, dredging or excavation of the wetland, except as may be provided for in Subsection B(4) above.

(2) The construction or reconstruction of any structures or roads that might otherwise be permitted in the zoning district in which the wetland is located.

(3) The driving of piles or placement of any obstructions for any purpose.

D. Procedure. Each landowner or user who intends to conduct a permitted use on a wetland as set forth in Subsection B above shall obtain a permit from the State Department of Environmental Conservation and shall notify the Zoning Enforcement Officer of his intention, stating the location and approximate acreage to be affected, the intended use for such land and the methods to be employed. The Zoning Enforcement Officer shall be satisfied that the intended use is permitted. Any question of compliance or interpretation shall be submitted to the Zoning Board of Appeals for determination in accordance with § 148-55 of this chapter.

§ 148-28 Site plan review.

A. Intent. The intent of this section is to provide for the review of site plans for certain land use activities in the Village of Chittenango for the purpose of preserving and enhancing the character of a neighborhood, achieving compatibility with adjacent development, mitigating potentially negative impacts on traffic, parking, drainage and similar environmental concerns, improving the overall visual and aesthetic quality of the Village and increasing the capability of the Zoning Law to adapt to a variety of unique circumstances.

B. Any change in land use or activity, and any building construction, within 75 feet of any residential zone boundary, within a general business, special business or light industrial zone, shall require site plan review and approval by the Planning Board, pursuant to the considerations of this section. In addition, any land use or activity requiring site plan review and approval by the Planning Board, as specified in Schedule I[1] of this chapter, shall comply with the provisions of this section and § 148-31.1, Commercial Design Overlay Districts. No building or use permit shall be issued by the Zoning Enforcement Officer until approval of such site plan, with or without conditions, has been given by the Planning Board.

[Amended 4-10-2007 by L.L. No. 4-2007; 10-26-2010 by L.L. No. 7-2010]

[1] Editor's Note: Schedule I is included at the end of this chapter.

C. Presubmission conference. Prior to the preparation of a site plan for presentation to the Planning Board in its final form, the applicant may prepare a sketch plan and meet informally with the Planning Board to consider the specifics of the proposed use or development, the character of the neighborhood, features of the site and environmental concerns. Such sketch plan should be submitted with sufficient information to enable a clear understanding of the proposal.

D. Objectives of site plan review. In reviewing an application for site plan approval, the Planning Board shall seek to achieve the following objectives.

(1) A harmonious relationship between such land use activity and uses located on adjacent lots and in adjacent districts.

(2) The maximum safety of vehicular access and egress from the site to existing and proposed streets and highways.

(3) The maximum effectiveness of on-site circulation and parking facilities, with particular attention to pedestrian and vehicular safety.

(4) The adequacy of landscaping and setbacks as a way of mitigating adverse environmental impacts and achieving compatibility with adjacent property.

(5) An adequate solution to the question of surface water drainage and the provision of water and sewer services.

(6) Compliance with any special requirements unique to a particular site or land use, as these may be specified by the Planning Board or listed in § 148-37 of this chapter.

(7) Compliance with the Village of Chittenango Site and Architectural Design Standards for Commercial Design Overlay District for projects requiring site plan approval within the Downtown or Gateway Design Overlay Districts.

[Added 10-26-2010 by L.L. No. 7-2010]

E. Plan requirements.

(1) A final site plan shall be submitted to the Planning Board at least 10 days prior to the meeting at which consideration of such plan is to be given. The plan shall contain the following information, as applicable:

(a) The location, the name and address of the owner and the name of the plan designer (if any) of the proposed development.

(b) An identification map showing the location of the site in the Village of Chittenango.

(c) A scale, North arrow and the date, the present zoning of the site and the setback requirements.

(d) The location of the site in relation to all abutting properties and streets and showing existing property lines, rights-of-way and easements.

(e) The existing and proposed buildings and land uses, including the approximate location of parking on and driveways to the site and to abutting properties.

(f) The location of any floodable area located in the one-hundred-year floodplain. (See § 148-26.)

(g) An indication of the existing and proposed topography and drainage systems for the site when this is a consideration due to hillside property or low land. A topographic survey and drainage plan may be required before action is taken by the Planning Board.

(h) Any engineering drawings or documentation which may be required for utility hookups and public improvements.

(i) Existing major vegetation, trees and shrubs, and an indication of the proposed landscaping treatment, including species and approximate locations.

(j) Drawings or sketches which illustrate the height, bulk and design characteristics of the proposed buildings and indicate the exterior color and primary materials to be used.

(k) A narrative description of how the proposed building, land use or site design will fit into, and be compatible with, the surrounding neighborhood.

(l) Sketches indicating the location, size and design of any sign or site lighting to be used in the development.

(m) Any other information that may be reasonably required by the Planning Board to explain the proposal.

(2) Any of the above plan requirements may be waived or modified by the Planning Board when conditions warrant.

F. Public hearing and decision. Before a decision is made to approve, approve with modification or disapprove any application for site plan approval, the Planning Board may hold a public hearing on such site plan within 60 days from the day an application for site plan approval is made. A decision by the Planning Board shall be taken within 60 days from the date of a public hearing or, if no hearing is held, within 60 days from the day a completed application, as specified in Subsection E, was filed. Notice of any public hearing by the Planning Board shall be given by publication in the official newspaper at least five days prior to the date thereof.

G. Review guidelines. To facilitate the review and evaluation of site plan and development proposals, the Planning Board may from time to time establish performance standards which will be used as guidelines in the review process. For development proposals within the design overlay districts, site plans shall be reviewed for compliance pursuant to § 148-31.1 of this chapter.

[Amended 10-26-2010 by L.L. No. 7-2010]

H. Environmental assessment. If, in the judgment of the Planning Board, approval of a site plan or land use over which it has jurisdiction for site plan approval could have a significant environmental impact (Type I or unlisted actions), no final approval shall be given until an environmental assessment and determination have been made in accordance with Part 617 of SEQR.

I. Before taking final action on certain matters reviewed pursuant to this section, the Planning Board shall refer such matter to the Madison County Planning Board in accordance with the provisions of §§ 239-l and 239-m of the General Municipal Law. (See § 148-55D.)

§ 148-29 Performance standards.

A. Purpose. The purpose of these performance standards is to regulate the potentially objectionable or dangerous aspects of land uses or activities in the Village of Chittenango by the application of specific standards wherever possible.

B. Liquid waste. Liquid waste and effluents shall be discharged into an approved existing sewage treatment system in accordance with the regulations of that system or shall be treated in a treatment plant operated by the permitted use which is in compliance with the State Health Department.

C. Storage of flammable liquid or gas. No storage of any flammable liquid or gas in quantities exceeding 280 gallons shall be allowed except with the prior approval of the Fire Inspector and in conformance with the recommendations of the National Board of Fire Underwriters. Storage tanks shall be appropriately maintained and drained when not in use.

D. Any vibration, glare, heat or noises resulting from the operation shall not be evident beyond the property line.

E. Precautions against fire hazards, radiation and explosion and the proper handling and storage of materials and the structural design and safeguards for the health of workers shall comply with the provisions of the state for local building construction codes.

F. The operation shall not result in the dissemination of noxious dust, smoke, chemicals or odors into the air.

G. Evidence of conformity. With respect to any application for a zoning permit or a certificate of occupancy for any use, the Zoning Enforcement Officer may require the applicant, at the applicant's expense, to provide such evidence as may be deemed necessary to determine whether or not the proposed use will conform to the performance standards set forth above.

§ 148-30 Mobile home park.

A. Authorization. A mobile home park will be permitted in a SB Special Business District only when the Planning Board has determined that the provisions of this § 148-30 have been complied with and a site plan has been approved.

B. Renewable special permit.

(1) When authorized by the Planning Board, the Zoning Enforcement Officer shall issue a renewable mobile home park permit, which permit shall be renewed every two years from the date of first issuance. Such renewal will be made after the Enforcement Officer has determined that no violations of this § 148-30 or of the conditions of the permit have been found. Any change of ownership shall require that the mobile home park permit be renewed.

(2) Application. Application for a permit for a mobile home park shall be submitted to the Enforcement Officer in triplicate and shall include:

(a) The name and address of the applicant and the name and address of the owner of the land where the park is to be located.

(b) A map showing the general location of the park and its relationship to the existing road system.

(c) A preliminary plan of the park showing how the environmental standards set forth in this section have been met.

(d) Construction standards for all park roadways.

(e) A statement of all contemplated rules, regulations, restrictions and fees applying in the park, including entrance requirements, management and tenant responsibilities, entrance or exit fees and security deposits.

C. Procedure.

(1) The Zoning Enforcement Officer shall transmit one copy of the application to the Planning Board for site plan review and shall retain one copy.

(2) The Planning Board shall conditionally approve or disapprove the proposed mobile home park in accordance with § 148-28 of this chapter.

(3) Upon conditional approval of the application by the Planning Board, the applicant shall proceed with final plans, incorporating any conditions attached to said conditional approval. Such final plans must also be approved by the Planning Board.

(4) Upon final site plan approval for all or a portion of the proposed park, the renewable permit shall be issued by the Enforcement Officer for the approved portion of the park.

(5) When construction is completed in accordance with the approved final plan, a certificate of occupancy shall be issued by the Enforcement Officer. (See § 148-49C.)

D. Environmental standards.

(1) Size. The minimum gross area of a mobile home park shall be three acres, and the minimum number of units provided for shall be 12.

(2) Density and lot size. The density of development shall not exceed 5.0 units per gross acre of the site to be developed. Generally, a mobile home lot shall have a minimum area of 7,000 square feet and a minimum width of 55 feet.

(3) Separation. Mobile home units may be positioned in a variety of ways within the park, provided that a minimum separation of 30 feet is maintained between units.

(4) Setback. No mobile home shall be located less than 25 feet from the pavement edge of a private street or from the right-of-way line of any public street. A minimum of 30 feet shall be maintained between all units and any property line which is not a street right-of-way line.

(5) Roads. All private roads within the mobile home park shall be paved or provided with a dust-free surface at least 20 feet wide. Any public roads within the park shall have a fifty-foot right-of-way and be improved to the construction standards set forth by the Village.

(6) Parking. Two off-street parking spaces shall be provided for each mobile home site. Such spaces may be located on the individual lot or grouped to serve two or more mobile home sites. A supplemental parking area for the group storage or temporary parking of travel trailers, campers, boats, snowmobiles and similar auxiliary vehicles shall be provided in each mobile home park in a location removed from the mobile home living units.

(7) Mobile home stand. Each mobile home site shall be provided with a stand of concrete or compacted gravel which will give a firm base and adequate support for the mobile home. Such stand shall have a dimension approximating the width and length of the home and any expansions or extensions thereto. Tie-downs shall conform to generally accepted standards of the New York State Fire Prevention and Building Code.

(8) Mobile home installation. At the time of installation, the mobile home unit shall be securely blocked, leveled, tied down and connected to the required utility systems and support services. The mobile home shall be completely skirted within 90 days of occupancy. Materials used for skirting shall provide a finished exterior appearance, and no exposed wallboard, building paper or similar unfinished material will be permitted.

(9) Walks. Each mobile home site shall be provided with a walkway from the stand or patio to the street or to a driveway or parking area connecting to the street.

(10) Landscaping. Exposed ground surfaces in all parts of a mobile home park, excluding roadways, shall be surfaced with crushed stone or other solid material or protected with grass or plant material to prevent erosion and reduce dust.

(11) Water and sewer services. Each mobile home site shall be provided with an approved hookup to a public water and sewage disposal system.

(12) Solid waste disposal. Provisions shall be made and approved for the storage, collection and disposal of solid waste in a manner that will cause no health hazards, rodent harborage, insect breeding areas, fire hazards or air pollution. Storage areas for solid waste containers shall be enclosed or otherwise screened from public view.

(13) Lighting. Mobile home parks shall be provided with lighting sufficient to illuminate streets, driveways and walkways.

(14) Fuel systems. Mobile home parks shall be provided with facilities for the safe storage of necessary fuels. Natural gas installations, if used, shall be planned and installed so that components and workmanship comply with the requirements of the American Gas Association, Inc. Fuel oil systems shall be designed, constructed, inspected and maintained in conformance with the provisions of the National Fire Protection Association, Standard 30. Liquefied petroleum gas systems shall be selected, installed and maintained in compliance with the requirements of The National Fire Protection Association, Standard 58.

(15) Fire protection. Fire hydrants shall be installed in accordance with local requirements.

(16) Mail service. The mailbox location shall provide safe and easy access for the pickup and delivery of mail. Mailboxes grouped for cluster delivery shall be located so that stopping for pickup and delivery will not occur on the public right-of-way.

(17) Modifications. In reviewing the site plan for a mobile home park, the Planning Board may approve changes in the environmental standards of this section if the Board is satisfied that the spirit and intent of this subsection are not being violated and that any proposed change is equivalent to or better than the standards set forth herein.

E. Inspection and enforcement.

(1) Inspection. It shall be the duty of the Zoning Enforcement Officer to make the inspections required for the renewal of the mobile home park permit every two years. Such inspection shall be carried out at reasonable times, after prior notice to the park operator and, in emergencies, whenever necessary to protect the public health, safety or welfare.

(2) Order. Upon determination by the Zoning Enforcement Officer that there has been a violation of any provisions of this subsection, he shall serve upon the holder of the permit for such mobile home park an initial order, in writing, directing that the conditions therein specified be corrected within a time period to be specified by the Enforcement Officer but in no case more than 90 days after the date of delivery of such order. The order shall also contain an outline of remedial action which, if taken, will effect compliance. A copy of such order shall be transmitted to the Village Board.

(3) Notice. If, after the expiration of such ninety-day or other relevant time period, such violations are not corrected, the Enforcement Officer, if so authorized by the Village Board, shall serve notice, in writing, upon such mobile home park operator requiring the holder of the park permit to appear before the Village Board, at a time to be specified in such notice, to show cause why the mobile home park permit should not be revoked. Such hearing before the Village Board shall occur not less than 72 hours nor more than 10 days after the date of service of said notice by the Enforcement Officer.

(4) Determination. Within 30 days after the hearing at which the testimony of the Enforcement Officer and the holder of the mobile home park permit shall be heard, the Village Board shall make a determination sustaining, modifying or withdrawing the order issued by the Enforcement Officer. Failure to abide by any Village Board determination to sustain or modify the initial order and to take corrective action accordingly shall be cause for the revocation of the permit affected by such order and determination and the closing of the mobile home park.

F. Existing mobile home parks. A mobile home park which exists in the Village of Chittenango at the time of enactment of this chapter shall be subject to the following requirements and procedures:

(1) The owner or operator of any existing mobile home park shall apply to the Zoning Enforcement Officer for a temporary permit for such mobile home park. Application shall be made within 90 days from the date of enactment of this chapter.

(2) Such temporary permit shall expire one year from the date of issuance. During such one-year period, the park owner or operator and the Village Board shall agree upon a plan and timetable for bringing the existing mobile home park into reasonable compliance with the environmental standards set forth in Subsection D above. If no such plan and timetable for compliance is agreed upon, the one-year temporary permit shall expire and the mobile home park shall be in violation of this chapter.

(3) If a plan and timetable for bringing the mobile home park into reasonable compliance with Subsection D has been agreed upon, the Village Board shall authorize the Enforcement Officer to extend the temporary permit for three years, during which time the park owner or operator shall implement such agreed upon plan. Such temporary permit may be extended by up to three additional years by the Village Board if the owner or operator demonstrates that substantial progress is being made to bring the mobile home park into compliance.

(4) If the agreed upon plan for bringing the existing mobile home park into compliance has not been implemented at the end of the temporary permit period approved by the Village Board, the permit shall expire and the mobile home park shall be in violation of this chapter.

(5) After an existing mobile home park has been brought into compliance in accordance with the agreed upon plan and timetable, such mobile home park shall thereafter continue to be governed by all the applicable provisions of this section, including biannual renewal of the mobile home park permit required by Subsection B herein.

(6) Any additions to an existing mobile home park shall comply with all applicable provisions of this section unless an exception thereto has been granted by the Planning Board. Reasons for such exceptions shall be included, in writing, in the record of the project.

(7) If there is a change of ownership of an existing mobile home park, a new permit shall be required.

§ 148-31 Historic districts.

Any duly identified and designated landmark or area of historic or cultural significance in the Village of Chittenango shall comply with applicable provisions of local legislation for historic resource protection.

§ 148-31.1 Commercial design overlay districts (DOD).

[Added 10-26-2010 by L.L. No. 7-2010]

A. Findings and purpose. The Village of Chittenango finds that the integrity of site and architectural design features within its commercial core areas is the lifeblood to long-term community and economic development. Therefore, and pursuant to the vision and strategies established in the Village of Chittenango Comprehensive Plan, the Village defined a unique set of site and architectural design standards intended to:

(1) Enhance the aesthetics of the commercial and retail core areas of the Village;

(2) Guide the design of future development and improvements to existing structures within the downtown and NYS Route 5 commercial corridors; and

(3) Improve the public realm to create a positive pedestrian experience, enhance the area's image, and generate long-term economic growth. It is the purpose of this section to establish a procedure to ensure that all development within the design overlay districts are reviewed for substantial compliance with the Village of Chittenango Site and Architectural Design Standards for Commercial Design Overlay Districts.

B. Boundaries. The boundaries of the Downtown and Gateway Design Overlay Districts are shown on the official Zoning Map for the Village of Chittenango and are on file in the office of the Village Clerk.

C. Applicability. The Downtown and Gateway Design Overlay Districts are designations in addition to the Special Business (SB) and General Business (GB) Zoning Districts. The base zoning districts provide requirements regarding permitted and conditionally permitted land uses, development standards, and regulations. The Downtown and Gateway Design Overlay Districts designations are requiring review for substantial compliance with the Village of Chittenango Site and Architectural Design Standards for Commercial Design Overlay Districts.

D. Projects subject to compliance within commercial design overlay districts. Principal projects subject to compliance with the Downtown and Gateway Design Overlay Districts are identified below.

(1) New construction: Any new construction or addition to an existing structure that alters the exterior appearance of a building or site. Internal tenant improvements are not subject to compliance with this chapter.

(2) Exterior modification of an existing structure: Any exterior modification of an existing structure, including but not limited to facade renovation, new and/or additional windows and doors, and roof- or ground-mounted mechanical equipment.

(3) Modification to site layout: Any modification to site layout or site improvements, including but not limited to parking, walls and fencing, circulation, landscaping, accessory structures, or trash enclosures.

(4) Signage: Installation of new signage or replacement of signs.

(5) Relocation of an existing structure.

(6) Erection of a fence or wall.

(7) Erection or alteration of a canopy or awning.

(8) Changes to exterior lighting and utilities.

(9) Parking facilities.

E. Application and site plan review. The applicant shall submit a complete site plan application for review and approval pursuant to § 148-28, Site plan review, accompanied by a fee and such materials as are required by the Village Code Enforcement Officer prior to issuance of a building permit.

F. Required findings. The following findings shall all be made in order to approve a site plan application or exterior building modification for the Downtown and Gateway Design Overlay Districts.

(1) Approval of the application is consistent with the purpose and intent of this section.

(2) Any approval complies with the policies of the Village of Chittenango Comprehensive Plan, with any applicable area-specific plans or studies, with the development regulations or performance standards established for the standard zoning district in which it is located, and with all other requirements of the Zoning Code.

(3) Approval is consistent with the New York State Fire Prevention and Building Code.

(4) The design of the project will provide a desirable environment for use by the general public.

G. Exempt from design overlay district review criteria. The following are exempt from the review criteria of the Village of Chittenango Site and Architectural Design Standards:

(1) A historic or conservation landmark, or structures within a historic or conservation district. Such are subject to the regulations for historic design review, as set out in § 148-31, Historic districts;

(2) Alterations of residential structures;

(3) Skylights;

(4) Development associated with utility corridors;

(5) Modifications to any structure to meet the Americans With Disabilities Act's requirements;

(6) Development associated with parks and open space areas that do not require a special permit;

(7) Exterior alterations to existing landscape and structures and construction of detached accessory structures that are proven not to be visible from any public road right-of-way;

(8) Churches or religious institutions;

(9) Public art;

(10) Eco-roofs installed on existing buildings where the roof is flat or surrounded by a parapet that is at least 12 inches higher than the highest part of the eco-roof surface, and where no other exterior improvements subject to design review are proposed. Plants must be species that do not characteristically exceed 12 inches in height at mature growth.

(11) Painting of structures.

[Added 10-23-2012 by L.L. No. 5-2012]

(12) Changes to structures not requiring building permits.

[Added 10-23-2012 by L.L. No. 5-2012]

(13) Landscaping for which the total costs will be less than $1,500.

[Added 10-23-2012 by L.L. No. 5-2012]

(14) Replacing names or panels on signs, with no change in size or essential appearance.

[Added 10-23-2012 by L.L. No. 5-2012]

(15) Political signs.

[Added 12-17-2013 by L.L. No. 8-2013]

(16) Free speech signs.

[Added 12-17-2013 by L.L. No. 8-2013]

H. Waiver to an approved design overlay district site plan review. The Village Planning Board may allow a change to an approved design overlay district's site plan review as a waiver upon determining the following:

(1) The proposed change is in substantial conformance with the previously approved design overlay district's site plan review;

(2) The proposed change is minor in scope;

(3) The proposed change is exempt from or not otherwise subject to the State Environmental Quality Review Act (SEQRA); and

(4) The proposed change is consistent with the conditions for approval from the design overlay district's site plan review and is substantially consistent with the site and architectural design standards.

I. Waiver for a project that does not have an approved design overlay district site plan review.

(1) The Village Planning Board may allow a change to an existing site or building in the design overlay districts that does not have an approved design overlay district's site plan review as a waiver upon determining the following:

(a) The proposed change is minor in scope;

(b) The proposed change is exempt from or not otherwise subject to the State Environmental Quality Review Act (SEQRA); and

(c) The proposed change is consistent with the conditions for approval through Design Overlay Districts site plan review.

(2) It is contrary to the intent of this section that a series of design overlay district's site plan review waivers be used to circumvent the need for full and complete site plan review.

J. Commercial design overlay district standards. The Village of Chittenango Site and Architectural Design Standards for Commercial Design Overlay District document,[1] adopted by the Village Board on March 23, 2010, by Resolution #14, and as may be amended thereafter, shall be used as an appendix to this section, to guide the site plan review process for projects within the Downtown and Gateway Design Overlay Districts.

[1] Editor's Note: Said document is on file in the Village offices.

K. Building permits. Building permits shall not be issued except following consideration of the terms and conditions of Section 1.1.7 of the Village of Chittenango Site and Architectural Design Standards for Commercial Design Overlay District document, § 148-28 of this chapter, and § 63-4, Building permits, of the Chittenango Code Book.

L. Ordinary maintenance and repair. Nothing in this section shall be construed to prevent the ordinary maintenance or repair of any existing exterior architectural feature on any property in the Downtown or Gateway Design Overlay District that does not involve a change in design, material, or exterior appearance and when such maintenance or repair is conducted in accordance with Section 1.1.9 of the Village of Chittenango Site and Architectural Design Standards for Commercial Design Overlay District document and § 148-43, Nonconforming uses, of this Code.

§ 148-31.2 Steep slope protection.

[Added 9-27-2016 by L.L. No. 2-2016]

A. Purpose. The Village Board of the Village of Chittenango finds and declares it to be the public policy of the Village to preserve, protect and conserve its steep slopes so as to maintain and protect the natural terrain and its vegetative features, preserve wetlands, water bodies' and watercourses, prevent flooding, protect important scenic views and vistas, preserve areas of wildlife habitat, provide safe building sites and protect adjoining properties by preventing surface erosion, creep and sudden slope failure. In support thereof, the Village Board finds as follows:

(1) The protection of steep slopes is a matter of concern to the entire Village. The establishment of regulatory and conservation practices to prevent disturbance of steep slopes is needed to protect the public health, safety and general welfare. To effectively protect steep slopes, careful review and regulation and the implementation of mitigation measures, as appropriate, are required. Where it is determined by the approving authority that total avoidance of steep slopes is not practical, disturbance should constitute the minimum disturbance necessary to ensure the property owner a reasonable use of his or her property.

(2) The improperly managed disturbance of steep slopes can aggravate erosion and sedimentation beyond rates experienced in natural geomorphological processes. Erosion and sedimentation often include the loss of topsoil and can result in the disturbance of habitats, degradation of the quality of surface water, alteration of drainage patterns, the gullying of land, obstruction of drainage structures and intensification of flooding both on and off the subject site.

(3) The inadequately controlled disturbance of steep slopes can lead to the failure of slopes and the mass movement of earth, danger to the natural environment, man-made structures and safety of persons, and the degradation of aesthetics.

(4) Steep slopes, including vegetation and rock outcroppings located thereon, are important environmental features. Overdevelopment of or improperly managed disturbance to these areas are detrimental to the Village.

(5) Regulation of disturbance to steep slopes is consistent with the legitimate interest of landowners to make reasonable use of their land. Regulation can prohibit the degradation of these important environmental features and allow the reasonable use of private property by encouraging flexible development design so as to avoid disturbance of steep slopes. Regulations can also permit environmentally sound disturbance of steep slopes, conducted in accordance with acceptable engineering practices, to permit reasonable use of private property.

(6) To mitigate the potential adverse impacts of development on steep slopes, the approving authority should seek the permanent preservation of such areas by such means as the use of imaginative and innovative site design

B. Regulated activities and review standards.

(1) Regulated activities.

(a) Other than an exempt activity as defined in § 148-31.2B(2) herein, it shall be unlawful to create a new steep slope or create a disturbance to an existing steep slope in the absence of a steep slope permit issued by the approving authority and a work permit issued by the Code Enforcement Officer.

(b) The harvesting, removal or destruction of more than five trees or the substantial alteration of the habitat, as determined by: the Code Enforcement Officer, of more than five trees within one calendar year from a steep slope without the approval of a steep slope permit by the approving authority and issuance of a work permit by the Code Enforcement Office.

(2) Exempt activities. The following activities on steep slopes do not' require the issuance of a permit:

(a) Normal ground maintenance, including mowing, trimming and pruning of vegetation and removal of dead or diseased vegetation, provided that such activity does not involve regrading and further provided that such activity conforms with all other applicable ordinances, laws and regulations.

(b) The disturbance to steep slopes under temporary emergency conditions, as determined by the Code Enforcement Officer, where such disturbance is necessary to protect persons or property from present and imminent danger.

(3) [1]Review standards. In reviewing a steep slope permit under this chapter, the approving authority shall apply the following standards:

(a) That the proposed activity and the manner in which it is to be accomplished are in accordance with the purpose and findings set forth in § 148-31.2A of this chapter.

(b) That the proposed activity and the manner in which it is to be accomplished can be completed without increasing the possibility of creep or sudden slope failure and will minimize additional erosion to the maximum extent practicable.

(c) That the proposed activity and the manner in which it is to be accomplished will not adversely affect the preservation and protection of existing wetlands, water bodies, watercourses, floodplains or any endangered species of flora or fauna.

(d) That the proposed activity and the manner in which it is to be accomplished are consistent with the principles and recommendation of the Village Comprehensive Plan adopted by the Village Board.

(e) The padding or terracing of building sites shall be evaluated on a site-by-site basis for appropriateness.

(f) The natural elevations and vegetative cover of ridgelines shall be protected from disturbance to the maximum extent possible.

(g) All regrading shall blend in with the natural contours and undulations of the land.

(h) The finished slope of all cuts or fills for any site work in areas where only vegetation is proposed to prevent erosion shall not exceed a slope of one vertical to two horizontal (fifty-percent grade or 26.5° of angle) without a retaining wall or similar structural stabilization.

(i) Any fill placed on the lot shall be properly stabilized and, if necessary, depending upon the nature of the soil type, soil characteristics and existing slope, supported by a retaining wall or other appropriate structure.

[1] Editor's Note: Former Subsection B(3), (4) and (5), concerning prohibited uses and activities on moderately, very steep and extremely steep slopes, respectively, were repealed 3-28-2017 by L.L. No. 2-2017, which local law also redesignated former Subsection B(6) as B(3).

C. Application requirements.

(1) The Planning Board shall be the approving authority for a steep slope permit.

(2) An application for a steep slope permit shall be made on forms furnished by the Code Enforcement Office and shall include the following:

(a) A written narrative explaining the nature of the proposal, including any future development proposals for the property and whether alternative locations exist for the proposed activity.

(b) A site plan showing the following information:

[1] The location of proposed structures, septic systems, wells and driveways.

[2] The location of the proposed area of disturbance and its relation to neighboring properties, together with structures, roads, and affected wetlands, if any, within 50 feet of the boundaries of the disturbed area.

[3] The existing topography in the proposed area of disturbance at a contour interval of not more than two feet. Contours shall be shown for a distance of 50 feet or greater beyond the limits of the proposed area of disturbance.

[4] The location and size of areas of steep slopes under existing and proposed conditions, in the area of proposed disturbance and within a distance of 50 feet thereof.

[Amended 3-28-2017 by L.L. No. 2-2017]

[5] The proposed final contours of the disturbed area at a maximum contour interval of two feet, and proposed surface materials or treatment.

[6] The details of any surface or subsurface drainage system proposed to be installed, both during the performance of the work and after its completion.

(c) A list of all applicable county, state or federal permits that are required for such work or improvement.

(d) Payment of an application fee as set forth by resolution of the Village Board of Trustees.

(3) The following information and materials shall be supplied if requested by the approving authority:

(a) Cross sections of all disturbed steep slope areas.

(b) Existing soils within 50 feet of the proposed disturbed area, taken from field investigations by a soils scientist and classified into hydrologic soil groups.

(c) An erosion and sedimentation control plan, if appropriate.

(d) Other information, including specific reports by qualified professionals on soils, geology and hydrology, as may be determined to be necessary by the approving authority.

D. Procedures for review and decisionmaking.

(1) During its review of the application, the approving authority will:

(a) Hold a public hearing.

(b) Review the application to determine that the requirements of this chapter have been satisfied.

(c) Approve, approve with conditions or deny the application, within 60 days after the receipt of a complete application or after the close of a public hearing on the application, whichever is later. Nothing in this section is to be construed as authorization for a default approval in the event that these periods are exceeded.

(d) Establish conditions of approval deemed necessary to satisfy the goals, objectives and review standards set forth herein, including but not limited to the following:

[1] Any disturbance of steep slopes shall be completed within one construction season, and disturbed areas shall not be left bare and exposed during the winter and spring thaw periods.

[2] The disturbance of existing vegetative ground cover shall not take place more than 15 days prior to commencing grading and construction.

[3] Temporary soil stabilization shall be applied to all areas of disturbance and all adjoining areas within 50 feet thereof within two days after establishing the final grade, and permanent stabilization and revegetation shall be undertaken within 15 days thereafter. Upon good cause shown and based upon consideration of the slopes, the Code Enforcement Officer may modify these specified time periods.

[4] Topsoil that is stripped from all areas of disturbance shall be stockpiled in a manner so as to minimize erosion and sedimentation and shall be replaced on the site at the time of final grading.

[5] Fill material shall be composed only of nonorganic material, including rock with a diameter that will allow for appropriate compaction and cover by topsoil.

(2) Any approval, conditional approval or denial of a steep slope permit will be in writing and shall be considered the steep slope permit.

E. Completion of work.

(1) A steep slope permit, issued by the approving authority, shall be valid for a period of three years, except that all permits shall expire upon completion of the work specified. The approving authority may grant one six-month extension to this three-year period. Upon receipt of a steep slope permit, the applicant may apply for a work permit from the Code Enforcement Officer to commence the actual work within the steep slope area. The work permit shall be valid for a period of one year or until expiration of the steep slope permit, whichever occurs first.

(2) Upon completion of the work, the applicant shall submit to the Code Enforcement ' Officer a certification by a landscape architect, architect or professional engineer that the completed work meets the requirements of the steep slope permit.

(3) The Code Enforcement Officer shall not issue a certificate of occupancy or use until the completion of the work in accordance with the steep slope permit has been verified.

(4) The approving authority, after notice to the permit holder and an opportunity to be heard, may revoke or suspend a steep slope permit if finds that the permit holder has not complied with any or all of the terms of such permit, has exceeded the authority granted in the steep slope permit or has failed to undertake the project in the manner set forth in such steep slope permit.