[Added 6-14-2004 by L.L. No. 2-2004]
The Village of Ellenville Planning Commission
shall consist of five members, each member serving for a five-year
term. The Mayor shall appoint one member of the Planning Commission
to serve as Chairperson, at its annual meeting, subject to the approval
of the Board of Trustees. In the absence of a Chairperson being duly
appointed, the Planning Commission, by the vote of its majority, shall
designate a member to serve as Chairperson.
[Added 6-14-2004 by L.L. No. 2-2004]
All Planning Commission members shall be required
to attend a minimum of two New-York-State-sponsored educational or
training courses during their five-year terms. Members shall be reimbursed
for the actual expenses incurred by their attendance, including but
not limited to program fee, lodging, food, and travel.
[Added 6-14-2004 by L.L. No. 2-2004]
Any person appointed to the Planning Commission
of the Village shall attend at least 75% of all regularly scheduled
meetings of the Commission during a period of 12 consecutive months.
[Added 6-14-2004 by L.L. No. 2-2004]
When a member of the Commission appointed to
a term of office by the Mayor or Board of Trustees fails to attend
at least 75% of all regularly scheduled meetings of the Commission
for a period of 12 consecutive months, or fails to attend the minimum
number of educational requirements established by this chapter, the
position may be deemed vacant, after public hearing, by the vote of
a majority of the Board of Trustees, at a meeting held no sooner than
10 days after written notice of a proposed resolution to declare the
position vacant is given to such member and, upon approval of a resolution
of the Board of Trustees declaring such position be vacant, the position
shall be deemed vacant forthwith and shall be filled in the manner
provided by law for the duration of the term for which such member
was appointed.
[Added 6-14-2004 by L.L. No. 2-2004]
A. Legislative findings. The Board of Trustees finds
that it is in the best interests of the Village residents to create
not more than two positions of alternate member of the Planning Commission
to sit on applications and other matters for such members as are unable
to participate because of a conflict of interest or because of an
inability to attend a meeting, in order to help assure that a quorum
is readily available to hear applications and other matters in a timely
manner. Since Paragraph 16 of § 7-718 of the Village Law
solely provides for the establishment of such positions when members
are unable to participate because of a conflict of interest, the Board
of Trustees seeks to both implement the provisions of said section
and simultaneously to supersede the limitations of said section, to
the extent necessary, if at all, to provide that such alternate members
may also act when members are unwilling, unavailable or, for any other
reason, do not attend a meeting or participate on an application.
B. Appointment and term. The Mayor is hereby authorized
to appoint, subject to the approval of the Board of Trustees, not
more than two alternate members to the Planning Commission. Each such
appointee shall serve for a three-year term. No alternate member shall
also serve as a member or alternate member of the Zoning Board of
Appeals.
C. Designation and powers. The Chairperson of the Planning
Commission may designate an alternate member to substitute for a member
when such member is unable to participate because of a conflict of
interest on an application or other matter before the Planning Commission
or when a member is unwilling, unavailable or, for any other reason,
does not attend a meeting or participate on an application. The alternate
member shall be designated prior to the initial meeting of each application
where a regular member is unable to participate, when practical, and
attend, deliberate, and vote in every meeting and action(s) taken
by the Planning Commission thereafter during the review of the application
in place of the member being substituted. When so designated the alternate
member shall possess all the powers and responsibilities of such member.
When so designated such designation shall be entered into the minutes
of the initial Planning Commission meeting at which the substitution
is made.
D. Limit of number of alternate members' participation.
Under no circumstances shall more than one alternate member participate
at any one time on any application.
Pursuant to an application, either directly
or through the Building Inspector, the Planning Commission is hereby
authorized to issue a special permit only for a use specifically listed
as requiring such permit in the district in which it is proposed,
subject to the following regulations and procedures.
Each application for a special permit shall
be submitted in duplicate on a form prescribed by the Commission,
accompanied by a fee in accord with a schedule adopted by the Village
Board, and shall include the following data. The Planning Commission,
at the request of the applicant, may waive such information as it
deems not relevant to its review or which would cause unusual hardship
to obtain. All maps shall be at a scale of not less than 50 feet to
the inch.
A. Basic data.
(1) Legal data.
(a)
The names of all owners of record of the property
in question and of all adjacent property and the lot, block and section
number of such properties as shown on the Official Village Assessment
Maps.
(b)
Existing zoning and special district boundaries.
(c)
Boundaries of the property, building or setback
lines, if different from those required in this chapter, and lines
of existing streets and lots as shown on the Official Assessment Maps.
Reservations, easements and areas dedicated to public use shall also
be shown.
(2) Existing buildings. A drawing showing the location
of existing buildings on the site and on adjacent property if within
50 feet of the property line.
(3) Development data.
(a)
Title of development, date, North point, scale,
name and address of record owner, engineer, architect, land planner
or surveyor preparing the plan.
(b)
The proposed use or uses of land and buildings
and proposed location of buildings.
(c)
All means of vehicular ingress and egress to
and from the site onto public streets.
(d)
The location and design of any off-street parking
areas or loading areas.
(e)
The location of all proposed waterlines, valves
and hydrants and of all sewer lines or alternative means of water
supply and sewage disposal and treatment.
(f)
The proposed location, direction, power and
hours of operation of proposed outdoor lighting.
(g)
The proposed screening and landscaping plan.
(h)
Proposed stormwater drainage system.
B. Additional data which may be required. Where, due
to special conditions peculiar to a site or the size, nature or complexity
of the proposed use or development of land or buildings, the Planning
Commission finds that all or portions of the additional data listed
below are necessary for proper review of the application, it may require
any or all of the data below to be included in the required submission.
(1) Legal data.
(a)
A survey of the property showing all lengths
in feet and decimals of a foot and all angles to the nearest minute,
or closer if deemed necessary by the surveyor.
(b)
A copy of any covenants or deed restrictions
that are intended to cover all or any part of the tract.
(2) Existing features.
(a)
Location of existing water mains, culverts and
drains on the property, with pipe sizes, grades and direction of flow.
(b)
The location of existing natural features, such
as watercourses, marshes, rock outcroppings and trees with a diameter
of more than eight inches.
(3) Topographic data.
(a)
Existing contours with intervals of five feet
or less, referred to a datum satisfactory to the Commission.
(b)
Proposed grading with a contour interval of
two feet.
(4) Development data. All proposed lots, easements and
public and community areas. All proposed streets with profiles indicating
grading and cross sections showing width of roadway, location and
width of sidewalk and location and size of utility lines. All lengths
shall be in feet and decimals of a foot, and all angles shall be given
to the nearest 10 seconds, or closer if deemed necessary to the surveyor.
The Planning Commission shall only approve the
issuance of a special permit if it finds that the following criteria
have been met:
A. That all proposed structures, equipment or material
shall be readily accessible for fire and police protection.
B. That the proposed use is of such location, size and
character that, in general, it will be in harmony with the appropriate
and orderly development of the district in which it is proposed to
be situated and will not be detrimental to the orderly development
of adjacent properties in accordance with the zoning classification
of such properties.
C. That, in addition to the above, in the case of any
use located in or directly adjacent to a residential district:
(1) The location and size of such use, the nature and
intensity of operations involved in or conducted in connection therewith,
its site layout and its relation to access streets shall be such that
both pedestrian and vehicular traffic to and from the use and the
assembly of persons in connection therewith will not be hazardous
or inconvenient or incongruous with the said residential district
or conflict with the normal traffic of the neighborhood.
(2) The location and height of buildings, the locations,
nature and height of walls and fences and the nature and extent of
screening and landscaping on the site shall be such that the use will
not hinder or discourage the appropriate development and use of adjacent
land and buildings or diminish the value thereof.
When issuing a special permit, the Planning
Commission may attach such conditions and safeguards as it deems necessary
to further the intent of these regulations and to protect the public
interest. Such conditions may include a requirement that the special
permit be periodically renewed. Such renewal shall only be withheld,
following due public notice and hearings, upon a determination that
the applicant has not complied with the provisions of the original
application or with any conditions prescribed by the Commission in
conjunction with approval of such application. In such case, the applicant
shall be granted a period of 60 days within which to achieve full
compliance with all conditions prior to revocation of the special
permit.
The Planning Commission shall review all applications
for variances submitted to the Board of Appeals and all proposed amendments
to the text or map of this Zoning Chapter being considered by the
Village Board of Trustees referred to it in accord with the provisions
of this chapter. The Commission shall have 30 days prior to the public
hearing in which to prepare and submit its advisory opinion. Failure
to submit an opinion within 30 days shall be deemed to be approval
of the proposed action.