A.
In addition to those other powers and duties assigned
to it by law, the Planning Commission is hereby empowered to perform
the following functions:
B.
All resolutions or official actions of the Planning
Commission shall require the concurring vote of a majority of the
Commission.
[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.
(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.
A.
The Planning Commission shall schedule a public hearing
to be held within 60 days of receipt of a complete application for
a special permit.
B.
Notice of the public hearing shall be published in
the official newspaper of the Village at least seven days prior to
the date of such hearing. In addition, the Village Clerk shall mail
notice of such hearing to all property owners within 200 feet of the
subject property at least seven days prior to the public hearing.
Such notices shall be sent to the owner's last known address, as shown
on the most recent Village tax records.
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.
A.
Within 60 days after the public hearing, the Planning
Commission shall render its decision as to whether to issue the special
permit and shall make a written report setting forth its findings
and conclusions and the basis for its decision.
B.
The decision of the Commission shall be filed immediately
with the Village Clerk and a copy thereof mailed to the applicant.
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.
A.
Uses requiring approval.
(1)
No building permit shall be issued for the following
categories of use or building prior to the review and approval of
a site development plan by the Planning Commission in accord with
the provisions of this section:
(a)
Any new residential building containing three
or more dwelling units or the conversion of any residential structure
to create an additional dwelling unit.
[Amended 7-14-1997 by L.L. No. 3-1997]
(b)
Any new nonresidential structure or addition
to an existing nonresidential structure.
[Amended 12-6-1999 by L.L. No. 5-1999]
(c)
Any structure or use which requires or proposes
to provide more than 15 off-street parking spaces.
(d)
Any use requiring a special permit.
(2)
In all cases where any amendment of any such plan
is proposed, the applicant must also secure the approval of the amendment
by the Planning Commission. No certificate of occupancy shall be issued
for any building or use of land within the purview of this section
unless the building is constructed or used or the land is developed
or used in conformity with an approved site plan, or an amendment
of any such plan.
(3)
Any change in the use of an existing nonresidential
building or property which results in an increase to the amount of
traffic generated or the addition of parking space required by the
new use as compared to the former or existing use of the building
or property. The basis for the determination as to whether such increase
in traffic will be generated or additional parking spaces will be
required shall be by decision of the Village's Code Enforcement Officer,
provided his/her decision is in concurrence with the Village Manager
and the Village Board's liaison to the Village's Building Department
at that time.
[Added 12-6-1999 by L.L. No. 5-1999; amended 6-11-2007 by L.L. No. 6-2007]
(4)
Any new principal building or structure which is proposed
to be placed on a lot so that the front building wall is situated
at an angle of more than 10° from parallel with the street line.
[Added 12-6-1999 by L.L. No. 5-1999]
(5)
The exhibition or display of merchandise or materials on the exterior of any new or existing nonresidential property shall require issuance of a special permit pursuant to § 227-128. This shall include, but not be limited to, displays or exhibitions of merchandise or materials for sale to the public or the operation of sidewalk cafes. This subsection shall apply to all existing and new commercial uses unless prior site plan approval includes the depiction of such outside activity.
[Added 7-22-2013 by L.L. No. 1-2013]
B.
In reviewing site plans, consideration shall be given
to the public health, safety and welfare; the comfort and convenience
of the public in general or the residents or users of the proposed
development and of the immediate neighborhood in particular; and the
accomplishment of the following objectives in particular:
(1)
That the design of all structures is compatible with
that of surrounding structures. Compatibility shall be determined
by a review of proposed use of materials, scale, mass, height, color,
texture and location of the structure or structures on the site.
(2)
That all proposed traffic accessways are adequate
but not excessive in number; adequate in width, grade, alignment and
visibility; not located too near street corners or other places of
public assembly; and other similar safety considerations.
(3)
That off-street parking and loading spaces are designed
to prevent obstruction in public streets and that the interior circulation
system is adequate to provide safe accessibility to all required off-street
parking lots, loading bays and building services.
(4)
That all playground, parking and service areas are
reasonably screened at all seasons of the year from the view of adjacent
residential lots and streets and that the general landscaping of the
site is such as to enhance the character of the Village and is in
character with that generally prevailing in the neighborhood.
(5)
That all existing trees over eight inches in diameter,
measured three feet above the base of the trunk, shall be retained
to the maximum extent possible.
(6)
That all plazas and other paved areas intended for
use by pedestrians are designed to use decorative pavements and plant
materials so as to prevent the creation of vast expanses of pavement.
(7)
That all outdoor lighting is of such nature and so
arranged as to preclude the diffusion of glare onto adjoining properties
and streets.
(8)
That the drainage system and the internal water and
sewer systems are adequate and that all connections to Village systems
are in accordance with Village standards.
(9)
That the site plan and building design accommodate
the needs of the handicapped and are in conformance with state standards
for construction concerning the handicapped.
(10)
That the site plan and building design consider
the conservation of energy.
C.
Procedure.
(1)
Prior to the submission of a formal site plan, the
applicant shall meet in person with the Planning Commission and/or
its designated representative to discuss the proposed site plan in
order to determine which of the subsequent requirements may be necessary
in developing and submitting the required site plan.
(2)
Within six months following the presubmission conference,
the site plan and any related information shall be submitted to the
Building Inspector in as many copies, not to exceed 10, as may be
agreed to during the presubmission conference. The site plan shall
be accompanied by a fee in accordance with the schedule of fees of
the Village of Ellenville. If not submitted within this six-month
period, another presubmission conference may be required.
(3)
The Building Inspector shall certify on each original
or amended site plan whether or not the application is complete and
whether the plan meets the requirements of all the provisions of this
chapter, other than those of this section regarding site plan review.
He shall act to certify the application or return it to the applicant
for completion or revision within 30 calendar days of submission by
the applicant.
(4)
Following such certification, the application shall
be forwarded to the Planning Commission at least 10 days prior to
its next regular meeting which shall be considered the official submission
date.
(5)
Simultaneously with its submission to the Planning
Commission, the certified application shall be forwarded to the Chief
of Police, Fire Chief, Health Department, Director of Public Works,
Plumbing Inspector and, where required, to the County Planning Board,
County Highway Department and any other agency that the Building Inspector
deems appropriate.
(6)
The Planning Board may hold a public hearing on the
site plan if it determines that the matter is of wide public interest.
If such a hearing is held, the provisions relating to public notice,
as required for a special permit, shall be followed.
(7)
The Planning Commission shall act to approve, disapprove
or approve with conditions any such site plan within 60 days after
the public hearing or, if no hearing is held, within 60 days of the
official submission date. Failure to act within said 60 days shall
be deemed to be approval. Conditional approval by the Planning Commission
shall include written findings upon any site plan element found contrary
to the provision or intent of this chapter. In reviewing the application,
the Planning Commission shall consider whether a proposed plan will
conform to the intent and requirements of this chapter and/or what
revisions are appropriate.
(8)
All conditions must be satisfied prior to issuance
of a building permit.
(9)
Amendments to a previously approved site plan shall
be acted upon in the same manner as the original site plan.
D.
Approval of a site plan by the Planning Commission
shall be valid for a period of 180 days from the date thereof for
the purpose of obtaining a building permit. Failure to secure a building
permit during this period shall cause the site plan approval to become
null and void. Upon application, the Planning Board may extend the
time limit on the validity of the approval to not more than two years
from the date of original approval.
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.
