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.
[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.
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;
(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;
(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, 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.
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.
[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)
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.
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:
(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.