The following procedures and processes shall
be followed by any applicant desiring to initiate a project or proposal
in any district within the Village of Waverly.
All permitted uses in zoning districts requiring
site plan approval by the Planning Board shall have prior site plan
review and approval before a building permit is issued for the alteration
or construction of any building. The site plan and related drawing
shall be submitted by an applicant or agent thereof to the Planning
Board and shall be reviewed in accordance with the following procedures
and standards and shall be subject to a public hearing.
A. Submission of site plan and supporting data. An applicant
or agent thereof shall submit a site plan and supporting data which
has been prepared by a certified architect, landscape architect, engineer,
land surveyor or planner, (may be waived at Planning Board discretion
on minor projects) and shall include the following information presented
in drawn form and accompanied by a written text:
(1) Survey of the properties showing existing features
of the property, including contours, buildings, structures, trees
over four inches in trunk diameter, streets, utility easements, rights-of-way
and land use.
(2) Site plan showing proposed building locations and
land use areas.
(3) Traffic circulation, parking areas and pedestrian
walks.
(4) Landscaping plans, including site grading and landscape
design.
(5) Preliminary architectural drawings for buildings delineated
to be constructed, including floor plans, exterior elevations and
sections.
(6) Preliminary engineering plans, including street improvements,
drainage system, and public utility extensions.
(7) Engineering feasibility studies of any anticipated
problems which might arise due to the proposed development as required
by the Planning Board.
(8) Construction sequence and time schedule for completion
of each phase for buildings, parking spaces and landscaped areas.
(9) A description of the proposed uses including hours
of operation, number of employees, expected volume of business, and
type and volume of traffic expected to be generated.
B. Site plan approval The Planning Board shall review
the site plan and supporting data and shall hold a public hearing
within 30 days of submittal before approval or approval with stated
conditions is given, and taking into consideration the following objectives:
(1) Harmonious relationship between proposed uses and
existing adjacent uses.
(2) Maximum safety of vehicular circulation between the
site and the street network.
(3) Maximum adequacy of interior circulation, parking
and loading facilities with particular attention to vehicular and
pedestrian safety.
(4) Adequacy of landscaping and setbacks in regard to
achieving maximum compatibility and protection to an adjacent residential
district. Should changes or additional facilities be required by the
Planning Board, final approval of the site plan shall be conditional
upon the satisfactory compliance by the applicant to the changes or
addition. An applicant wishing to make changes in an approved site
plan shall submit a revised site plan to the Planning Board for review
and approval before making application for a building permit.
An applicant shall make application to the Planning Board for a special permit as permitted in each district and shall submit a site plan with such requirements as stated in §
153-22B of this article. The Planning Board shall review the application for a special permit and the site plan concurrently and shall hold a public hearing within 30 days of submittal and shall render an approval, approval with conditions or disapproval within 30 days of the public hearing.
A. Existing violations; bar to special permit. No special
permit shall be issued for a special use for a property where there
is an existing violation of this chapter.
B. Expiration of special permit. A special permit is
not transferable and shall authorize only one special use and shall
expire if the special use ceases for more than three months for any
reason. A special permit, if granted, shall expire one-year after
it is issued if the proposed use is not started by the applicant.
Provision is included for Planned Unit Development
Districts to permit establishment of areas in which diverse uses may
be brought together as a compatible and unified plan of development,
which shall be in the interest of the general welfare of the public.
In Planned Unit Development Districts, land and structures may be
used for any lawful purpose in accordance with the provisions set
forth herein.
A. Procedure.
(1) An applicant or agent thereof shall apply in writing
for a change in district to a Planned Unit Development District and
shall submit two copies of a preliminary development plan and any
other supplementary material as described in § 155-22B to
the Village Planning Board.
(2) The Planning Board shall informally discuss the proposed
application for a change in district and shall review the preliminary
development plan with the applicant at a meeting of the Planning Board.
The Planning Board shall prepare general recommendations with regard
to the preliminary development plan and the proposed change in district.
(3) The Planning Board shall send a copy of its recommendations
to the applicant indicating its approval in principle, or its disapproval,
concerning the proposed change in district and the preliminary development
plan. If the proposed change in district and preliminary development
plan are approved in principle, the Planning Board shall state any
specific changes it will require and authorize the applicant to submit
a formal application and development plan as applicant as outlined
in § 155-22C.
(4) The applicant shall submit three copies of an application
for a change in district and three copies of a development plan, second
submission.
(5) The Planning Board shall discuss the proposed change
in district and the development plan with the applicant at a public
meeting. The Planning Board will submit its findings with regard to
the proposed change in district and the development plan as required
by § 155-22C to the Village Board of Trustees, which shall
proceed in a process to amend this chapter.
(6) After receipt of the Planning Board's recommendations,
public notice shall be given and a public hearing held on the proposed
change of district as provided by law in the case of an amendment
to this chapter.
(7) After the public hearing, this chapter may be amended
so as to define the boundaries of the Planned Unit Development District,
but such action shall have the effect only of granting permission
for development of the specific proposal, in accordance with this
chapter within the area so designated, with the development plan submitted.
If the change of district and development plan is approved, an appropriate
notation to the effect will be made on the face of the three copies
of the development plan. One copy will be retained by the Clerk, one
copy will be given to the Planning Board, and one copy will be returned
to the applicant.
B. Preliminary development plan, first submission. The
owner shall submit a preliminary development plan to the Planning
Board for review, which shall include the following information presented
in drawn form and which may be accompanied by a written text:
(1) Proposed site plan showing building locations and
land use areas.
(2) Proposed traffic circulation, parking areas and pedestrian
walks.
(3) Proposed landscaping layout.
(4) Proposed construction sequence for buildings, parking
spaces and landscaped areas.
(5) State Environmental Quality Review Act.
C. Development plan, second submission. The applicant
shall submit a development plan to the Planning Board for review,
together with the application for a change of district classification.
The development plan shall be prepared by an architect, landscape
architect, engineer, land surveyor or planner, and shall include the
information required below presented in drawn form and which may be
accompanied by a written text. This development plan shall be in general
conformance with the approved preliminary development plan. Such approval
shall be valid for three years, at which time, unless the proposed
development has been completed, the development plan approval shall
be considered denied and the Planning Board shall institute proceedings
to change the zone to the previous classification.
(1) Survey of the property, showing existing features
of the property, including contours, buildings, structures, trees
over four inches in trunk diameter, streets, utility easements, rights-of-way,
and land use.
(2) Site plan showing proposed building locations and
land use areas.
(3) Traffic circulation, parking areas and pedestrian
walks.
(4) Landscaping plans, including site grading and landscape
design.
(5) Preliminary drawings for buildings delineated to be
constructed in the current phase, including floor plans, exterior
elevations and sections.
(6) Preliminary engineering plans, including street improvements,
drainage system, and public utility extensions.
(7) Engineering feasibility studies of any anticipated
problems which might arise due to the proposed development as required
by the Planning Board.
(8) Construction sequence and time schedule for completion
of each phase for buildings, parking spaces and landscaped areas.
D. Findings required The Planning Board may recommend
to the Village Board the establishment of a Planned Unit Development
District provided that they find the facts submitted with the development
plan establish that:
(1) The uses proposed will not be detrimental to present
and potential surrounding uses, but will have a beneficial effect
which could not be achieved under any other district.
(2) Land surrounding the proposed development can be planned
in coordination with the proposed development and that it be compatible
in use.
(3) The proposed change to a Planned Unit Development
District is in conformance with the general intent of the Comprehensive
Development Plan.
(4) Existing and proposed streets are suitable and adequate
to carry anticipated traffic within the proposed district and in the
vicinity of the proposed district.
(5) Existing and proposed utility services are adequate
for the proposed development.
(6) Each phase of the proposed development as it is proposed
to be completed contains the required parking spaces, landscape and
utility areas necessary for creating and sustaining a desirable and
stable environment.
(7) The proposed Planned Unit Development District and
all proposed buildings, parking spaces and landscape and utility areas
can be completely developed within three years of the establishment
of the district.
No sign exceeding 100 square feet in area shall
be erected or altered until a sign permit has been issued by the Enforcement
Officer. All applicants for sign permits shall submit the following:
A. Name, address and telephone number of the owner.
B. Name of person or firm erecting the structure.
C. Location of building, structure, or lot to which or
upon which the sign is to be attached or erected.
D. The type, size and location of the sign.
E. Two copies of the plans and construction specifications
for structures and attachments to the building or the ground.
F. Copy of stress sheets and calculations showing that
the structure is designed for dead load and wind pressure in any direction
in the amount required by this chapter for signs 150 square feet or
more in area.
G. Any electrical permit required and issued for the
sign.
H. Such other information as the Enforcement Officer
shall require to show full compliance with this chapter.
Where any project or proposal requires a review
under the provisions of the NYSEQRA, the Planning Board shall make
such determinations as required and shall conduct the SEQRA process
in accordance with such regulations and concurrently with any process
or procedure contained in this chapter.