It is the purpose of this article to promote the health, safety,
and general welfare of the Village through project review. A clean,
wholesome, attractive environment is declared to be of importance
to the health and safety of the inhabitants of the Village, and in
addition, such an environment is deemed essential to the maintenance
and continued development of the economy of the Village and the general
welfare of its inhabitants. It is intended for the Planning Board
to attach reasonable safeguards and conditions to those uses that
might otherwise produce deleterious effects on the environment, the
rural and scenic character of the Village or the Village residents'
health, safety and welfare.
A.
Authority. Pursuant to authority delegated in accordance with § 7-725-a
of the Village Law of the State of New York, the Village Board hereby
authorizes the Planning Board to review and approve, approve with
modification or disapprove site plans.
B.
Applicability. Site plan review uses shall be controlled by the regulations
in this article in addition to the regulations that apply in each
district or for specific uses. No zoning permit or certificate of
compliance shall be issued for any use or structure requiring site
plan review until approval has been granted by the Planning Board.
Expansions, additions, or changes to an existing site plan review
use require a new site plan review.
A.
Authority. Pursuant to authority delegated in accordance with § 7-725-b
of the Village Law of the State of New York, the Village Board hereby
authorizes the Planning Board to grant special use permits as set
forth in this chapter.
B.
Applicability. Uses requiring a special use permit shall be controlled
by the regulations in this article in addition to the regulations
which apply in each district or for specific uses. No zoning permit
or certificate of compliance shall be issued for any use or structure
requiring a special use permit until approval has been granted by
the Planning Board. Expansions, additions, or changes to an existing
special use requires a new special use permit.
A.
Application fee.
(1)
All Planning Board review applications shall be accompanied by a
check, cash or money order for a fee in an amount that shall be set
annually by the Village Board of Trustees, payable to the Village
of Clayton. This fee is not refundable and is to cover the cost of
advertising, stenographic fees, transcripts, inspection by the Code
Officer and other administrative expenses not provided for below.
(2)
Costs incurred by the Planning Board or Board of Trustees for consultation
fees, such as legal and engineering fees, or other out-of-pocket expenses
in connection with the review of a proposed project shall be passed
on to the applicant on a contractual basis or hourly rate as charged
by the consultant. The Village, in its discretion, may require our
applicant to deposit and maintain a designated sum in escrow with
the Village, for the Village's use to pay to professionals or
consultants which the Planning Board deems necessary or appropriate
to assist in its review of the application. The Village shall make
the determination of the applicability of an escrow fund and the amount
to be maintained therein on a case-by-case basis.
(3)
All fees shall be submitted before the application is considered
complete.
B.
Waiver of application requirements. The Planning Board is empowered
to waive, when reasonable, any application requirements for the approval,
approval with modifications or disapproval of site plans or special
use permits submitted for approval. Such waiver may be exercised in
the event requirements are found not to be requisite in the interest
of the public health, safety or general welfare and inappropriate
to a particular site plan or special use permit. The reasons for,
and the scope of any such waiver granted by the Planning Board shall
be in writing and entered into the minutes of the Board.
C.
Application submittal data. An application for project review shall
be made on forms prescribed by the Village and include a site plan
at a scale approved by the Planning Board. Five copies, minimum, of
all materials shall be submitted to the Board by the applicant. Extra
copies as may be deemed necessary by the Planning Board may be required.
The following information shall be required of all applications, unless
specifically waived by the Planning Board:
(1)
Name and address of applicant and owner, if different, and of the
person responsible for the preparation of such drawing;
(2)
Date, North arrow, written and graphic scale;
(3)
Boundaries of the area plotted to scale, including distances, bearings,
and areas;
(4)
The current zoning classification of the property, including the
exact zoning boundary if in more than one district;
(5)
A complete outline of existing or proposed deed restrictions or covenants
applying to the property;
(6)
Location and ownership of all adjacent lands as shown on the latest
tax records;
(7)
A written description of all proposed uses and activities on the
site, including the number and distribution by type of all dwelling
units;
(8)
Location, name, and existing width and right-of-way of adjacent roads,
including traffic circulation patterns;
(9)
Location, width, and purpose of all existing and proposed easements,
setbacks, reservations, and areas dedicated to public use adjoining
the property;
(10)
Location, size, and design of the following: existing and proposed
buildings, driveways, parking and loading areas, outdoor storage areas,
sewage facilities, water facilities, snow storage areas, docks, walls
and fences, energy distribution facilities, fire lanes, hydrants,
and other emergency zones;
(11)
Provisions for safe pedestrian access and movement;
(12)
Information on location and types of lighting proposed; a photometric
plan should be provided;
(13)
A landscaping plan and planting schedule;
(14)
A list of all necessary reviews and permits required from federal,
state, or county agencies;
(15)
Plans for controlling soil erosion and sedimentation during
construction;
(16)
Plans for grading and stormwater facilities showing existing
and proposed contours at five-foot intervals;
(17)
Significant or outstanding natural features of the property
(e.g., wetlands, streams, high-water lines, cliffs, dense vegetation,
etc.);
(18)
Designation of the amount of gross floor area and gross leasable
area proposed for each nonresidential use;
(19)
Project construction schedule and staging phases, if applicable;
(20)
An environmental assessment form (EAF) or draft environmental
impact statement (EIS), pursuant to 6 NYCRR Part 617, where required;
(21)
An agricultural data statement, pursuant to Village Law § 7-739,
when applicable;
(22)
A statement with the name, address and the nature and extent
of the interest of any state employee, or any officer or employee
of the Village or the County of Jefferson in the application pursuant
to General Municipal Law § 809, when applicable;
(23)
Other elements integral to the proposed development as considered
necessary by the Planning Board including identification of any federal,
state, or county permits required for the project's execution;
(24)
Description of traffic generation and on-site circulation. A
traffic study may be required by the Planning Board;
(25)
Floodplain boundaries shown if applicable;
(26)
Provide information that the Village of Clayton's Local Waterfront
Revitalization Program policies are being followed. A waterfront assessment
form shall be completed when necessary.
A.
Presubmission conferences. The applicant is encouraged to request
and attend a presubmission conference with the Planning Board prior
to formal submission of an application. This conference may be used
to discuss conceptual drawings, proposed uses, the possible waiver
of submission requirements, the review procedure and the criteria
that the project must meet.
B.
Complete application submission. An application is considered complete when the information required in § 132-35C has been formally accepted by the Planning Board at a public meeting of the Board.
C.
Public hearing. The Planning Board shall have a maximum of 62 days
once a completed application has been formally accepted by the Board
to hold a public hearing on the application to entertain public comment.
This time period may be extended upon the mutual consent of the Planning
Board and the applicant.
D.
Public hearing notice. Notice of the public hearing shall be provided
as follows:
(1)
Written notice shall be mailed to the owners of all parcels adjacent
to the applicant's property. The notice shall be mailed by first-class
U.S. mail to the property owner's address as appearing on the
latest completed assessment roll for the Village of Clayton, and shall
be postmarked not less than 10 days prior to the date of the public
hearing.
(2)
Written notice of the public hearing shall be published in the official
newspaper of the Village of Clayton not less than five days prior
to the date of the public hearing.
(3)
Signboards containing the notice of public hearing as provided in this subsection shall be posted by the Code Officer on the applicant's property not less than 10 days prior to the date of the public hearing. The sign shall be constructed as a sandwich board not less than 20 inches by 30 inches consisting of all-weather cardboard stock with black print lettering not less than the height identified in Subsection D(4) below. A minimum of one signboard shall be placed on each side of the subject premises facing a public street on which the property abuts. The signboard shall be erected not more than 10 feet from the road right-of-way and not less than two feet nor more than six feet above grade at the property line. The signboards shall be displayed continuously for a period not less than 10 days immediately preceding the date of the public hearing.
(4)
The signboard shall contain, at a minimum, the following information,
with lettering size as indicated:
|
Information
|
Size
(inches)
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|---|---|---|
|
Notice of Public Hearing
|
3
| |
|
Pursuant to § 132-36 of the Code of the Village of Clayton
|
1 1/4
| |
|
The Joint Town/Village of Clayton Planning Board/ZBA
|
1 1/4
| |
|
Special Use Permit/Site Plan Application/Area Variance/Use Variance/Interpretation
|
1 1/4
| |
|
(Date) at (Time)
|
1 1/4
| |
|
Town of Clayton Offices, 405 Riverside Drive, Clayton, NY 13624
|
1 1/4
| |
|
For more information, please call (315) 686-3512
|
1 1/4
|
(5)
In addition to any other application fee required to be paid by the
Village of Clayton, the applicant shall, at the time of application,
pay to the Village of Clayton a fee in an amount determined annually
by the Board of Trustees of the Village of Clayton to offset the cost
of preparing and posting the signs. In the event that the Board of
Trustees fails to establish a fee on any given year, the fee established
in the immediately preceding year shall continue to apply.
(6)
Notwithstanding any provision to the contrary contained herein, the
Code Officer shall have the authority to schedule public hearings
before the Joint Town/Village of Clayton Planning Board to consider
site plan applications or other matters within the jurisdiction of
the Joint Town/Village of Clayton Planning Board upon the determination
of the Code Officer that a proper application has been received and
is therefore complete.
(7)
The notice shall also be mailed to any farm operations listed on
the agriculture data statement.
E.
County Planning Board review.
(1)
Pursuant to General Municipal Law § 239-m, at least 10
days before the hearing, or where the hearing has been waived, before
final action, the Planning Board shall refer all site plan reviews
or special use permits to the County Planning Board that fall within
500 feet of the following:
(a)
The boundary of the Village;
(b)
A state or county park or recreation area;
(c)
A state or county highway or expressway;
(d)
A state- or county-owned drainage channel;
(e)
State or county land where a public building or institution
is located; or
(f)
The boundary of a farm operation located within an agricultural
district.
(2)
If the County Planning Board does not respond within 30 days from
the time it received a full statement on the referral matter, then
the Planning Board may act without such report. However, any County
Planning Board report received after such 30 days but two or more
days prior to final action by the referring body shall be subject
to the provisions of an extraordinary vote upon recommendation of
modification or disapproval. If the County Planning Board recommends
modification or disapproval of a proposed action, the referring board
shall not act contrary to such recommendation except by a vote of
a majority plus one of all the members.
F.
State environmental quality review. The Planning Board shall be responsible
for the completion of an environmental assessment form (EAF) for each
application, and for compliance with 6 NYCRR Part 617 (State Environmental
Quality Review Act regulations) in cooperation with other involved
agencies in the review of any application. The Planning Board shall
complete its environmental review and make an environmental determination
prior to final action on the application.
G.
Final decision. The final decision by the Planning Board must be
made within 62 days following the close of the public hearing. The
decision shall be in writing, specifying any conditions that may be
attached to an approval, the reasons that the Planning Board approved,
approved with modifications or disapproved the proposal, and the motions/vote
of the Planning Board. This time period may also be extended upon
the mutual consent of the Planning Board and the applicant.
H.
Filing of decision. All decisions shall be filed in the office of
the Village Clerk within five business days of final action, and a
copy mailed to the applicant. Within 30 days of final action on any
matter referred to the County Planning Board, the Planning Board shall
file a report of the final action with the County Planning Board.
I.
Conditions on approval. In its approval, the Planning Board shall
have the authority to impose such reasonable conditions and restrictions
on the issuance of a zoning permit for the application as are directly
related to and incidental to a proposed site plan. Upon approval of
the project, any such conditions must be met in connection with the
issuance of permits by applicable code officers of the Village.
J.
Area variance. Notwithstanding any provisions of law to the contrary,
where a proposed project contains one or more dimensional or physical
features which do not comply with the zoning law, application may
be made to the Zoning Board of Appeals for an area variance without
the necessity for a decision or determination of the Code Officer.
K.
Expiration of site plan reviews and special use permits. Site plan
review and special use permit approvals shall expire one year from
the date of issue unless significant progress has been made with the
project. An extension may be allowed by the Planning Board upon proof
of necessity submitted by the applicant due to conditions unusual
or beyond the control of the applicant.
L.
Abandonment of use requiring site plan review or special use permit.
A use determined to be abandoned by the Code Enforcement Officer shall
be required to meet the requirements of the zoning district where
it is located before a use can be approved. A use is considered abandoned
if there has been no activity relating to the approved use for a period
of two consecutive years.
A.
General site arrangement: the location, arrangement, size, design
and general site compatibility of buildings, lighting and signs with
respect to the site and adjacent development.
B.
Vehicular traffic: the adequacy and arrangement of vehicular traffic
access and circulation, including intersections, road widths, pavement
surfaces, dividers and traffic controls. There shall not be more than
one vehicular entrance and exit per commercial establishment upon
any individual public thoroughfare, and the distance between the entrance
and the exit center lines, if separated, shall be not less than 25
feet in any instance.
C.
Off-street parking: the location, arrangement, appearance and sufficiency
of off-street parking and loading.
D.
Pedestrian traffic: the adequacy and arrangement of pedestrian traffic
access and circulation, walkway structures, control of intersections
with vehicular traffic and overall pedestrian conveniences.
E.
Stormwater: the adequacy of stormwater and drainage facilities.
F.
Water and sewer: the adequacy of water supply and sewage disposal
facilities and any proposed charges to pay a portion of the cost of
the capital improvement to water and sewer facilities, whether already
expended or necessitated by the extent of the new proposed development.
G.
Landscaping and buffer: the adequacy, type and arrangement of trees,
shrubs and other landscaping constituting a visual and/or noise buffer
between the applicant's and adjoining lands, including the maximum
retention of existing vegetation.
H.
Fire lanes: the adequacy of fire lanes and other emergency zones
and a provision for fire hydrants.
I.
Stormwater: special attention to the adequacy and impact of structures,
roadways and landscaping in the areas of susceptibility to ponding,
flooding and/or erosion.
J.
Waterfront concerns: the location and arrangement of structures relative
to the waterfront.
K.
Local waterfront revitalization program: for development proposals
within the Riverwalk Districts, conformance with the applicable policies
and purposes of the Village's Local Waterfront Revitalization
Program.
L.
SEQR: the adequacy and appropriateness of the environmental assessment
form, if applicable, in addressing the environmental significance
of the proposed action.
M.
Ventilation/exhaust: location, arrangement and design of any ventilation
or exhaust device or other heat-, moisture-, odor- or noise-producing
process or use.
Special use permits may be issued only after the Joint Planning
Board has found that all the following standards and conditions have
been satisfied:
A.
The use possesses characteristics that will blend desirably with
the neighboring properties and will secure the objectives of the Code;
B.
The location, size of the structure, magnitude, nature and intensity
of the operation involved;
C.
The size of the operation in relation to the size of the site;
D.
The location of the site with respect to the roads and/or waters
giving access to it is such that it will be in harmony with the orderly
development of the district. Nor will the use unreasonably increase
traffic congestion;
E.
The location, nature and height of buildings, walls and fences will
not discourage the appropriate development and use of nearby land
and buildings or impair their value;
F.
The use will not conflict with the Village Comprehensive Plan, or
part thereof;
G.
The proposal will not impair public health, safety or general welfare;
H.
The proposal will not produce significant dust, odors, noise, lighting,
glare, vibration or nuisance;
I.
The proposal provides for adequate parking in accordance with the
provisions of this chapter.
A.
Installation guaranty.
(1)
In order that the Village has the assurance that the construction
and installation of infrastructure improvements, including but not
limited to storm sewer, water supply, lighting, sewage disposal, landscaping,
road signs, sidewalks, access facilities and road surfacing, will
be constructed, the Joint Village/Town Planning Board shall require
that the applicant complete said improvements before final approval
is granted, or the applicant shall enter into one of the following
agreements with the Village:
(a)
Furnish bond with the Village named as obligee executed by a
surety company equal to the cost of construction of such improvements
as shown on the plans and based on an estimate furnished by the applicant
and approved by the Board of Trustees. Any such bond shall require
approval of the Board of Trustees and the Village's attorney
as to form, sufficiency, manner of execution and surety; or
(b)
In lieu of the bond, the applicant may deposit cash, certified
check or an irrevocable bank letter of credit, a certificate of deposit
or other forms of financial security acceptable to the Board of Trustees.
Acceptable substitutes, if furnished, shall be kept on deposit with
the Village for the duration of the bond period.
(2)
All plans and specifications for the improvements and infrastructure
shall be approved by the Department of Public Works Superintendent
or an engineer hired by the Village.
B.
Maintenance guaranties.
(1)
In order that the Village has the assurance that the construction
and installation of the infrastructure and improvements, including
but not limited to storm sewer, water supply, lighting, sewage disposal,
landscaping, road signs, sidewalks, access facilities and road surfacing,
have been constructed in accordance with plans and specifications,
the Joint Town/Village Planning Board shall require that the applicant
shall enter into one of the following agreements with Board of Trustees:
(a)
Furnish a maintenance bond with the Village named as obligee
executed by a surety company equal to the cost of construction of
such improvements and infrastructures as built or constructed and
approved by the Department of Public Works Superintendent or an engineer
retained by the Village. Any such bond shall be for a minimum period
of one year and approved by the Board of Trustees and the Village's
attorney as to form, sufficiency, manner of execution and surety;
or
(b)
In lieu of the bond, the applicant may deposit cash, certified
check or an irrevocable bank letter of credit, a certificate of deposit
or other forms of financial security acceptable to the Board of Trustees.
Acceptable substitutes, if furnished, shall be kept on deposit with
the Village for the duration of the bond period.
C.
After construction of the improvements and infrastructure, they shall
be approved by the Department of Public Works Superintendent or an
engineer hired by the Village.
