All uses listed as special uses in Article III shall require review and approval by the Planning Board before a land use and development permit may be issued by the Code Enforcement Officer.
All special uses shall require review and approval of a special
use permit by the Planning Board before a land use and development
permit may be issued. A special use is considered to be an allowable
use in a district, provided that sufficient conditions and safeguards
are established to protect the health, safety and welfare of the public
in general and the residents of the surrounding area in particular.
In its review, the Planning Board shall have the authority to attach
such conditions and safeguards as it deems appropriate in order for
the proposed use to comply with the following general and specific
standards. No special use shall be approved unless the following standards
are met.
A.
Impact upon surrounding properties. The proposed use shall not cause
a significant adverse impact upon nearby properties by reason of traffic,
noise, fumes, odors, vibration, flashing lights, litter, surface water
or groundwater contamination, air pollution, drainage, visual impact,
excessive nighttime lighting, creation of a safety hazard, risk of
fire or explosion or other adverse condition; nor shall the proposed
use significantly impair the future development of surrounding properties.
B.
Vehicular access. Proposed vehicular access points shall be adequate
in width, grade, alignment and visibility; shall not be located too
near road intersections or places of public assembly; and shall meet
similar safety considerations.
C.
Emergency vehicle access. All proposed buildings, structures, equipment
and materials shall be readily accessible for fire and police protection.
D.
Screening. Parking and loading areas which, in the judgment of the
Planning Board, may have an adverse visual impact upon neighboring
residential properties shall be reasonably screened by vegetation
or by fencing at all seasons of the year from the view of such properties.
E.
Drainage and erosion control. Adequate provision shall be made for
drainage of the site and to ensure that stormwater runoff does not
create an adverse impact upon nearby lands or waterways.
F.
Lighting. Exterior lighting shall not be directed so that it shines
onto adjoining residential properties or onto public roads. High-intensity
lighting shall be minimized.
G.
Utilities and municipal services. Adequate provision shall be made
for water supply and sewerage disposal, electrical service and solid
waste disposal. The proposed use shall not create a burden on municipal
or county services.
H.
Lake Champlain water quality. The proposed use shall not have an
adverse impact upon the water quality of Lake Champlain, particularly
in the location of a Village water supply intake.
The purpose of this section is to maintain the existing visual
character along Lake Street and within the downtown commercial district.
Within Commercial 1 (C1), Commercial 6 (C6) and Mixed-Use 2 (M2) Districts,
all special uses shall be in general visual harmony with the surrounding
properties. Building design, color, signage and landscaping shall
be in keeping with the neighborhood.
A.
Due to potential impacts on traffic volume, vehicular and pedestrian
circulation, and the environment, the following additional standards
are required for the permitting of drive-through windows:
(1)
Site location criteria. The site of the drive-through window shall
meet all of the following criteria:
(a)
The drive-through shall not be located within 100 feet of a
lot line of any existing residential use;
(b)
The use shall not substantially increase traffic on streets
in residential and mixed-use districts;
(c)
The site shall be adequate in size and shape to accommodate
said use and to accommodate all yards, parking, landscaping, and other
required improvements; and
(d)
The use shall not substantially lessen the usability and suitability
of an adjacent residential or mixed-use district for residential use.
(2)
General design standards. All of the following must be provided for
the primary use to be granted a building permit for a drive-through
window:
(a)
Lighting. All lighting on the exterior of the building shall
be of an indirect nature, emanating only from fixtures located under
canopies or hoods, under eaves of buildings and at ground level in
the landscaping. Freestanding pole lights shall not exceed a maximum
height of 14 feet and shall be so arranged and shielded that there
shall be no glare or reflection onto adjacent properties or public
rights-of-way.
(b)
Signs should be placed and waiting lanes should be designed
so that waiting cars do not block sidewalks or public streets.
(c)
Landscaping, waiting-lane devices, and overall design should
not prevent vehicles from safely and efficiently leaving waiting lanes.
(d)
Traffic circulation.
[1]
A traffic study addressing both on-site and off-site traffic
and circulation impacts is required.
[2]
Pedestrians must be able to enter the establishment from the
parking lot or sidewalk without crossing the waiting or exit lines.
[3]
Waiting lanes shall be designed for the maximum length possible.
At a minimum, waiting lanes should accommodate average peak monthly
traffic flow, allowing 23 feet per vehicle. Applicants must provide
data about the peak flows of the business to determine the minimum
waiting lanes needed.
[4]
The waiting lane shall be independent of any on-site parking,
parking maneuvering areas, public streets or traffic ways serving
other on- and/or off-site uses.
(3)
Site plan requirements. In addition to the general requirements for
site plan review, drive-through window site plans must also include
the following features:
A.
CANOPY
FUEL PUMP
PUMP ISLAND
Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
Any structural protective cover that is not enclosed on any
of its four sides and is provided for a service area designated for
the dispensing or installation of gasoline, oil, antifreeze, headlights,
wiper blades and similar products.
Any device that dispenses automotive fuel and/or kerosene.
A fuel pump may contain multiple hoses or be capable of serving more
than one fueling position simultaneously.
A concrete platform measuring a minimum of six inches in
height from the paved surface on which fuel pumps are located.
B.
General standards.
(1)
Gasoline and/or fuel pumps shall not be located closer to any side or rear lot line than the minimum setbacks for buildings as specified in § 120-11 herein.
(2)
No building, parking or service area shall be closer than 100 feet
to any existing residential structure.
(3)
Adequate space shall be provided for safe pull-off, parking, waiting
lines and service, so as to prevent any interference with the roadway
or shoulder. Gasoline pumps shall be located at least 15 feet from
the street line (front property line).
(4)
Fuel pumps and canopied areas are preferred to be located between
the principal building and the side or rear lot line and not between
the building and the street.
(5)
All permitted accessory services shall occur within enclosed buildings.
(6)
Principal buildings shall be oriented to the street.
(7)
Outdoor storage of motor vehicles shall be prohibited at all times.
Premises shall not be used for the sale, rent or display of automobiles,
recreational vehicles, trailers, boats or other vehicles.
C.
Canopies.
(1)
Canopies shall not exceed 16 feet in height from finished grade to
the underside of the canopy.
(2)
Canopies shall be architecturally integrated with the principal building
and all other accessory structures on the site through the use of
the same or compatible materials, colors and roof pitch.
(3)
Any lighting fixtures or sources of light that are a part of the
underside of the canopy shall be recessed into the underside of the
canopy so as not to protrude below the canopy ceiling surface more
than two inches.
All junk wastes as a result of servicing motor vehicles, such
as discarded parts, shall be stored in an enclosed structure or fenced
area so as not to be visible from adjacent lots.
All mobile home parks shall comply with Chapter 83, Mobile Homes, of the Code of the Village of Rouses Point, New York.
A.
The minimum lot size for campground/travel trailer parks shall be
two acres.
B.
Each campground/travel trailer park shall have adequate access to
a public highway; and each camp/travel trailer site shall be serviced
from interior roadways.
C.
The campground/travel trailer park shall be divided into campsites.
The corners of each campsite shall be clearly marked, and each campsite
shall be numbered for identification.
D.
The minimum size of each camp/travel trailer campsite shall be 2,500
square feet.
E.
There shall be a minimum green space buffer of 30 feet surrounding
the campground/travel trailer park. No campsite or portion thereof,
building, structure or roadway shall be placed within the buffer area.
F.
No campsite shall be located within 50 feet of the mean low-water
mark of Lake Champlain.
G.
The Planning Board may require that the campground/travel trailer
park be substantially screened from the view of public roads and neighboring
properties.
H.
Each campground/travel trailer park shall comply with all applicable
rules and regulations of the New York State Department of Health and
the Clinton County Health Department.
I.
Adequate plans shall be made for the collection and disposal of garbage,
rubbish and solid wastes generated within the park.
A.
All marinas shall provide and maintain at their own expense a parking
lot of sufficient size to provide for 1 1/2 spaces per each boat
docking or mooring space.
B.
All marinas shall provide and maintain at their own expense adequate
fire lanes allowing access by appropriate fire-fighting apparatus
to all areas of the marina, including but not limited to parking lots
and boat docking and mooring slips. Parking lot roads designated as
fire lanes shall be maintained free of obstructions at all times.
As part of its review and approval of a special use, the Planning
Board shall review and approve a site plan for the proposed use.
All applications for special use approval shall consist of the
following:
A.
Site plan map.
(1)
Three copies of a site plan map (one to be retained for Village records,
one to be returned to the applicant and one for referral to county
if necessary), drawn to scale, to include as applicable:
(a)
Title of drawing, including name and address of applicant and
person responsible for preparation of such drawing.
(b)
North arrow, scale and date.
(c)
Boundaries of the property plotted to scale.
(d)
Existing watercourses and bodies of water.
(e)
Proposed grading and drainage.
(f)
Location, proposed use and height of all buildings and site
improvements, including culverts, drains, retaining walls and fences.
(g)
Location, design and construction materials of all parking and
truck loading areas, showing points of entry and exit from the site.
(h)
Location of outdoor storage, if any.
(i)
Description of the method of sewage disposal and location of
facilities.
(j)
Identification of water source, if applicable.
(k)
Location, size and design and construction materials of all
proposed signs.
(l)
Location and proposed development of all buffer areas.
(m)
Location and design of outdoor lighting facilities.
(2)
The Planning Board may, at its discretion, require that such site
plan be prepared by a New York State licensed engineer or architect.
B.
Accompanying data, to include the following as applicable:
(1)
Application form and fee.
(2)
Name and address of applicant and any professional advisors.
(3)
Authorization of owner if applicant is not the owner of the property
in question.
(4)
Short environmental assessment form.
(5)
Any additional endorsements, certifications or approvals required
by the Planning Board.
(6)
Other information as the Planning Board may reasonably require to
assess the proposed project.
The Planning Board may waive one or more submission requirements
in the case of minor projects of an uncomplicated nature.
Special use permit applications to the Planning Board shall
be processed using the procedure outlined in Subsections A through
E below:
A.
Review.
(1)
The Planning Board shall undertake a preliminary review of a special
use permit application at its first regularly scheduled monthly meeting
after the application is submitted. At the preliminary review the
Board shall determine whether the application is complete. If the
application is deemed to be incomplete, then the applicant shall be
notified, in writing, of what further information is required. If
the application is considered to be complete, then the Board shall
proceed to schedule a public hearing.
(2)
Pursuant to the New York State Environmental Quality Review Act (SEQRA),
the Planning Board in their initial review of an application shall
determine that no further action is necessary to fulfill the requirements
of said act or require that the applicant submit a full environmental
assessment form (EAF) for their review. Upon review of the full EAF
the Planning Board shall issue either a negative or positive declaration.
The application shall not be considered complete until the requirements
of SEQRA are fulfilled.
B.
The Planning Board shall schedule a public hearing within 62 days
of receipt of a complete application and shall provide notice of such
hearing by publication in a newspaper of general circulation in the
Village at least five days prior to the date thereof. The Planning
Board shall mail notice of the special use permit hearing to the applicant
at least 10 days prior to the hearing.
C.
Planning Board referral to County Planning Board. Where the consideration
for a special use permit involves land within 500 feet of an adjoining
municipality, or from the boundary of any existing or proposed county
or state park, or from the right-of-way of any existing or proposed
state or county highway, or from the existing or proposed right-of-way
of any stream or drainage channel owned by the county, or state or
county-owned land on which a public building is situated, the application
shall be referred to the Clinton County Planning Board at least 10
days before the public hearing and acted upon in accord with the provision
of Section 239 of New York State General Municipal Law.
D.
Within 62 days of the final public hearing, the Planning Board shall
render a decision to approve, disapprove or approve with modifications
or conditions. Said time period may be extended by mutual consent
of the applicant and the Board.
E.
All decisions shall be in writing, shall be filed with the Village
Clerk within five business days of the decision and a copy thereof
shall be provided to the applicant.
In its review of a proposed special use, the Planning Board
may impose any conditions it deems necessary to serve the interests
of the public health, safety and general welfare and to improve compatibility
with surrounding properties. Such conditions may include but shall
not be limited to:
A.
Requiring landscaping or vegetative screening.
B.
Increasing building setback.
C.
Limiting the size of buildings, parking areas or facilities.
D.
Specifying the location and design of entrances, exits and off-street
parking space.
E.
Requiring that materials be stored indoors or certain activities
be conducted indoors.
F.
Requiring noise barriers.
G.
Requiring stormwater retention ponds or other drainage and pollution
control devices.
