[Amended 12-9-2013 by L.L. No. 4-2013]
The Mayor, subject to the approval of the Board of Trustees,
shall appoint a Planning Board of five members and the Chairperson
as prescribed by law.
The Planning Board shall have the following duties with respect
to this chapters:
A.
Recommendations.
(1)
Optional reports. The Planning Board shall submit reports within
30 days after referral on any matter referred to it.
(2)
Mandatory recommendations. The Planning Board shall submit recommendations
to the appropriate board on all applications for: (1) Zoning amendments,
and (2) all other uses for which a referral to the Planning Board
is mandatory.
(3)
Failure to report. When the Planning Board fails to make a recommendation/report
within 30 days from receipt of the request, it shall be deemed that
the Planning Board has no objections to the request or proposal. The
thirty-day requirement may be extended with permission of the Board
making the referral.
B.
Subdivisions. Review and act on all subdivision requests.
C.
Other duties. The Planning Board shall also exercise all other powers
conferred upon it by other laws and shall act on all matters referred
to it by the Municipal Board. It shall conduct hearings and perform
its duties in accordance with procedures spelled out in applicable
laws.
[Added 8-24-2009 by L.L. No. 2-2009; 8-12-2013 by L.L. No. 2-2013]
A.
The purpose of this section is to provide regulations governing the
applicability, submission requirements, and standards for review and
design of uses required to obtain site plan approval. The intent is
to:
(1)
Promote the health, safety and general welfare of the Village of
Celoron by promoting a clean, wholesome and attractive environment,
which is essential to the maintenance and continued development of
the economy of the Village and the general welfare of its inhabitants.
(2)
Ensure that the development and use of land within the Village of
Celoron does not have an adverse effect on adjacent lands or on the
character of the community.
(3)
It is the further intent of these regulations to protect the community
from traffic congestion, noise, lighting, odor and other forms of
pollution, inappropriate design, flooding, excessive soil erosion,
and stormwater impacts, and to ensure that the proposed use will be
in harmony with the appropriate and orderly development of the district
in which it is proposed, and that its impacts can be mitigated by
compliance with reasonable conditions.
B.
Authority of Planning Board to review site plans. The Planning Board
of the Village of Celoron is hereby authorized to grant site plan
approval pursuant to § 7-725-a of the Village Law, as amended
from time to time.
C.
Applicability.
(1)
Uses requiring site plan approval. Prior to the issuance of a building permit in any zoning district or a permit for a change in use or approval of a special use, the Code Enforcement Officer shall require site plan approval in accordance with the provisions of this subsection. All new land use activities shall require site plan approval, including new structures, new uses, expansions of existing structures, excavation operations and legal conversions of existing buildings to other uses except those specifically exempted below in § 210-67C.
(2)
Level of site plan review required. All uses requiring site plan
approval, as specified above, shall comply with the review provisions
of either the minor site plan approval process or major site plan
approval process.
(a)
Uses qualifying for minor site plan approval. Single-family
dwellings, and their accessory structures, on an approved building
lot meeting the dimensional requirements of the Village of Celoron
that are not part of a proposed subdivision and do not exceed any
of the following thresholds:
[1]
Located within 1,000 feet of the shoreline of Chautauqua Lake
or 200 feet of a wetland, streambank or watercourse;
[2]
Located within a one-hundred-year flood hazard area as defined
by the Federal Emergency Management Agency (FEMA) and shown on the
most current Flood Insurance Rate Maps (FIRM);
[3]
Requires a cumulative total of 10,000 square feet of land disturbance;
[4]
Creates a use with impervious surfaces that cumulatively are
greater than 15% of the total lot area; or
[5]
Contain slopes in excess of 15% within the area of land disturbance.
(3)
Exempted uses. The following land use activities are exempted from
the requirements of this article, unless site plan is otherwise required
as a condition of a separate Village approval:
(a)
Development creating less than 2,500 square feet of land disturbance
in total.
(b)
Normal building maintenance, including the repair or maintenance
of structural members.
(c)
Nonstructural agricultural or gardening uses not involving clear-cutting
timber or farm ponds.
(d)
Minor or incidental landscaping or grading (less than 2,500
square feet).
(e)
Interior alterations that do not substantially change the nature
or use of a residential, commercial or industrial structure.
(f)
Exterior alterations or additions to an existing residential
or commercial structure, which do not substantially change its nature
or use, and will not increase the gross floor area of the existing
structure by more than 25% in total within any five-year period.
(g)
Any change of use where no change to the building footprint
or site is proposed.
(h)
The sale of agricultural produce and temporary structures related
to the sale of agricultural produce.
(i)
Signs under 10 square feet.
(4)
Existing uses and structures. This subsection does not apply to uses
and structures that are lawfully in existence as of the date this
subsection is adopted. Any use that would otherwise be subject to
this subsection, which has been discontinued for a period of one year
or more, shall be subject to review pursuant to the terms herein defined
before such use is resumed. Any use or structure shall be considered
to be in existence, provided that such use or structure has started
construction prior to the effective date of this subsection and is
fully constructed and completed within one year after the effective
date of these regulations.
D.
Procedures.
(1)
Preapplication meeting. The applicant shall meet with the Code Enforcement
Officer prior to submission of a site plan for review to determine
whether a minor or major site plan approval is required. At the preapplication
meeting, the applicant shall provide a written statement and/or a
rough sketch describing what is proposed, including an indication
of all existing structures and uses, if any, on the site. The Code
Enforcement Officer shall use the preapplication meeting as an opportunity
to advise the applicant of the procedures for both minor and major
site plan approval and the potential information to be required on
either type of site plan.
(2)
Minor site plan review.
(a)
Application for minor site plan approval. Within 60 calendar
days of the preapplication meeting, a complete application for site
plan approval shall be made in writing to the Code Enforcement Officer.
The application shall be accompanied by not less than three prints
of the proposed site plan (or as many additional prints as may be
required for circulation purposes) and one electronic file of the
proposed site plan, in a form usable by the Village (pdf or other
specified format). Site plans may be provided on a drawing certified
by a licensed civil engineer, registered landscape architect, registered
architect or other licensed design professionals, but the Code Enforcement
Officer shall not require this unless the services of such professionals
are necessary to provide accurate information or are otherwise required
by law. Such plans shall be submitted and shall include information
drawn from the section below of items, as determined necessary by
the Code Enforcement Officer at the time of the preapplication meeting.
(b)
Minor site plan contents. A minor project site plan application
shall contain the following information (see www.chautauquagis.com
as a source for some information):
[1]
The name and address of the applicant and any professional advisors.
[2]
A sketch of the parcel on a location map (e.g., a Tax Map) showing
boundaries and dimensions of the parcel and identifying contiguous
properties that are within 500 feet of the proposed structure and
any known easements or rights-of-way and roadways.
[3]
Existing features of the site lying within 300 feet of the proposed
structure, including land and water areas, water or sewer systems,
and the approximate location of all structures within 500 feet of
the proposed structures.
[4]
The proposed location and arrangements of structures and uses
on the site, including means of ingress and egress, parking, and circulation
of traffic.
[5]
A sketch of any proposed structures (including septic systems),
showing exterior dimensions and elevations of front, side, and rear
views; copies of available blueprints, plans, or drawings.
[6]
A concise description of the project describing the intended
use of proposed structures and any changes in the existing topography
(i.e., grading, filling, vegetation removal) and natural features.
[7]
If the parcel contains a wetland, or floodplain, a copy of the
floodplain map and wetland map that corresponds with the boundaries
of the property.
(c)
Code Enforcement Officer's review of minor site plan. The
Code Enforcement Officer's review of a site plan shall include,
but is not limited to, the following considerations:
[1]
Any excavation, filling and grading proposed to be undertaken,
including the depth, nature and volume of materials involved.
[2]
The type, size and location of vegetation to be removed during
site preparation.
[3]
All temporary and permanent drainage, erosion and sediment facilities
proposed.
[4]
Adequacy of stormwater management and sanitary waste disposal
facilities.
[5]
Total cumulative impervious surface coverage as a percentage
of lot area.
[6]
Location of septic system and leach fields in relationship to
wetlands, streambanks and watercourses.
[7]
Site layout and design in relationship to natural features.
[8]
An on-site visit to the proposed site to examine features.
(e)
Required referral. On occasion, when applicable, the Code Enforcement
Officer shall refer the plan to the Chautauqua County Planning Board
for its review and approval, pursuant to § 239-m of the
General Municipal Law, prior to taking final action on the site plan.
(f)
Code Enforcement Officer's action on minor site plan. Within
30 days of the receipt of a complete minor site plan application,
the Code Enforcement Officer shall act on the minor site plan application.
[1]
Determination.
[a]
After review and evaluation, the Code Enforcement
Officer, through an administrative review, shall make a determination
to either approve, approve with modifications, or disapprove the minor
site plan application. A copy of the determination shall be filed
in the Village Clerk's Office and mailed to the applicant within
five business days of the Code Enforcement Officer's determination.
[b]
Upon a determination of either approval or approval
with modifications of an application in full compliance with the submission
requirements stated therein the Code Enforcement Officer shall be
authorized to stamp and sign the minor site plan.
[c]
If the Code Enforcement Officer's determination
includes a requirement that modifications be incorporated in the minor
site plan, conformance with said modifications shall be considered
a condition of approval.
[d]
If the minor site plan is not approved, the Code
Enforcement Officer's determination shall state specific reasons
for such decision. In such a case, the Code Enforcement Officer may
recommend further study of the minor site plan and resubmission to
his office after it has been revised or redesigned.
[2]
Submission requirements for stamping. After receiving site plan
approval, with or without modifications, from the Code Enforcement
Officer, the applicant shall within two calendar months submit a minimum
of three prints to the Code Enforcement Officer for stamping and signature.
The minor site plan submitted for stamping shall conform strictly
to the minor site plan approved by the Code Enforcement Officer except
that it shall further incorporate any revisions or other modifications
required by the Code Enforcement Officer.
[3]
Effect of stamping and signature. Upon stamping and signature
by the Code Enforcement Officer, the Code Enforcement Officer may
then issue a building permit or certificate of occupancy if the project
conforms to all other applicable requirements.
[4]
Expiration of approval. The Code Enforcement Officer's
approval of a minor site plan shall expire if the following circumstance
occurs:
[a]
A complete application for either a building permit
or certificate of occupancy is not submitted to the Code Enforcement
Officer within 12 calendar months of the signing and stamping of the
site plan by the Code Enforcement Officer.
[b]
Upon prior written request to the Code Enforcement
Officer, the time period for either submission of an application for
a building permit or certificate of occupancy may be extended for
a maximum period of six calendar months from its otherwise specified
termination date.
(3)
Major site plan review.
(a)
Sketch plan conference (optional). A sketch plan conference
between the Planning Board and the applicant is encouraged and may
be held to initially review the basic site design concept and generally
determine the extent of site plan review necessary for the proposed
project. All required materials for the sketch plan conference shall
be submitted to the Code Enforcement Officer at least 14 days prior
to the regularly scheduled Planning Board meeting and forwarded to
the Planning Board members at least seven days prior to the regularly
scheduled meeting in order to be placed on the monthly agenda for
consideration by the Board. At the sketch plan conference, the applicant
shall provide a written statement and/or a rough sketch describing
what is proposed, including an indication of all existing structures
and uses, if any, on the site. The Planning Board shall use the sketch
plan conference as an opportunity to advise the applicant of the information
to be required on the site plan and in accompanying reports. The Planning
Board shall additionally employ the conference as an opportunity to
discuss with the applicant the extent of the SEQR review process required
for the application.
[1]
The sketch plan shall be clearly designated as such and shall
identify all existing and proposed (see www.chautauquagis.com or Zoning
Maps for some information):
[a]
Zoning classification and required setbacks.
[b]
Lot lines.
[c]
Land features, including environmentally sensitive
features.
[d]
Land use(s).
[e]
Utilities.
[f]
Development, including buildings, pavement and
other improvements, including setbacks.
[g]
Location and nature of all existing easements,
deed restrictions and other encumbrances.
[2]
Sketch plans shall be drawn to scale.
[3]
It is the responsibility of the applicant to provide a sketch
plan that depicts a reasoned and viable proposal for development of
the lot.
[4]
The Planning Board, upon review of the sketch plan, may waive
requirements for application materials for developments for which,
due to character, size, location or special circumstances, such information
is not required in order for the Planning Board to properly perform
site plan review.
[5]
Planning Board members may suggest modifications to, but shall
not approve or disapprove, the sketch plan. Comments made by individual
Board members during sketch plan review shall not be interpreted as
constituting approval or disapproval by the Board, nor shall they
be interpreted to limit the scope of any subsequent review or approval
of a derivative plan.
(b)
Application for major site plan approval. If a sketch plan conference
is held, within 90 calendar days of the sketch plan conference, a
complete application for site plan approval shall be made in writing
to the Planning Board. The application shall be accompanied by not
less than eight prints of the proposed site plan (or as many additional
prints as may be required for circulation purposes under SEQR) and
one electronic file of the proposed site plan, in a form usable by
the Village. Site plans shall be provided on a drawing certified by
a licensed civil engineer, registered landscape architect, registered
architect or other licensed design professionals, as may be necessary
to comply with the professional licensing regulations administered
by the New York State Education Department. Such plans shall be submitted
at least 14 days prior to a scheduled regular meeting of the Planning
Board and shall include information drawn from the following checklist
of items, as determined necessary by the Planning Board at the time
of the sketch plan conference:
[1]
A site plan drawn at a scale of 100 feet to one inch or larger
showing the following information:
[a]
Legal data.
[i]
Title of drawing, including name and address of
applicant and person(s) responsible for preparation of such drawing;
[ii]
North arrow, scale and date;
[iii]
An area map keyed to the real property Tax Maps,
showing the parcel under consideration for site plan review, and all
properties, subdivisions, streets, power lines and easements within
500 feet of the boundaries thereof;
[iv]
Accurate boundaries of the property plotted to
scale, including reference to specific data sources;
[v]
The locations, names and existing widths of adjacent
streets/roads, rights-of-way and curblines;
[vi]
The locations and owners of all adjoining lands
as shown on the latest tax records and Tax Map identification numbers.
[b]
Natural features.
[i]
Existing contours with intervals of 20 feet or
less, including the source of the information.
[ii]
Approximate boundaries of any areas subject to
flooding or stormwater overflows.
[iii]
The location of existing watercourses, New York
State and federal wetlands, wooded areas, rock outcrops, isolated
trees with a diameter of eight inches or more measured at breast height
above the base of the trunk and other significant existing natural
features.
[iv]
Land exceeding a slope of 15%.
[v]
FEMA special flood hazard zone boundaries and designations,
including the flood hazard zone, Community Panel Number and the effective
date as shown.
[vi]
Soils classification mapping from "Soils Survey
of Chautauqua County" data (available at Chautauqua County Soil and
Water Conservation District).
[c]
Existing structures and utilities and other features.
[i]
The location of uses and outlines of all existing
structures, drawn to scale.
[ii]
Paved areas, sidewalks and vehicular access between
the site and public Streets.
[iii]
Traffic flow patterns within the site, entrances
and exits, loading and unloading areas, curb cuts on the site and
within 100 feet of the site.
[iv]
Locations, dimensions, grades and flow direction
of existing sewers, drainage ditches, culverts and water lines, as
well as other underground and aboveground utilities within and adjacent
to the property.
[v]
Other existing development, including fences, retaining
walls, landscaping and screening.
[d]
Proposed development.
[i]
The location, type of construction and exterior
dimensions of proposed buildings or structural improvements. [NOTE:
Elevations and/or sections illustrating front, rear and side profiles
drawn to the same or larger scale as the site development plan may
be required by the Planning Board. The elevations and/or sections
shall clearly delineate the bulk and height of all buildings and other
permanent structures included in the proposal.]
[ii]
The location and design of all uses not requiring
structures, such as off-street parking and loading areas and the location
of any outdoor storage, if applicable.
[iii]
The location, direction, power and time of use
for any proposed outdoor lighting.
[iv]
The location, size and design for all proposed
permanent outdoor signs.
[v]
The location and arrangement of proposed means
of access and egress, including sidewalks and other pedestrian access,
driveways, fire lanes and other emergency zones or other paved areas;
and profiles indicating grading and cross sections showing width of
roadway, location and width of sidewalks and location and size of
water and sewer lines. For commercial and industrial structures, identify
the amount of gross floor area proposed for retail sales, services,
offices and other uses.
[vi]
Any proposed screening and other landscaping,
including types and locations of proposed street trees, as well as
a planting schedule. Landscaping layout should attempt to dissuade
the unnecessary clearing and disturbing of land so as to preserve
the natural and existing growth of flora and to replace removed flora
or plant new flora indigenous to the Western New York region. It also
should attempt to reduce noise and the glare of vehicular lights;
provide unpaved areas for the absorption of surface waters; provide
shade; relieve the blighted appearance of parking areas; and generally
provide for an attractive, harmonious environment.
[vii]
The description of the water supply system, location
of well(s) and/or all proposed water lines, valves and hydrants and
of all sewer lines and alternate means of water supply and sewage
disposal and treatment.
[viii]
An outline of any proposed easements, deed restrictions
or covenants and provisions for homeowner's associations and
common ownership, if applicable.
[ix]
Any contemplated public improvements on or adjoining
the property.
[x]
Any proposed new grades, indicating clearly how
such grades will meet existing grades of adjacent properties on the
street.
[xi]
A drainage plan showing existing and proposed
watercourses, proposed detention/retention facilities and calculations
of the impact to existing drainage created by the proposed development.
[NOTE: Contour intervals of one or two feet may be appropriate for
grading and drainage plans.]
[xii]
Location of outdoor storage and waste receptacles
and proposed screening for such.
[xiii]
Location and construction materials of all existing
or proposed site improvements, including drains, culverts, retaining
walls and fences.
[xiv]
Location, design and construction materials of
all energy-generation and distribution facilities, including wind,
electrical, gas and solar energy.
[xv]
If the site plan indicates only a first stage,
a supplementary plan shall indicate ultimate development.
[xvi]
The percentage of open space provided and the
location and development of all proposed buffer areas, including indication
of proposed vegetative cover.
[xvii]
Any setbacks or other dimensional information
required by this article.
[xviii]
Record of applications and approval status
of all necessary permits from federal, state, county and local agencies.
[xix]
Estimated project construction schedule.
[xx]
Estimate of the total cost of proposed site improvements
which shall be confirmed by the Code Enforcement Officer or Village
Engineer.
[xxi]
Estimate of total cumulative area of disturbance
in square feet.
[xxii]
Provision for pedestrian access.
[xxiii]
Location of fire and other emergency zones,
including the location of fire hydrants.
[xxiv]
Identification of the location and amount of
building area proposed for retail sales or similar commercial activity.
[e]
Additional information.
[2]
Required fees and supporting materials. An application for site plan review and approval shall not be considered complete until accompanied by the applicable fee and escrow deposit, in accordance with the fee schedule established and annually reviewed by the Village Board, and the supporting materials described below as well as any additional documents required by § 210-67.
[a]
Supporting materials. The following materials shall
be submitted:
[i]
A copy of the deed to the property as most recently
filed and/or a copy of the executed contract of sale.
[ii]
A copy of each covenant, easement or deed restriction
in effect or intended to cover all or part of the tract.
[iii]
Written offers of easement to the Village of
Celoron or other public agencies for purposes of stormwater drainage,
utility rights-of-way, etc.
[iv]
Identification of all necessary permits from federal,
state, county or local agencies, approvals required from said agencies
for the project's execution, and proof of special use permit
and/or variance approvals if applicable.
[v]
As applicable, soil logs from on-site borings or
test pits, percolation test results, and stormwater runoff calculations.
[vi]
Plans to prevent the pollution of surface or groundwater;
erosion of soil both during and after construction; excessive runoff;
excessive raising or lowering of the water table; and flooding of
other properties.
[3]
Environmental assessment form. A complete application for site
plan review and approval shall also be accompanied by a short or full
EAF as required by SEQR. To avoid delay, applicants are advised to
familiarize themselves with the New York State SEQR requirements for
environmental assessment, to determine whether their proposed project
meets the thresholds for a Type 1 action and therefore requires that
a full EAF be submitted to accompany the application for site plan
approval.
(c)
Planning Board review of major site plan.
[1]
Factors for consideration during site plan review. The Planning
Board' review of a site plan shall include, but is not limited
to, the following considerations:
[a]
Adequacy and arrangement of vehicular traffic access
and circulation, including intersections, road widths, channelization
structures and traffic controls.
[b]
Adequacy and arrangement of pedestrian traffic
access and circulation, including separation of pedestrians from vehicular
traffic, sidewalks, linkages, control of intersections with vehicular
traffic and pedestrian convenience.
[c]
Location, arrangement, appearance and sufficiency
of off-street parking and Loading areas.
[d]
Location, arrangement, size, design and general
site compatibility of buildings, lighting and signs.
[e]
Adequacy, type and arrangement of trees, shrubs
and other landscaping constituting a visual and/or noise-deterring
buffer between the proposed use and adjoining uses or properties.
[f]
In the case of an apartment complex or multiple
dwellings, the adequacy of usable open space for playgrounds and informal
recreation.
[g]
Adequacy of stormwater management facilities.
[h]
Protection of adjacent properties from noise, glare,
unsightliness or other objectionable features.
[i]
Adequacy of water supply and sewage disposal facilities.
[j]
Overall impact on the neighborhood, including compatibility
of design and effect on the environment.
[k]
Adequacy of fire lanes and other emergency zones
and the provision of fire hydrants.
[2]
Site plan design criteria. The Planning Board, in reviewing
site plans, shall consider the standards set forth below:
[a]
All buildings in the plan shall be integrated with
each other and with adjacent buildings and shall have convenient access
to and from adjacent uses.
[b]
Individual buildings shall be related to each other
and to structures in the surrounding area in architecture, design
mass, materials, placement and connections to harmonize visually and
physically.
[c]
Treatment of the sides and rear of all buildings,
where appropriate, shall be comparable in amenity and appearance to
the treatment given to street frontages of these same buildings.
[d]
The design of buildings and the parking facilities
shall take advantage of the natural topography of the project site,
where appropriate. Not less than 5% of the interior parking area designed
for 10 or more motor vehicles shall be developed to the minimum landscape
area requirements.
[e]
All buildings shall be accessible to emergency
vehicles.
[f]
Landscaping shall be an integral part of the entire
project area and shall buffer the site from and/or integrate the site
with the surrounding area, as appropriate. A minimum ground area of
not less than 12% of the total site area shall be landscaped.
[g]
Primary landscape treatment shall consist of shrubs,
ground cover and shade trees and shall combine with appropriate walks,
walls and street surfaces to provide an attractive development pattern.
Landscape materials selected should be appropriate to the growing
conditions of the Village's environment. All deciduous trees
planted shall have a minimum caliper of 2 1/2 inches, measured
six inches above the ground. All conifer trees shall have a minimum
height of five feet above finished grade.
[h]
Whenever appropriate, existing trees shall be conserved
and integrated into the landscape design plan.
[i]
There shall be an adequate, safe and convenient
arrangement of pedestrian circulation facilities, roadways, driveways,
off-street parking and loading space.
[j]
Roads, pedestrian walks and open space shall be
designed as integral parts of an overall site design, be properly
related to existing and proposed buildings and be appropriately landscaped.
[k]
Buildings and vehicular circulation areas shall
be arranged so that pedestrians moving between buildings are not unnecessarily
exposed to vehicular traffic.
[l]
Site illumination. All permanent exterior site
lighting, entrance lighting, security lighting and aesthetic feature
lighting shall be designed in accordance with the following criteria:
[i]
Illumination of parking facilities.
[A]
Where provided, the illumination for parking and
drive areas shall emit a minimum of one footcandle and a maximum of
two footcandles on the parking surface, with an average uniformity
ratio of 3:1.
[B]
"Sharp cut-off" fixtures shall be utilized for
the perimeter lighting fixtures so as to emit no more than 0.5 footcandle
of washover onto neighboring properties and shall be directed so as
to avoid causing a hazard to motorists and pedestrians.
[C]
The photometrics and light distribution characteristics
of the proposed fixtures shall be furnished to the Code Enforcement
Officer, if requested.
[D]
Other than facilities operating 24 hours per day,
parking lot and site lighting shall be controlled to reduce the illumination
thereof by 50% at 11:00 p.m. and to be shut off 1/2 hour after the
close of business. For facilities operating 24 hours per day, parking
lot and site lighting shall be controlled to reduce the illumination
thereof by 50% from 11:00 p.m. until dawn.
[ii]
Building exterior lighting (other than security
lighting).
[A]
The illumination of building exteriors, including
entrances, shall not exceed five footcandles on the surface to which
such lighting is directed.
[B]
Sharp cut-off fixtures shall be utilized for building
exterior lighting so as to emit no more than 0.5 footcandle of washover
onto neighboring properties and shall be directed so as avoid causing
a hazard to motorists and pedestrians.
[C]
Other than facilities operating 24 hours per day,
exterior building lighting shall be controlled to reduce the illumination
thereof by 50% at 11:00 p.m. and to be shut off one 1/2 hour after
the close of business. For facilities operating 24 hours per day,
such lighting shall be controlled to reduce the illumination thereof
by 50% from 11:00 p.m. until dawn.
[iii]
Exterior building security lighting.
[A]
Building security lighting shall not exceed 0.75
of one footcandle at a distance of 20 feet from the building.
[B]
Sharp cut-off fixtures shall be utilized for building
security lighting so as to emit no more than 0.5 footcandle of washover
onto neighboring properties and shall be directed so as to avoid causing
a hazard to motorists and pedestrians.
[m]
Parking facilities shall be landscaped and screened
from public view to the extent necessary to eliminate unsightliness
and monotony of parked cars.
[n]
Parking facilities shall utilize low-impact and
on-site stormwater techniques where feasible, and be designed with
regard for orderly management, topography, landscaping and ease of
access and shall be developed as an integral part of an overall site
design.
[o]
Any above-grade loading facility shall be screened
from public view to the extent necessary to eliminate unsightliness.
[p]
Off-street parking and loading requirements required
in this chapter shall be satisfied.
[q]
Drainage of the site and surface waters flowing
there from shall utilize natural drainage pathways where feasible
and in the best public interest; shall not adversely affect adjacent
properties or public roadways; and shall strive to not increase runoff
downstream from the project site.
[s]
All landscaped areas required and/or provided in
the sketch plan shall be maintained and preserved according to the
plans as originally approved by the Planning Board or as subsequently
approved for any modification by said body.
[3]
Referral to other agencies and boards. The Planning Board may
refer the site plan for review and comment to local and county officials
or their designated consultants, in addition to representatives of
State agencies including, but not limited to the Soil and Water Conservation
District, the New York State Department of Transportation, the State
Department of Environmental Conservation and the State Department
of Health.
[4]
Required referral. Prior to taking final action on the site
plan, and where applicable, the Planning Board shall refer the plan
to the Chautauqua County Planning Board for its review and approval,
pursuant to § 239-m of the General Municipal Law.
[5]
Public hearing. The Planning Board shall conduct a public hearing
on the application for a major site plan approval. The public hearing
shall be conducted within 62 calendar days of the receipt of the complete
application and shall be advertised in the official newspaper of the
Village at least five calendar days before the public hearing.
[6]
Waiver of requirements. The Planning Board may waive any specific requirements set forth in § 210-67D(3)(a) of this chapter for the approval, approval with modifications or disapproval of a major site plan submitted for approval. The grant of any such waiver shall be accompanied by a finding that compliance with the requirement is either not requisite in the interest of the public health, safety and general welfare or inappropriate to the particular site plan.
(d)
Planning Board action on major site plan. Within 62 days of
the close of a public hearing, the Planning Board shall act on the
major site plan application. The time period in which the Planning
Board must act on the major site plan can be extended by mutual consent
of the applicant and the Planning Board.
[1]
Action by resolution.
[a]
The Planning Board shall act by resolution to approve,
approve with modifications, or disapprove the site plan application.
A copy of the resolution shall be filed in the Village Clerk's
Office and mailed to the applicant within five business days of the
Planning Board's actions. A resolution of either approval or
approval with modifications shall include authorization to the Planning
Board Chairman to stamp and sign the site plan upon the applicant's
compliance with the submission requirements stated therein.
[b]
If the Planning Board's resolution includes
a requirement that modifications be incorporated in the site plan,
conformance with said modifications shall be considered a condition
of approval. If the site plan is disapproved, the Planning Board's
resolution shall state specific reasons for such decision. In such
a case, the Planning Board may recommend further study, or modification,
of the site plan and resubmission to the Planning Board after it has
been revised or redesigned.
[2]
Submission requirements for stamping. After receiving site plan
approval, with or without modifications, from the Planning Board,
the applicant shall within six calendar months submit a minimum of
eight prints and one electronic file to the Planning Board for stamping
and signature by the Chairman. The site plan submitted for stamping
shall conform strictly to the site plan approved by the Planning Board
except that it shall further incorporate any revisions or other modifications
required by the Planning Board and shall be accompanied by the following
additional information:
[a]
Record of application for and approval status of
all necessary permits from federal, state and county officials.
[b]
An estimated project construction schedule and
if a performance guarantee is to be provided by the applicant for
all or some portion of the work, a detailed site improvements cost
estimate.
[3]
Effect of stamping by Planning Board. Upon stamping and signature
by the Chairman, the Planning Board shall forward a copy of the approved
site plan to the Code Enforcement Officer and the applicant. The Code
Enforcement Officer may then issue a building permit or certificate
of occupancy if the project conforms to all other applicable requirements.
[4]
Expiration of approval. Planning Board approval of a site plan
shall expire either of the following circumstances occurs:
[a]
The site plan is not submitted for stamping and
signature to the Chairman within 180 calendar days of the Planning
Board' resolution of Site plan approval, with or without modifications.
[b]
A complete application for either a building permit
or certificate of occupancy is not submitted to the Code Enforcement
Officer within 180 calendar days of the stamping and signing of the
Site plan by the Chairman.
[i]
Upon prior written request to the Planning Board, the time period
for either submission of the site plan or submission of the complete
application for a building permit or certificate of occupancy may
be extended for a maximum period of 180 calendar days from its otherwise
specified termination date.
E.
Reimbursable costs. Reasonable costs incurred by the Planning Board
for private consultation fees or other extraordinary expense in connection
with the review of a proposed site plan shall be charged to the applicant.
Such reimbursable costs shall be in addition to the fee required with
the application for site plan review herein.
F.
Guaranty of site improvements.
(1)
General. Subsequent to the granting of site plan approval, no certificate
of occupancy shall be issued until all improvements shown on the site
plan are installed or a sufficient performance guaranty has been provided
by the applicant for improvements not yet completed.
(2)
Performance guaranty options. In order that the Village has the assurance
that the construction and installation of such improvements as storm
sewers, water supply, sewage disposal, sidewalks, parking and access
roads will be constructed in accordance with Village standards and/or
any site plan approval modifications, the Planning Board may require
that the applicant enter into one of the following agreements with
the Village:
(a)
Furnish bond executed by a surety company (licensed in New York
State) equal to the cost of construction of such improvements as shown
on the plans. Such bond shall be based on an estimate furnished by
the applicant, confirmed by the Code Enforcement Officer or Village
Engineer and approved by the Planning Board.
(b)
Deposit a certified check in sufficient amount up to the total
cost of construction of such improvements as shown on the site plan.
(c)
Provide the Village with a letter of credit that is of sufficient
amount to cover up to 110% of the total cost of improvements as shown
on the site plan.
(3)
Conditions.
(a)
The performance guaranty shall be to the Village and shall provide
that the applicant, his/her heirs, successors, assigns or his/her
agent will comply with all applicable terms, conditions, provisions
and requirements of this article and will faithfully perform and complete
the work of constructing and installing such facilities or improvements
in accordance with the approved site plan.
(b)
Any such bond shall require the approval of the Village Board
in consultation with the Village Attorney as to form, sufficiency
manner of execution and surety.
(c)
Certified checks shall be made payable to the Village of Celoron
and will be placed in an escrow account established by the Village
for this purpose.
(d)
Letters of credit shall require the approval of the Village
Board in consultation with the Village Attorney as to form, sufficiency,
and manner of execution and shall be duly notarized.
(4)
Extension of time. The construction or installation of any improvements or facilities (except for improvements or facilities related to stormwater management and erosion and sediment control as required by § 210-51 of this chapter), other than roads, for which a guaranty has been made by the applicant in the form of a bond or certified check deposit, shall be completed within one year from the date of approval of the site plan. Road improvements shall be completed and approved by the Village Highway Superintendent within two years from the date of approval of the site plan, during which time they will be maintained in a manner consistent with the provisions of § 210-51 of this chapter. The applicant may request that the Planning Board grant him or her an extension of time to complete such improvements, provided that the applicant can show reasonable cause for inability to complete said improvements within the required time. The extension shall not exceed six months, at the end of which time the Village may use as much of the bond or check deposit to construct the improvements as necessary. The Planning Board may also grant the applicant an extension of time whenever construction of improvements is not performed in accordance with applicable standards and specifications.
(5)
Schedule of improvements. When a certified check or performance bond
is issued pursuant to the preceding subsections, the Village and applicant
shall enter into a written agreement itemizing the schedule of improvements
in sequence with the cost opposite each phase of construction or installation,
provided that each cost as listed may be repaid to the applicant upon
completion and approval after inspection of such improvement or installation.
However, 10% of the check deposit or performance bond shall not be
repaid to the applicant until one year following the completion and
inspection by the Village of all construction and installation covered
by the check deposit or performance bond.
(6)
Inspections. Inspections during the installation of improvements
shall be made by the Code Enforcement Officer to ensure conformity
with the approved plans and specifications as contained in the contract
and this article. The applicant shall notify the Code Enforcement
Officer when each phase of improvements is ready for inspection. Upon
acceptance, final completion of installation and improvement, the
Planning Board shall issue a letter to the applicant or his/her representative
that provides sufficient evidence for the release by the Village of
the portion of the performance bond or certified deposit as designated
in the contract to cover the cost of such completed work.
(7)
Phased development. The Planning Board may further request, subject
to Village Board approval, that the applicant deposit a separate performance
bond or certified check for each phase of development proposed. In
this event, 10% of the check deposit or performance bond shall be
withheld from the applicant until 60 days following the completion,
inspection and acceptance by the Village of all construction and installation
covered by such deposit. No subsequent phase of development shall
be undertaken until each earlier phase has been completed and approved
by the Code Enforcement Officer.
[Added 8-24-2009 by L.L. No. 2-2009]
A.
The Village Board of Trustees shall have authority to issue special
use permits pursuant to the provisions set forth below.
B.
General provisions. The special uses listed in this chapter for which
conformance to additional standards are required shall be deemed to
be permitted uses in their respective districts, subject to the satisfaction
of the requirements and standards set forth herein, in addition to
all requirements of this chapter. All such uses are hereby declared
to possess characteristics of such unique and special forms that each
specific use shall be considered as an individual case.
C.
Standards. The location and size of the use, the nature and intensity
of the operations involved, the size of the site in relation to it,
and the location of the site with respect to the existing or future
streets giving access to it, shall be such that it will be in harmony
with the orderly development of the district and the location, nature
and height of buildings, walls and fences will not discourage the
appropriate development and use of adjacent land and buildings or
impair the value thereof. Operations in connection with any special
use shall not be more objectionable to nearby properties by reason
of noise, fumes, vibrations, or lights than would be the operations
of any permitted use.
D.
Conditions. In the granting of special use permits, the Village Board shall attach such conditions and safeguards, as it deems appropriate under this chapter. Section 210-27, Development conditions, will be referred to and used as a checklist of possible conditions to be attached to the special use permit being requested. It should not be assumed that this section is all-inclusive. A plan for the proposed development of site for designated special use shall be submitted with an application for special use permit, and plan shall show the location of all buildings, lots, parking areas, traffic access and circulation drives, open spaces, landscaping, and any other pertinent information that the Planning Board deems necessary.
E.
Procedures. The Village Board shall act in strict accordance with
procedure specified by law and by this chapter with regard to public
hearings, notices, publications, etc. The Village Board shall conduct
a public hearing within 62 days from the day an application is received
on any matter referred to it for a special use permit. The authorized
Board shall decide upon the application within 62 days after the hearing.
The time within which the authorized Board must render its decision
may be extended by mutual consent of the applicant and the Board.
The decision of the Board on the application after the holding of
the public hearing shall be filed in the Office of the Village Clerk
within five business days after such decision is rendered, and a copy
thereof mailed to the applicant. At least 10 days before such hearing,
the Board shall mail notices thereof to the applicant and the County
Planning Board or Agency or Regional Planning Council, as required
by § 239-M of the General Municipal Law, which notice shall
be accompanied by a full statement of such proposed action, as defined
in Subdivision 1 of § 239-M of the General Municipal Law.
F.
Existing violations. No special use permit shall be issued for a
property where there is an existing violation of this chapter.
[Added 8-24-2009 by L.L. No. 2-2009]
