[Amended 5-14-2013 by L.L. No. 3-2013]
Pursuant to authority delegated in accordance
with Village Law Article 7 of the State of New York, the Village Board
hereby authorizes the Village Planning Board to review and approve,
approve with modifications or disapprove site plans. Before starting
development of structures or uses specified for site plan review,
the applicant shall submit a site plan, together with any supporting
data, for review and approval in accordance with the standards and
procedure set forth in this chapter and applicable administrative
regulations. No permit shall be issued by the enforcement officer
except upon authorization by the Village Planning Board. The Planning
Board shall review the proposed use in accordance with the procedures
outlined herein and then applicability to the respective standards
found in this chapter.
[Amended 5-14-2013 by L.L. No. 3-2013]
A.
Applications for all permitted uses, buildings and other structures
and all uses permitted as special exceptions shall be subject to site
plan review and approval in accordance with the standards and procedures
set forth in this chapter, except the following:
(1)
Construction of one- or two-family dwellings and ordinary accessory
structures and related land use activities with the exception of boathouses
and related structures.
(2)
Landscaping or grading which is not intended to be used in connection
with a land use reviewable under the provisions of this chapter.
(3)
Ordinary repair or maintenance of existing structures or uses.
(4)
Exterior alterations or additions to existing one- or two-family
structures which would not increase the square footage of the existing
structure by more than 25%.
(5)
Nonstructural structures.
(6)
Signs under 10 square feet.
B.
Any person uncertain of the applicability of this chapter to a given
land use activity may apply, in writing, to the Planning Board for
a written jurisdictional determination.
C.
No permit or certificate of occupancy shall be issued by the Zoning
Officer except upon authorization by and in conformity with an approved
site plan.
A.
Application for site plan review shall be made on
a form prescribed by the Planning Board. This form shall contain reasonable
information necessary to make a qualified review and determination
of the use, such as the applicant's name and address, district classification
of the proposed use/area, property boundary lines, map scale or measurements,
dimensions and placement of streets and walkways (showing circulation
patterns), description of the proposed use, use plotted with dimensions
of the use and distance to features of lot (i.e., property line, streams,
etc.), list of other permits required, utility standards, drainage
facilities, construction materials, location and type of signs, proposed
landscaping, population density, construction schedule, type of outdoor
lighting and placement, height of structures, location of fences/walls
and other features that may be required by the Village Planning Board
to ensure a complete review of the project.
B.
The applicant may request a presubmission conference
with the Village Planning Board prior to formal application submittal.
This conference can be used to discuss site plan review procedure/criteria
and other land use matters. The Planning Board shall honor this request
and convene such a conference.
C.
Once a completed application has been formally received,
the Village Planning Board shall have a maximum of 120 days (from
the date of receipt) to review and approve, approve with conditions
or disapprove the proposal. If no decision has been rendered by the
Board within that time, the action will be deemed approved.
D.
Within 60 days from the application receipt by the
Planning Board a public hearing shall be held on the proposal to entertain
public comment. A five-day advance public notice of the hearing shall
be published in the official newspaper.
E.
The final decision by the Village Planning Board must
be made in writing, specifying any conditions that may be attached
to an approval, the reasons that the Board approved or denied the
proposal and the motions/vote by Board members. All decisions shall
be filed in the office of the Village Clerk, who shall mail a copy
to the applicant.
F.
The Village Planning Board may attach additional conditions
to the proposed development, provided that they are in keeping with
the intent of these procedural regulations and the site plan review
standards found in this chapter, when applicable.
G.
The Village Planning Board shall refer all site plan
review matters that fall within those areas specified under General
Municipal Law Article 12-B, § 239-m, to the County Planning
Board prior to the Village Planning Board vote thereon.
H.
The Village Planning Board may require performance
bonds to be contracted with the Village Board to cover the development
impact on Village public improvement costs, local inspections, bond
approval and other Village liabilities incurred. The amounts of guaranties
shall be set by a licensed engineer or architect retained by the Village.
[Amended 7-26-1994 by L.L. No. 5-1996]
Following is a list of performance site plan review criteria
against which the quality of the development proposal must be assessed.
The Planning Board may specify certain standards in line with these
criteria with which the applicant must comply. Board shall not be
limited to reviewing and setting criteria only in the following areas.
A.
Adequacy and arrangement of safe vehicular traffic access and circulation,
including intersections, road widths, curb cuts, channelization structures
and traffic controls. Such facilities must be constructed to Village
specifications and standards.
B.
Adequacy and arrangement of pedestrian traffic access and circulation,
including separation of pedestrian from vehicular traffic, walkway
structures, control of intersections with vehicular traffic and pedestrian
convenience. This shall also include specifications and standards
to which such facilities shall be constructed.
C.
Location, arrangement, appearance and sufficiency of off-street parking and loading to meet the proposed uses. Certification may be required by using the off-street parking and loading requirements found in § 150-76 as a guide.
D.
Location, arrangement, size and design of buildings, lighting and
signs.
E.
Landscaping and screening (i.e., plantings, fences, etc.) may be
required by the Planning Board to reduce the visual impact on neighboring
properties and roads or to reduce/eliminate other unfavorable characteristics
of the proposed use.
F.
Adequacy and quality of water supply, stormwater drainageways, sanitary
waste disposal facilities and other utilities that will serve the
site. The applicant shall assure that all water and sewer connections
and installations are made in a timely fashion and prior to project
approval and operation. Such connections and installations shall be
made according to specifications of the Village.
G.
Adequacy of structures, roadways and landscaping in areas with moderate
to high susceptibility to flooding, ponding and/or erosion. Construction
specifications may be required.
H.
Protection of adjacent properties against noise, glare, unsightliness
or other objectionable features from conflicting uses.
I.
Conformance with other specific intents of this chapter.
J.
All uses subject to site plan review must conform to the dimensional
requirements outlined in this chapter.
K.
Open space may be required for recreation, circulation and other
reasons. The area shall be of sufficient size to accommodate these
purposes in relation to the residential and nonresidential uses. Access
to such areas will be considered. Such areas may be publicly or privately
owned.
L.
Adequacy in preserving the scenic historical and cultural attributes
of the site. The integrity of existing historic sites or structures
on the National Register of Historic Places shall not be endangered
by the development.
M.
Architectural design compatibility with surrounding areas.
N.
The proposed use, either in operation or construction, shall not
cause erosion or drainage problems. The Village Engineer may specify
conditions to alleviate such situations.
O.
In making its decision, the Village Planning Board may also consider
the capability of local Fire Departments to provide adequate protection
to the project.
P.
The Planning Board shall also consider the project's compatibility
and consistency with the Village of Alexandria Bay and Town of Alexandria's
Local Waterfront Revitalization Plan, with specific attention to its
Waterfront Revitalization Policies.
Commercial and industrial uses shall meet the
following site plan review criteria, in addition to the appropriate
criteria listed above.
B.
Such uses shall not produce high volumes of polluting
wastes.
C.
Any manufacturing, fabricating or servicing related
to the operation must take place within a building designed to accommodate
the use.
D.
Materials used the manufacturing, fabricating or servicing
operation may be stored outside the building accommodating the use,
provided that they shall be arranged in a neat and orderly fashion
and shall be enclosed by a fence at least five feet in height so as
to prohibit unauthorized entrance by children and individuals. The
outside storage area shall not be larger than the square footage of
the first floor of the building used to house the operation.
E.
The use shall be set back a sufficient distance from
neighboring residential property to reduce any possible land use conflicts,
traffic problems, noise, dust, odors, unsightliness or other unhealthy/objectionable
conditions. The Board may also impose various screening techniques
(i.e., plantings, fences, etc.) of such character that alleviates
or reduces these conditions.
F.
The use shall not produce exterior noise levels that
are detrimental to off-street residential areas. Such levels shall
not exceed 90 db at off-lot locations.
Following is a more specified list of particular
criteria. The particular criteria associated with respective uses
must be complied with, in addition to the appropriate criteria previously
listed in this article.
A.
Traffic access. All on-site access roads shall be
composed of all-weather materials and shall be built to Village highway
standards. The interior roadways shall enter or exit onto state, county
or local highways only with the permission of those respective Highway
Departments. Such entrances or exits shall not be closer than 50 feet
to street corners. Visibility on interior roadways or at exits and
entrances shall not be impeded so as to cause unsafe traffic conditions
as determined by the Village.
B.
Circulation and parking. The interior circulation
system shall not be congested and shall allow the concurrent flow
of entering and existing traffic. As stated above, the surface shall
be of all-weather material, as specified by the Village highway standards.
There shall be two parking spaces for each dwelling unit. All units
shall have ready access to the interior roadways and parking spaces.
No interior public roadway shall be closer than 10 feet to any building.
C.
Arrangement of buildings. Adequate provision shall
be made for light, air, access and privacy in the arrangement of the
buildings to each other. Each dwelling unit shall have a minimum of
two exterior exposures.
D.
Proper landscaping. Within one month of such constructions
or at least by September 1, the bare grounds must be seeded. Where
construction takes place later than this date or it is impractical
to seed, the site shall be mulched to reduce erosion until seeding
can take place. Where adjacent land use districts or uses are of a
commercial, industrial or business nature, the Board may require that
proper screening and buffer zones be required to reduce noise, dust
and disturbances.
E.
Zoning certificate of occupancy. No zoning certificate
of occupancy shall be issued for any such building or buildings unless
the proposed use conforms in all respects to the site plan and the
conditions stated herein. The ZEO shall inspect the property to ensure
compliance with the plans and conditions stated prior to issuing the
zoning certificate of occupancy.
G.
Recreation space. There shall be provided on the site
of such a use an area or areas devoted to the joint recreational use
of the residents thereof. Such recreation space shall consist of an
area not less than 25% of the total living space of all dwelling units
served. Part or all of such space shall be in the form of developed
recreation areas to be usable for active recreation purposes.
H.
Drainage. Drainageways on the lots and at the interior
public roadsides shall be constructed so as to handle the capacity
flows at any given time. The Soil Conservation Service or the respective
Highway Department may be contacted to provide technical assistance
on the size of the drainageway or culverts therein.
I.
Lighting. Exterior lighting shall be adequate to promote
safety in the parking areas and on lots adjacent to the multiple dwelling.
J.
Each dwelling unit shall have at least 300 square
feet of interior floor space.
A.
Traffic access. Roads adequate in grade, width, alignment,
visibility and property related to other nearby traffic circulation
considerations to meet Village standards shall be provided.
B.
Off-street parking. There shall be provided on the site of such development an area or areas devoted to the parking of automobiles. The required number of off-street parking spaces shall be determined from the Off-Street Parking Schedule, § 150-76.
C.
Exterior lighting and signs. Illuminated signs and
other exterior lighting shall be directed away or shielded from adjacent
residential properties in such a manner as not to disturb the occupants
thereof.
D.
Proper landscaping. Where adjacent land use is residential
in nature and within 50 feet of the property line, buffer zones shall
be required to eliminate visibility, noise and dust from the use.
The area shall be seeded before September 1 or, if this is impossible,
mulched until seeding can take place.
E.
Open space. A minimum of 25% of the site shall be
developed as open space. Parking areas and vehicle access facilities
shall not be considered in calculating open space.
A.
An applicant who proposes to construct a mobile home
park shall state that he, as agent or owner, shall be responsible
for the proper maintenance and upkeep of the proposed park and shall
furnish the following information as part of the site plan review
application:
(1)
Boundaries of plot areas.
(2)
Entrances, exits, walkways and parking areas.
(3)
Mobile home sites or lots.
(4)
Method and plan of garbage disposal.
(5)
Electric lighting.
(6)
Owner's and operator's name and address.
(7)
Compliance with New York State Health Department regulations.
(8)
On-lot drainage proposals.
B.
A mobile home park must meet the following criteria:
(1)
A mobile home park shall have an area of not less
than two acres, and no mobile home or service building shall be closer
to a street line than 45 feet or other property line than 20 feet.
(2)
The park shall be located on a well-drained site,
properly graded to ensure rapid drainage and free from stagnant pools
of water.
(3)
The park shall have an adequate entrance road at least
20 feet wide. The roadway shall be constructed of all-weather materials.
(4)
Individual mobile home lots shall have an area of
not less than 5,000 square feet with a minimum width of 50 feet and
a minimum depth of 100 feet.
(5)
The total number of mobile home lots shall not exceed
seven per gross acre.
(6)
Side and rear property lines shall be densely planted
with trees and shrubs or buffered appropriately, as determined by
the Planning Board.
(7)
Mobile home parks which accommodate 25 or more mobile
homes shall provide at least one recreation area consisting of at
least 10% of the gross site area of the mobile home park. Part or
all of such space shall be in the form of developed recreation areas
to be usable for active recreation purposes.
(8)
Refuse shall be disposed of in a manner acceptable
to the Village and to the New York State Health Department or other
appropriate state agency. There shall be no on-lot exposed garbage,
junk or other wastes.
(9)
A mobile home shall be so placed on each lot such
that it shall be a distance of at least 20 feet from any other mobile
home in such park.
(10)
Each mobile home park shall provide weatherproof
electric service connections and outlets for each lot.
(11)
Lighting shall be provided along park roadways
and walkways to ensure safety for residents.
(12)
The entire park shall be landscaped to ensure
a sightly appearance. Individual lots shall be graded and seeded.
They shall be mowed on a regular basis.
(13)
All mobile homes or modular homes located in
the park shall be placed on concrete pads or solid concrete/block
foundation.
A proposed shopping center development shall
be in accordance with a unified site plan and architectural scheme.
A site plan proposal showing layout of center, occupancy commitments,
parking, drainage, utilities, landscaping, walkways and other similar
features shall be provided by the applicant.
C.
The Village Planning Board shall determine the appropriate
setback distance from adjacent residential property lines based upon
such conditions as traffic, noise, odor, dust and other environmental
characteristics of the use. The Board may require screening (i.e.,
plantings, fences, etc.) of such nature as to reduce or eliminate
such unfavorable characteristics.
D.
Access patterns (both on-lot and exiting/entering
onto the public thoroughfares) shall not cause safety hazards. The
Planning Board shall review and approve such plans.
A.
The location, design, noise and operation of such
facility shall not adversely affect the character of any nearby residential
area.
B.
Adequate fences, barriers and other safety devices
shall be provided around such new uses at a height of at least six
feet.
C.
Such new uses shall be set back at least 150 feet
from the nearest residential lot line. This shall not apply to existing
uses or additions thereon.
A.
Such areas shall be located at least 200 feet from
the nearest residential lot line.
B.
Such areas shall be enclosed by a fence at least six
feet tall and of sufficient design to keep out the public.
C.
The recommendations of the local Fire Department having
jurisdiction shall also be considered prior to approval of such a
use.
A.
Such uses may not be located within 1,000 feet, measured
from lot line to lot line, of churches, schools, parks, playing fields
or other areas in which groups of minors regularly congregate.
B.
Uses shall not be located within 1,000 feet of any
residential lot line.
C.
Such uses shall not be located within a radius of
1,000 feet of another such use.
D.
One exterior sign that meets the sign requirement
for the district within the use is located will be allowed. However,
said sign shall not depict lewd or obscene objects or activity or
utilize lewd or obscene language.
E.
All building openings, entries, windows, doors, etc.,
shall be located, covered or screened in such a manner as to prevent
a view into the interior from any public or semipublic place.
A.
Off-street loading requirements.
(1)
In all districts except the Business District, in
connection with every building or building group or part thereof having
a gross floor area of 4,000 square feet or more which is to be occupied
by a new manufacturing use similarly requiring the receipt or distribution
by vehicles of material or merchandise, there shall be provided and
maintained, on the same lot with such building, off-street loading
berths or unloading berths as follows:
|
Gross Floor Area
(square feet)
|
Number of Berths Required
|
|---|---|
|
4,000 to 25,000
|
1
|
|
25,001 to 40,000
|
2
|
|
40,001 to 60,000
|
3
|
|
For each additional 50,000
|
1
|
(2)
The loading berth required in each instance shall
be not less than 12 feet in width, 25 feet in length and 14 feet in
height and may occupy all or any part of any required yard. Such space
may also be a part of a required parking area.
B.
Uses in all districts except the Business (B) District
shall meet the following off-street parking requirements.
|
Use
|
Number of Spaces Required
|
|---|---|
|
Churches or synagogues
|
1 for each 3.5 seats
|
|
Community buildings and social halls and places
of public and private assembly
|
1 for each 200 square feet of floor area or
1 for each 3.5 seats, whichever is greater
|
|
Motels, resorts and boarding and rooming houses
|
1 for each sleeping room or dwelling unit
|
|
Industrial operations
|
1 for each employee in the maximum working shift
|
|
Restaurants, bars, nightclubs and recreation
facilities
|
1 for each 50 square feet of patron space
|
|
Retail stores, store groups, shops, small commercial
establishments and business uses
|
1 space for each 200 square feet of floor space,
plus 1 for each employee
|
|
Wholesale establishments or warehouses
|
1 for each employee in maximum shift
|
|
Offices, general
|
1 for each employee
|
|
Doctor or dentist offices
|
10 for each office
|
|
Home occupations
|
Minimum of 3 spaces
|
|
Dwellings and mobile homes
|
2 for each dwelling unit
|
|
Roadside stands
|
Minimum of 3 spaces
|
C.
All parking lots shall be landscaped between the road
or sidewalk and the parking lot itself. Such landscaping shall include
trees or shrubs to break up the visual impact of the concrete (gravel,
etc.).
[Added 7-26-1994 by L.L. No. 5-1994]
D.
The Planning Board may require that a buffer of thick
brush, shrubs or evergreens be used to separate a parking lot from
residential properties. A fence with landscaping may also be used
to mitigate conflicts between parking lots and residential property.
[Added 7-26-1994 by L.L. No. 5-1994]
A.
All construction on any shoreline lot shall be carried
out in such manner as to minimize interference with the natural course
of such waterway, to avoid erosion of the shoreline, to minimize increased
runoff of ground- and surface water into the waterway, to remove only
that vegetation which is necessary to the accomplishment of the project
and to generally maintain the existing aesthetic and ecological character
of the shoreline.
B.
No on-site sewage tile field or seepage pit shall
be located within 100 feet of any shoreline, and no septic or other
holding tank shall be located within 50 feet of the water body.
C.
Any boat pump-out or other connection to provide for
the accommodation of sanitary wastes shall be connected to an adequate
disposal system.
D.
Any marina, boat service facility or any storage of
petroleum products within 100 feet or reasonable setback, as determined
necessary by the Planning Board, of the shoreline shall include adequate
provisions for ensuring that any leak, rupture or spill will be contained
and not be introduced into or affect the adjacent waterway. In particular,
a raised earthen or paved berm or dyke may be required to be constructed
in such manner so as to afford adequate protection.
E.
Any paved or otherwise improved parking, loading or
service area within 100 feet of any shoreline shall be designed and
constructed so as to minimize surface runoff and the entrance of any
chemical pollutants or earthen siltation into the waterway.
F.
The design shall include landscaped green space or
buffers to mitigate or minimize the adverse visual impact on the waterfront
and to assist in the protection of the waterways from runoff and erosion.
The Planning Board may stipulate the use of trees, evergreens, shrubs,
fencing, etc., as required, based on the size, location and impact
potential of the proposed project.
[Added 7-26-1994 by L.L. No. 5-1994]
A.
Site plan. An applicant shall be required to submit a site plan in accordance with Article XII of this chapter. The site plan shall show all existing and proposed structures and improvements, including roads, buildings, tower(s), guy wires and anchors, parking and landscaping, and shall include grading plans for new facilities and roads.
B.
Supporting documentation. The Planning Board and the Zoning Board of Appeals shall require that the site plan include a complete visual environmental assessment form (EAF) and documentation on the proposed intent and capacity of use as well as a justification for the height of any tower and justification for any clearing required. The Planning Board and the Zoning Board of Appeals may require submittal of a more detailed visual analysis based on the result of the visual EAF in addressing this subsection and Subsections J and K below. The Board shall also require a copy of the certificate of need from the Public Service Commission.
C.
Shared use of existing tower. At all times, shared
use of existing towers shall be preferred to the construction of new
towers. An applicant shall be required to present an adequate report
inventorying existing towers within a reasonable distance of the proposed
site and outlining opportunities for shared use of existing facilities
as an alternative to a proposed new tower.
(1)
An applicant proposing to share use of an existing
tower shall be required to document intent from an existing tower
owner to allow shared use.
(2)
The Board shall consider a new telecommunications
tower where the applicant demonstrates that shared usage of an existing
tower is impractical. The applicant shall be required to submit a
report demonstrating good-faith efforts to secure shared use from
existing towers as well as documentation of the physical and/or financial
reasons why shared usage is not practical. Written requests and responses
for shared use shall be provided.
D.
Shared usage of site with new tower. Where shared usage of an existing tower is found to be impractical, the applicant shall investigate shared usage of an existing tower site for its ability to accommodate a new tower and accessory uses. Documentation and conditions shall be in accordance with Subsection C(1) and (2) above. Any new telecommunications tower approved for an existing tower site shall be subject to the standards of Subsections F through N below.
E.
New tower at new location. The Board shall consider
a new telecommunications tower on a site not previously developed
with an existing tower when the applicant demonstrates that shared
usage of an existing tower site is impractical and submits a report
demonstrating good-faith efforts to secure shared use from existing
towers as well as documentation of the physical and/or financial reasons
why shared usage is not practical. (Written requests and responses
for shared use shall be provided.) Information regarding the required
need for the new telecommunications tower shall be required in the
form of empirical data illustrating said need.
F.
Future shared usage of new towers. The applicant must
examine the feasibility of designing a proposed telecommunications
tower to accommodate future demand for reception and transmitting
facilities. The scope of this analysis shall be determined by the
Board. This requirement may be waived, provided that the applicant
demonstrates that provisions of future usage of the facility is not
feasible and an unnecessary burden, based upon:
(1)
The number of Federal Communications Commission (FCC)
licenses foreseeably available for the area.
(2)
The kind of tower site and structure proposed.
(3)
The number of existing and potential licenses without
tower spaces.
(4)
Available spaces on existing and approved towers.
(5)
Potential adverse visual impact by a tower designed
for shared usage.
G.
Lot size and setbacks for new towers. All proposed
telecommunications towers and accessory structures shall be located
on a single parcel and set back from abutting residential parcels,
public property or street lines a distance sufficient to contain on-site
substantially all ice-fall or debris from tower failure and preserve
the privacy of the adjoining residential properties.
(1)
Lot size of parcels containing a tower shall be determined
by the amount of land required to meet the setback requirements; if
the land is to be leased the entire lot required shall be leased from
a single parcel.
(2)
All tower bases shall be located at a minimum setback
from any property line at a minimum distance equal to 1 1/2 times
the height of the tower.
(3)
Accessory structures shall comply with the minimum
setback requirements in the underlying zoning district.
H.
visual impact assessment. The Board shall require
the applicant to undertake a visual impact assessment of any proposed
new towers or any proposed modification of an existing tower to include:
(1)
A Zone of Visibility Map, provided in order to determine
locations where the tower may be seen.
(2)
Pictorial representations of before-and-after views
from the key viewpoints both inside and outside of the Town, including
but not limited to state highways and other major roads and state
and local parks.
(3)
Assessment of alternative tower designs and color
schemes.
(4)
Assessment of the visual impact of the tower base,
accessory buildings and overhead utility lines from abutting properties
and streets.
I.
New tower design. Alternate designs shall be considered
for new towers, including lattice and single-pole structures. The
design of a proposed new tower shall comply with the following:
(1)
All towers shall be of a self-supporting design which
shall not require the installation of guy wires.
(2)
Unless specifically required by other regulations,
all towers shall have a neutral, earth tone or similar painted finish
that shall minimize the degree of visual impact.
(3)
The maximum height of any new tower, or any tower
in existence intended to be used as a telecommunications tower, shall
not exceed that which shall permit operation without artificial lighting
of any kind or nature in accordance with municipal, state and/or federal
law and/or regulation.
(4)
Any new tower shall have the minimum height needed
to provide future shared usage, but artificial lighting of any kind
shall be prohibited.
(5)
The Board may request a review of the application
by a qualified engineer for evaluation of need for and design of any
new tower.
(6)
Accessory facilities shall maximize the use of building
materials, colors and textures designed to blend with the natural
surroundings.
(7)
No portion of any tower or related structure shall
be used for a sign or other advertising purpose, including but not
limited to company name, phone numbers, banners, streamers, etc.
J.
Existing vegetation. Existing on-site vegetation shall
be preserved to the maximum extent possible, and no cutting of trees
exceeding four inches in diameter (measured at a height of four feet
off the ground) shall take place prior to the approval of the special
permit.
K.
Screening. Deciduous or evergreen tree plantings may
be required to screen portions of the tower and accessory structures
from nearby residential property as well as from public sites known
to include important views or vistas. Where a site abuts a residential
property or public property, including streets, screening shall be
required.
L.
Access. Adequate emergency and service access shall
be provided. Maximum use of existing roads, public or private, shall
be made. Road construction shall, at all times, minimize grounds disturbance
and vegetation cutting to within the toe of fill, the top of cuts
or no more than 10 feet beyond the edge of the pavement. Road grades
shall closely follow natural contours to assure minimal visual disturbance
and reduce soil erosion potential.
M.
Parking. A minimum of three parking spaces shall be
provided. No parking spaces shall be located in any required yard.
N.
Fencing. Sites of proposed new towers and sites where
modifications to existing towers are proposed shall be adequately
enclosed by a fence, the design of which shall be approved by the
Board, unless the applicant demonstrates to the Board that such measures
are unnecessary to ensure the security of the facility.
O.
Removal. Obsolete or unused towers and related structures
shall be removed from any site within four months of discontinuance
of use.
P.
Maintenance and/or performance bond. The Board, at
its sole discretion, may require the applicant and/or owner to establish,
prior to approval of any application, a maintenance and/or performance
bond in an amount sufficient to cover the installation, maintenance
and/or construction of said tower during its lifetime. The amount
required shall be determined at the sole discretion of the Board,
based upon the unique characteristics of the tower and site. The applicant
and/or owner shall cooperate with the Board in supplying all necessary
construction and maintenance data to the Board prior to approval of
any application. Cost estimates shall be reviewed by the Town Engineer.
[Added 4-29-2016 by L.L.
No. 1-2016; amended 6-13-2017 by L.L. No. 4-2017]
A.
Standards.
(1)
Permitted structures. All waterside structures such as docks, piers,
boat stations and boathouses, whether temporary or permanent, require
a permit as determined in this article of the Village of Alexandria
Zoning Code.
(a)
Waterside structure for residential use. A permit shall be issued by the Zoning Enforcement Officer for construction of all seasonal or permanent docks, piers, boat hoists, boat stations, boathouses or other waterside structures intended for private residential use in association with a residential waterfront parcel. Such permits shall be provided pursuant to Subsections A and B herein.
(b)
Site plan approval for waterside structure for nonresidential use. All seasonal and permanent docks, piers, boat hoists, boat accessory structures, boat stations, boathouses, marinas or other waterside structures for nonresidential use, used in association with a nonresidential waterfront parcel shall require site plan approval from the Village Planning Board pursuant to Subsection B herein.
(2)
Mooring buoys. Permanent mooring buoys shall not be allowed for residential
or commercial uses on the St. Lawrence River or connected bays.
(3)
Standards for all waterside structures. A seasonal or permanent waterside
structure such as a dock, pier, boat station, or boathouse located
within the water rights line of any waterfront property shall be constructed
in conformance with the standards set forth below. These standards
are in addition to the New York State Department of Environmental
Conservation, the New York State Office of General Services, New York
State Department of State and Coast Guard regulations.
(b)
All waterside structures shall be constructed of materials capable
of maintaining position and location, supporting pedestrian traffic
and resisting reasonable lateral loads resulting from wind, wave,
ice and other potential impact forces.
(c)
Where appropriate, construction of structures shall include
guardrails, handrails, and lighting.
(d)
Dock and pier surfaces shall be parallel to the water surface
except for a gangway from the shoreline onto/or between such dock
or pier.
(e)
All waterside structures shall be constructed, where possible,
in a manner that permits the free circulation of water, reduces the
effects of fluctuating water levels and prevents adverse modification
of the shoreline. Maintaining the natural form with native vegetation
along the shoreline is preferred whenever practicable.
(f)
The use of fingers, such as T- or L- or U-shaped appendages,
is permitted as additional configurations from the main walkway of
the dock to form boat slip spaces, provided the design is contained
within the property owner's water rights line and does not interfere
with neighboring navigation rights.
(g)
When two or more boat slips are constructed, they shall be separated
by a minimum of four feet.
(h)
A boat accessory structure shall not exceed 120 square feet
and 15 feet in height measured from the mean high-water level and
are not permitted on the waterside of the mean high-water mark. Boat
accessory structures shall not be used as a dwelling, sleeping, lodging
or boarding place.
(i)
One seasonal boat hoist structure is permitted for each boat
slip. Boat hoist structures may have a pitched roof. The sides shall
not be enclosed and the maximum height shall be 15 feet.
(j)
Up to two boat slips are allowed per boat station. A single-story
boat station shall not exceed a height of 30 feet above the mean high-water
level and the sides shall not be enclosed. A roof is permitted. Boat
stations shall not be used as a dwelling, sleeping, lodging or boarding
place.
(k)
All waterside structures such as docks, piers, and boathouses,
except for icebreakers, shall be set back a minimum of 10 feet from
all water rights lines. No portion of a dock extending over the water
shall be higher than five feet above the mean high-water level. No
part of the dock, or associated structures and equipment, shall extend
beyond a line that is 150 feet out from the mean high water mark along
the shoreline. Information regarding the method of determining water
rights lines is available from the office of the Zoning Enforcement
Officer.
(l)
Icebreakers shall be placed in such a manner that they will
be contained within the water rights line of the parcel. Any seasonal
waterside structure or vessel tied to it shall be contained within
the water rights line of the parcel.
(m)
All boathouses are limited to a maximum of two boat slips. All
boathouses shall be covered by a roof. A single-story boathouse shall
not exceed 33 feet in height above the mean high-water level and a
two-story boathouse shall not exceed 35 feet in height above the mean
high-water level. A boathouse shall not exceed 30% of the total shoreline
frontage, but shall not be smaller than 15 feet wide.
(4)
Allowed dockage for residential use. For the purposes of this section,
width is measured parallel to the mean high-water mark; length is
measured perpendicular to the mean high-water mark. The main body
of the dock shall not exceed a maximum width of eight feet and a maximum
length of 150 feet as measured from the mean high-water mark.
(5)
Allowed docking facilities for nonresidential use. The allowed size
of docking facilities for nonresidential uses will be determined during
site plan review, and no docking facility shall interrupt the safe
navigation of vessels through the St. Lawrence River and connected
bays.
(6)
Seasonal or temporary structures. All seasonal or temporary waterside structures, such as docks, piers, and boat stations, must follow the setback requirements stated in Subsection A(3)(k) herein and must fit within water rights lines. Seasonal docks, piers, and boat stations are included in the total number of allowable docks. Preexisting seasonal docks or other waterside structures for residential use must conform to these regulations within two years of adoption of this law. All seasonal docks, piers, and boat stations require a seasonal building permit. Seasonal building permits can be obtained from the Village Zoning Enforcement Officer.
(7)
Repair or removal. All waterside structures that fall into disrepair
must be repaired or removed within one year from the date cited as
a hazard by the Zoning Enforcement Officer. A permit is not required
for repairs to an existing dock, if such repairs do not alter the
dock's size or shape. All repairs or renovations which cost more than
50% of the structure's value and are undertaken one year after the
date of verification must comply with the standards and provisions
set forth herein. All additions or expansions require a permit and
must comply with the standards set forth herein.
(8)
Steep slopes adjacent to shoreline. For purposes of this subsection,
a steep slope is defined as 30° (or 57% slope) or greater as measured
from the horizontal, for a vertical height of 12 feet or more, commencing
within 10 feet of the mean high-water mark.
(a)
Residential waterfront parcels with steep slopes which are restricted
as to placement of their docking facilities may apply for a conditional
use permit for docking facilities from the Zoning Board of Appeals,
and only one boat accessory structure and one boathouse.
(b)
If any or all of the boat accessory structure is located on
the waterside of the mean high-water mark, such area of the boat accessory
structure is to be included in the total square feet allowance. Boat
accessory structures located on the landside of the mean high-water
mark are subject to local planning and zoning regulations.
(c)
The boat accessory structure, boathouse, and additional dock
space shall be constructed adjacent to or as close to the steep slope
as possible.
(9)
State and federal review. All construction activities are subject
to state and federal review by the following agencies as applicable
and as required by law: the New York State Department of Environmental
Conservation; the New York State Office of Parks, Recreation and Historic
Preservation; the New York State Office of General Services; the New
York State Department of State; and the United States Army Corps of
Engineers. It is the responsibility of the property owner to obtain
any and all state and federal permits as may be required.
B.
Permit and site plan approval requirements.
(1)
Permanent residential waterside structure permits. To ensure compliance with this local law, a waterside structure permit must be obtained from the Zoning Enforcement Officer prior to any new construction or renovation, addition, or replacement of an existing permanent waterside structure for residential use. The Village Zoning Enforcement Officer shall issue a waterside structure permit upon proof that all criteria and standards set forth in Subsection A(3)(k) have been met. An application for such a permit can be obtained from the Village Clerk. The Zoning Enforcement Officer's determination of denial of a permit can be appealed by the applicant to the Zoning Board of Appeals pursuant to the procedures set forth in Article VI of the Zoning Code.
(2)
Seasonal residential waterside structure permits. To ensure that
the placement, construction and placement of a seasonal dock is in
full compliance with the provisions of this local law, a seasonal
waterside structure permit, issued by the Zoning Enforcement Officer,
is required prior to installation of such a structure. Such permits
must be renewed every three years.
(3)
Site plan review and certificate of compliance. Site plan approval and a certificate of compliance are required for the new construction or renovation of or addition to all nonresidential permanent waterside structures, such as docks, boathouses, and marinas. Only the adjacent upland owner or their agent is eligible to submit a site plan application for site plan review in compliance with Article XII of the Village of Alexandria Bay Zoning Code prior to the start of construction. After site plan approval is obtained, a certificate of compliance must be obtained from Zoning Enforcement Officer prior to use of the waterside structure. A certificate of compliance shall be issued after inspection and determination by the Zoning Enforcement Officer that the applicant followed all stipulated conditions as indicated on the approved site plan and supporting documentation.
(a)
Required statements. The application for site plan approval
shall include the following statements:
[1]
I hereby certify that all owners, lessees, occupants, easement
holders, and any other persons or entities with a legal or beneficial
interest in any existing or proposed docking facility, or other waterside
structure related to this property, have been notified of this application.
Notification must be proven by applicant.
[2]
The standards set forth in this Docking Facilities Local Law
are applicable to all parties who have a property interest in the
parcel. The applicant is advised that failure to notify any party
with a property interest in the parcel may affect any rights granted
as a result of this application and process.
(b)
Site plan submission requirements. An application for site plan approval shall follow the same submission requirements as set forth in Article XII of the Village Zoning Code. A site plan application shall contain the information listed below in addition to the requirements set forth in Article XII of the Village Zoning Code:
[1]
A site plan drawn to scale with a description of the existing
and proposed new structures.
[2]
Name, address, parcel boundaries, tax map number of the adjacent
upland parcel.
[3]
The linear feet of shore.
[4]
The specific location of all adjacent water rights lines.
[5]
Location of the mean high-water mark.
[6]
The mean high-water tie line.
[7]
Water depths.
[8]
The dimensions of all new and existing structures.
[9]
The pitch of all rooflines.
[10]
Materials and paint color for all roofing and
siding.
[11]
Docking material and paint color.
[12]
Number of proposed boat slips.
[13]
Identification of all equipment to be located
on top of any docks, piers, or other waterside structures.
[14]
Proposed layout of all new structures and the
location of all existing structures within 300 feet of the proposed
new structure in or near the water or on adjacent properties.
[15]
Any other features determined to be relative by
the Zoning Enforcement Officer or the Planning Board.
(c)
Site plan review criteria. The following criteria shall be used
by the Planning Board in determining the appropriateness of all proposed
new or altered docking facilities, or other waterside structures:
[1]
The construction of waterside structures shall be undertaken
in such a way as not to impair water quality, cause harm to fish or
fish spawning grounds, cause problems of erosion or sedimentation,
create hazards for navigation, or otherwise threaten public health
or safety.
[2]
Waterside structures shall be constructed only of sturdy, durable
and stable materials capable of maintaining position and location,
supporting pedestrian traffic and resisting reasonable lateral loads
resulting from wind, wave, ice and other potential impact forces.
[3]
Waterside structures shall be constructed, where possible, in
a manner that permits the free circulation of water, reduces the effects
of fluctuating water levels and prevents adverse modification of the
shoreline. Maintaining the natural form with native vegetation along
the shoreline is preferred whenever practicable.
[4]
The amount of grading, filling, earth moving, and disturbance
of land above the mean high-water mark during the construction of
such facilities shall be minimized.
[5]
The visual impact of such facilities shall be minimized.
[6]
The impact of the proposed facility shall be within keeping
with the character of the surrounding commercial and/or residential
neighborhood.
[7]
Adequate pumping facilities for waste disposal will be provided
when deemed appropriate.
[8]
The width and length of any docks or other waterside structure
shall not impair navigational access through the St. Lawrence River.
