The purpose of this district is to provide a
means of developing land areas within the community considered appropriate
for residential, recreational, commercial or industrial use or a combination
of these uses in a compatible and economical manner by a single developer
while ensuring the public health, safety, welfare, comfort and convenience
of the public in general and of the occupants of the immediate neighborhood
to the maximum extent possible.
C.
Planned Unit Development (PUD), limited to the following
specified purposes after site plan review:
(1)
Any combination of uses permitted in the PRD and PCD
Districts.
E.
Physical standards.
(1)
Residential standards.
(a)
District area minimum: two acres.
(b)
Area minimum per dwelling unit: as per previous
district requirements.
(c)
Required setback. No building shall be closer
than 50 feet to any other building, and no building shall be closer
than 60 feet to any boundary line of the district. Setback from any
street shall be as per previous district requirement.
(d)
Lot coverage maximum: as per previous district
requirement.
F.
Review process. The Planned Development District application
and review process shall be as follows (before the formal review process
begins, the applicant shall meet with the Planning Board for an informal
preliminary conference to discuss the complete review process):
(1)
Application for the establishment of Planned Development
Districts.
(a)
Application for creation of a Planned Residential,
Planned Commercial, Planned Industrial or Planned Unit Development
District may be made by any party with legitimate interest in the
parcel(s) of land in question. Ownership or holding a bona fide purchase
offer shall be considered a legitimate interest.
(b)
Preliminary application (the applicant shall
provide 17 complete copies, including all maps, drawings and any text)
for creation of a new district shall be made to the Village Clerk.
The Village Clerk shall, within five working days, compare the preliminary
application with the list of required submissions given below and
refer the preliminary application to the Village Planning Commission
if complete or shall return it if deemed incomplete. The Village Clerk
may confer with the Chairperson of the Planning Commission and other
Village officials in making the determination of completeness. The
Clerk's determination shall not preclude the Planning Commission or
Village Board from requiring additional information from the developer.
The Village Clerk shall make any required referrals and notifications
necessary pursuant to state law, including NYCRR Part 617 (the state
environmental quality review) and § 239-m of the General
Municipal Law.
(c)
The Planning Commission shall review such preliminary application. The Planning Commission may require such changes as are found to be necessary to meet the requirements of this chapter, to protect the established permitted uses in the vicinity and to promote the orderly growth and sound development of the Village. In evaluating the proposal and in reaching its determination regarding the preliminary application, the Planning Commission shall consider and make findings regarding those considerations set forth under Subsection F(3), Applicable considerations. The Planning Commission shall have the right to hold a public hearing on the proposal and may hold such a hearing in conjunction with the Village Board. The Planning Commission shall meet and may recommend approval, disapproval or approval with modifications. Such decision shall be reached within 45 days of referral by the Village Clerk.
(d)
Following the decision by the Planning Commission, the developer shall have the right to withdraw and to resubmit the application. Such resubmittal shall be considered a final application and shall be referred by the Village Clerk as provided by Subsection F(1)(b) above. Should the developer choose, the unmodified application may stand as the final application. As in Subsection F(1)(c) above, the Planning Commission shall reach a decision on a final application within 45 days of referral by the Village Clerk.
(e)
The Planning Commission shall forward any final
application to the Village Board, together with a report of any public
hearing it may have held and a report of its action, within five days
of its action.
(f)
The Board of Trustees shall hold a public hearing
on the Zoning Map amendment to create a Planned Development District
and consider thereat the report and recommendations of the Planning
Commission and all other comments, reviews and statements pertaining
thereto. The Board of Trustees may amend the Zoning Map to establish
and define the type and boundaries of a Planned Development District,
and in so doing may state specific conditions, in addition to those
provided by this section, further defining the nature or design of
development. Should the Board of Trustees wish to act contrary to
any recommendation for disapproval or approval with modifications
made by the Village Planning Commission or any such recommendation
made by the County Planning Board under § 239-m of the General
Municipal Law, it may do so only with a majority plus one vote of
its full, authorized membership of five.
(2)
For the approval of development within an established
Planned Development District:
(a)
Amendment of the Zoning Map shall not constitute
authorization for development within the district.
(b)
For such authorization, after a Planned Development District has been established, the applicant shall submit to the Planning Commission such plans and specifications, supporting documents and data as required under final plan as set forth under § 300-31D(2), required submissions for a final plan and such further documentation as may be required by the Commission. The Planning Commission shall make its decision regarding development within 45 days of submission of the final plan as approved by the Village Board. This decision by the Planning Commission shall constitute site plan review as provided in § 300-31.
(c)
All conditions imposed by the Board of Trustees
in its amendment of the Zoning Map and all subsequent conditions required
by the Planning Commission during the site plan review shall not lapse
or be waived as a result of any change in tenancy or ownership of
any or all of the designated district.
(d)
If construction of the development in accordance
with the approved plans and specifications has not been conclusively
initiated within one year after the date of approval of the site plan,
all permits shall become null and void, the approval shall be deemed
revoked and vacated and the Board of Trustees shall amend the map
to restore the zoning designation for the district to that which it
had been prior to the application.
(3)
Applicable considerations. The Planning Commission
shall, in its review and recommendation, and the Board of Trustees
shall, in making its determination, make written findings that the
plans and facts submitted establish that:
(a)
The proposal is consistent with the latest official
Village Master Plan and as such plan may be subsequently amended,
together with the regulations and the purposes of the Planned Development
District process.
(b)
The proposal is consistent with the established
character and adjoining uses of the neighborhood and will provide
all reasonable safeguards for the protection of this character and
property values.
(c)
The proposal will be so located as to be efficiently
served by the trafficways, water supply, sewage disposal, stormwater
drainage, refuse collection, school and fire and police protection
systems.
(d)
The proposal provides adequately for the movement
of vehicular traffic according to the following:
(e)
The proposal provides adequately for all on-site
utilities, including water, sanitary and storm sewer, electric, gas
and telephone services.
(f)
The proposed locations of principal and accessory
buildings on the site in relation to that site, to one another and
to adjoining uses are satisfactory.
(g)
The proposed types of construction, building
facade and bulk and height of all structures are appropriate to their
function and to structures in the adjoining neighborhoods.
(h)
The proposal provides for such open space, recreation
areas, buffer areas and pedestrian access and circulation as appropriate
to the proposed uses.
(i)
The proposal includes appropriate provisions
for signing, lighting, fencing and landscaping.
(4)
Required submissions. Plans and data to be submitted
in accord with the procedure as outlined above shall be prepared by
an engineer or architect licensed by the State of New York and shall
be as follows unless specifically waived by the Planning Commission
and Board of Trustees:
(a)
Preliminary plan shall include the following:
a site plan with 17 copies, at a preferred scale of one inch equals
40 feet, to include:
[1]
Title, scale, North arrow and date.
[2]
Property boundaries and Tax Map number of the
parcel and all adjoining parcels and the ownership of same.
[3]
Existing site characteristics, including soils,
drainage, vegetation and topography (two-foot contours).
[4]
Existing and proposed land use on and within
100 yards of the parcel.
[5]
Lot layout or building arrangement, existing
and proposed.
[6]
Street layout, including right-of-way and improved
surface widths.
[7]
Location of utilities on and adjacent to the
tract and proposed connection thereto, including water supply, sewage
disposal, electric, telephone and other service facilities and solid
waste disposal.
[8]
Location, dimension and purpose of any easement
and the owner(s) thereof.
[9]
Location, dimension and description of land
or facilities to be dedicated or reserved for public use.
[10]
Preliminary drawings for buildings to be constructed,
including floor plans, exterior elevations and sections.
[11]
Off-street parking and service areas proposed.
[12]
Landscaping and site amenities proposed, including
trees to be removed which exceed four inches in diameter three feet
off the ground.
[13]
Total acreage of tract.
[14]
Proposed timetable or stage for sale or development.
[15]
Type of project, i.e., sale of lots, buildings,
condominiums, etc.
[16]
Proposed number of lots, typical lot size or
building arrangement.
[17]
Signs, including type, location and size, lighting
and content.
[18]
Names and addresses of owner(s) and developer.
(b)
Final plan shall include the following: a site
plan with 17 copies, scale to be the same as for the preliminary plan,
showing the following:
[1]
Tract boundary lines, right-of-way lines, easements
and individual lot lines with accurate dimensions, bearings, radii,
arcs and central angles of all curves and the location and description
of all monuments.
[2]
Reference to adjoining platted land or names
of owners of record of unplatted lands.
[3]
Typical cross sections of streets, including
pavement, shoulders, ditches and walks, and cross sections of drainage
easements, as necessary.
[4]
Profiles of street center lines showing vertical
curve data, slopes of tangents and elevations of street intersections
and other critical points.
[5]
Utilities plans for water, gas and electric
services, as applicable.
[6]
Profiles of storm and sanitary sewers, if any,
showing diameter of pipe and distance between manholes.
[7]
Final drawings for buildings to be constructed,
including floor plans, exterior elevations and sections, including
sufficient data to assure that applicable provisions of New York State
Uniform Fire Prevention and Building Code shall be complied with.
[8]
Landscaping, lighting and all site improvements,
including grading plan.
(c)
Accompanying development data shall be as is
appropriate to the project, including:
[1]
Application and required fee, if any.
[2]
Certification of title showing that applicant
is the landowner or possesses a signed purchase agreement.
[3]
Certification by licensed land surveyor of survey
and plat accuracy.
[4]
Protective covenants in form for recording,
including covenants governing the maintenance of unceded public space
or reservations.
[5]
Offers of cession to dedicate streets, easements,
open space and other facilities.
[6]
Endorsement and approval by the State Health
Department, where applicable, of sewer and water facility drawings
and proposals.
[7]
Copies of agreement showing the manner in which
areas reserved by the developer are to be maintained.
[8]
Such performance bond or other acceptable guaranty
to cover the full cost of improvements proposed to be dedicated to
the Village as may be deemed necessary by the Board of Trustees.
[9]
Any other data as may be required for the administration
and enforcement of this section.
(d)
As-built drawings shall be required as follows:
Construction drawings for underground installations or any facility
or improvement to be offered for dedication to the Village will be
filed upon completion of same. No performance bond or other guaranty
shall be released or certificate of compliance issued until satisfactory
as-built drawings have been filed with and approved by the Board of
Trustees.
A.
The purpose of this district is to protect special
and/or unique natural areas of the Village, including both public
and private lands.
B.
This district shall include:
[Amended 5-7-1991 by L.L. No. 2-1991]
(1)
All lands publicly and privately owned which are located
south of the Grasse River between the Main Street and Parker Avenue
bridges and within the Federal Emergency Management Agency's one-hundred-year
flood hazard boundary areas, but not to exceed 175 feet from the river
bank.
[Amended 7-16-1991 by L.L. No. 6-1991]
(2)
All lands with a slope of 15%.
(3)
All Village lands used as parks or recreation areas.
C.
No land shall be used, no fill added and no change
in the natural grade shall be made unless a permit has been authorized
by the Village Planning Commission.
D.
Permitted uses: parking, outdoor recreation, including
but not limited to temporary seasonal nonpermanent docks, playgrounds
and parks, picnic areas, tennis courts, walkways, ballparks and fishing
access areas.
E.
Site plan review shall be required for all uses in
this district.
[Added 8-21-2018 by L.L.
No. 7-2018]
A.
Findings and purpose. The Village of Massena finds that the integrity
of site and architectural design features within its downtown core
area is a critical part of the lifeblood to long-term community and
economic development. Therefore, the Village defined a set of site
and architectural design standards intended to:
(1)
Enhance the aesthetics of the downtown core area of the Village;
(2)
Guide the design of future development and improvements to existing
structures within the downtown core; and
(3)
Improve the public realm to create a positive pedestrian experience,
enhance the area's image, and generate long-term economic growth.
It is the purpose of this section to establish a set of requirements
and recommendations for renovation and development projects within
the Downtown Overlay District.
B.
Boundaries. The boundaries of the Downtown Overlay District are shown
on the official Zoning Map for the Village of Massena and are on file
in the office of the Village Clerk.
C.
Applicability. The Downtown Overlay District is a designation in
addition to the existing zoning districts. The base zoning districts
provide requirements regarding permitted and conditionally permitted
land uses, development standards, and regulations.
D.
Projects subject to compliance within Downtown Overlay District.
Principal projects subject to compliance with the Downtown Overlay
District are identified below.
(1)
New construction: any new construction or addition to an existing
structure that alters the exterior appearance of a building or site.
Internal tenant improvements are not subject to compliance with this
chapter.
(2)
Exterior modification of an existing structure: any exterior
modification of an existing structure, including but not limited to
facade renovation, new and/or additional windows and doors, and roof-
or ground-mounted mechanical equipment.
(3)
Modification to site layout: any modification to site layout
or site improvements, including but not limited to parking, walls
and fencing, circulation, landscaping, accessory structures, or trash
enclosures.
(4)
Signage: installation of new signage or replacement of signs.
(5)
Relocation of an existing structure.
(6)
Erection of a fence or wall.
(7)
Erection or alteration of a canopy or awning.
(8)
Changes to exterior lighting and utilities.
(9)
Parking facilities.
E.
Exemptions from Downtown Overlay District requirements. The Village
Zoning Board of Appeals may approve a variance from the Downtown Overlay
District requirements for a project; however, it is contrary to the
intent of this section to circumvent the need for compliance with
the Downtown Overlay District requirements.
F.
Downtown Overlay District standards.
(1)
The Village of Massena design standards for the Downtown Overlay
District document,[1] adopted by the Village Board on August 21, 2018, by Resolution
32-2018 and as may be amended thereafter, shall be used as an appendix
to this section, as an official listing of requirements for the Downtown
Overlay District.
[1]
Said document is on file in the Village offices.
(2)
Ordinary maintenance and repair. Nothing in this section shall
be construed to prevent the ordinary maintenance or repair of any
existing exterior architectural feature on any property in the Downtown
Overlay District that does not involve a change in design, material,
or exterior appearance.
G.
Effective date. This section shall take effect immediately upon filing
with the Secretary of State.
