[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.
[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.
A. Such uses shall meet the off-street parking and loading requirements of §
150-76.
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 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.
A. Off-street parking shall meet the requirements outlined in §
150-76.
B. Off-street loading and unloading space shall be provided in addition to the space required by Subsection
A above and meet the requirements outlined in §
150-76.
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.
[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.
(a)
All waterside structures shall, at all times, be maintained in safe and sound condition. (See Village of Alexandria Bay Zoning, Chapter
150, Articles
VII to XIA.)
(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.
[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.