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HomeMy WebLinkAboutPages from 11.01.2010 VCH ARTICLES.pdfVillage of Cayuga Heights Articles Page 58 upon appeals, to vary or modify the application of any of the regulations or provisions of this ordinance so that the spirit of the ordinance shall be observed and public safety and welfare secured and substantial justice done. In addition to the legal requirement for publication, the Board of Appeals at least ten days before public hearing, shall notify by mail the owners of property within two hundred (200) feet of the boundaries of the property subject to appeal. The appellant shall pay for the advertising and notice as required in connection with hearings, and for that purpose the Board of Trustees shall establish a fee. SECTION 22. VIOLATIONS AND PENALTIES In addition to the remedies provided by Sec. 93 and 197(c) of the Village Law of the State of New York, failure to comply with this ordinance shall constitute a violation as defined in the Penal Law of the State of New York, and any offender shall be punished in accordance therewith, and each day’s violation shall constitute a separate offense. SECTION 23. VALIDITY The invalidity of any section or provision of this ordinance shall not invalidate any other section or provision thereof. SECTION 24. PLANNING BOARD, ESTABLISHMENT OF I. Purpose The purpose of this local law is to establish a Planning Board for the Village of Cayuga Heights, Tompkins County, New York. II. Board of Trustees Empowered to Act As Planning Board The Board of Trustees of the Village of Cayuga Heights, consisting of six members, and the Mayor of the Village of Cayuga Heights together shall constitute and be empowered to act as Planning Board for the Village of Cayuga Heights. All seven members of the Planning Board shall be full voting members. The mayor shall be the chairman of the Planning Board. The manner of election and appointment of trustees and provisions relating to the length of their terms shall apply in like manner to their appointment to the Board. The Mayor may appoint alternate members of the Planning Board to serve on the Planning Board when a conflict of interest or extended absence of a regular Planning Board member would preclude action by the Board. This law amends Section 7-718 of the General Village Law pursuant to the powers granted to municipalities by Municipal Home Rule Law. III. Powers and Duties A. Site Plan Review. The Planning Board (hereafter referred to as “the Board”) shall be empowered to review and approve, approve with modifications or disapprove site plans, prepare to specifications set forth herein, and such other specifications as the Board may reasonably require. Village of Cayuga Heights Articles Page 59 Site plan review shall be required for the following: 1. Land Use in Multiple Housing or Commercial District Any land owner who intends to use land for any purpose or change an existing use permitted in the multiple housing district or commercial district as defined in the zoning ordinance of the Village of Cayuga Heights, shall submit to the Board a site plan, a written statement and such other evidence as may reasonably be required by the Board of the proposed use, and shall provide a statement explaining to the Planning Board the nature of and reason for the intended use. The following factors shall be considered by the Board: a. The location and site of the use. b. The nature and intensity of the operation involved. c. The size and topography of the site in relation to it. d. The location of the site in respect to the roads giving access to it. e. The provisions for parking. f. The relation of the size of the building and lot to the parking area. g. Traffic and noise generated by the proposed use. h. Landscaping. i. Architectural features. j. Location and dimension of buildings. k. Impact of the proposed use on adjacent land uses. l. Effect on the environment. m. Effect on infrastructure and existing Village services, including sewer, water, drainage and solid waste. n. Any other reasonable factors that will promote the safety of the proposed use and the orderly development of the Multiple Housing or Commercial District. o. Effect on population density, if any. p. Any other factors reasonably related to the health, safety and general welfare of the community. 2. Minor Subdivision. Any landowner who intends to subdivide land in a manner that qualifies as a “minor subdivision” as defined herein shall apply to the Planning Board for approval of the subdivision set forth below. A minor subdivision is the subdivision of any land into not more than two lots (initial lot plus one new lot). Each lot shall front on an existing street, not involve any new street or road or the extension of any municipal facilities, and not be in conflict with any provision of the zoning law. The construction of more than one principal building on any lot shall be construed as a subdivision of the lot into two lots subject to the requirements of this law. The following factors shall be considered by the Board: a. Effect of the proposed subdivision on traffic and so traffic safety. b. Effect of the proposed subdivision on the environment.