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HomeMy WebLinkAboutCurrent Zoning ArticlesVillage of Cayuga Heights Articles Page 36 Village of Cayuga Heights ARTICLE IX ZONING For the purpose of promoting the health, safety, morals, or the general welfare of the community, and to lessen congestion in the streets, to secure safety from fire, panic and other dangers, to provide adequate light and air, to prevent the overcrowding of land, to avoid undue concentration of population, to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements, under and pursuant to Article VI-A of Chapter 64 of the Consolidated Laws, the size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, the density of population, and the use of buildings, structures and land for trade, residence or other purposes, are hereby restricted and regulated as hereinafter provided. SECTION 1. DISTRICTS For the purpose of this ordinance, the Village of Cayuga Heights is hereby divided into three districts, as follows: Residence District Multiple Housing District Commercial District A Planned Unit Development may be established in any district pursuant to the Planned Unit Development Ordinance (Local Law #1 of 1993), and shall be subject to the requirements set forth in the Planned Unit Development Ordinance and to any special conditions imposed by the Board of Trustees in approving such Planned Unit Development. These requirements shall supersede the zoning requirements set forth in this article. The Residence District is all the area of the Village not included in either the Multiple Housing District or the Commercial District, and not included in the Planned Unit Development described in this article. The Multiple Housing District is that area bounded on the south by the Village Line, on the west and north by Kline Road and Oak Hill Road to a point at the western end of Lot No. 160, thence easterly along the southern boundary of lot No.’s 160, 161, 162, 163, 168 and the prolongation thereof across Triphammer Road to a point 600 feet from the center line of Triphammer Road, and bounded on the east by a line from such point southerly to the south Village Line parallel to the center line of Triphammer Road and 600 feet easterly therefrom; also the area bounded and described as follows: Commencing at a point in the north boundary of the Multiple Housing District east of Triphammer Road, where the said line is intersected by a line 140 feet Village of Cayuga Heights Articles Page 37 southeasterly from and parallel with the southeast boundary of the premises now owned by Dorothy McIlroy at No. 419 Triphammer Road; thence northeasterly on a line parallel with and 140 feet southeasterly from the southeast boundary of said McIlroy property and continuing on a line parallel with and 140 feet southeasterly from the southeast boundary of the property now owned by E. Lawrence Palmer and wife to a point 140 feet south from the south boundary of the property now owned and occupied by Sheldon M. Smith and wife. thence easterly on a line parallel with and 140 feet south of the south boundary of said Smith property to the westerly line of Pleasant Grove Road; thence southeasterly along the westerly line of Pleasant Grove Road to its intersection with the east boundary of the Village; thence south along the east boundary of the Village to the southeast corner of the Village; thence west along the boundary line between the Village of Cayuga Heights and the City of Ithaca to the southeast corner of the existing Multiple Housing District; thence northerly along the east boundary of said existing district to the northeast corner thereof; thence westerly along the north boundary of the existing district to the place of beginning. The Commercial District is that area bounded as follows: Beginning in the center of North Triphammer Road at the southwesterly corner of the Texas Lane subdivision; thence southerly along the center of North Triphammer Road, crossing Hanshaw Road to the intersection with the center line of Triphammer Road at it’s eastern terminus; thence westerly along the center of Triphammer Road to the northwest corner of the George R. Pfann residence lot; thence southerly along the west boundary of the Pfann lot 207.9 feet to the southwest corner thereof; thence southwesterly in a straight line to the northwest corner of the Burr Ripley residence lot; thence easterly along the north line of the Ripley lot property at 406 E. Upland 10-3-7) to the center of East Upland Road; thence southeasterly at a right angle to East Upland Road for a distance of 225 feet; thence southwesterly parallel with the easterly line of East Upland Road and 200 feet therefrom to the present north line of lands of Pearl Sheldon; thence easterly along the north line of the lands of Pearl Sheldon to the northwest corner of lands of Earl F. and Margaret Sharp; thence southerly along the east boundary of the lands of Pearl Sheldon to the north boundary of the lands of Pleasant Grove Cemetery Association at the northwest corner of the addition to the cemetery conveyed to said Association by Earl F. and Margaret Sharp; Village of Cayuga Heights Articles Page 38 thence easterly along the north boundary of said addition 619 feet; more or less, to the centerline of Pleasant Grove Road; thence northwesterly along the centerline of Pleasant Grove Road to the center of Hanshaw Road; thence easterly along the center of Hanshaw Road to the division line between the Gardner Rogers and Ella Cushman properties; thence north along said division line to the southeast corner of the Texas Land subdivision; thence northwesterly along the southerly boundary of said subdivision to the place of beginning. The following area is zoned as a Planned Unit Development: Beginning at a point in the center line of North Triphammer Road, which point is also the southeast corner of premises owned by Cornell University (290/08) in the northeast corner of property now or formerly of Kir Sook Yin Ching (665/106); thence north 82 degrees 27 minutes 28 seconds west a distance of 955.95 feet to an iron pin; thence south 08 degrees 02 minutes 11 seconds west a distance of 456.38 feet to a point in the centerline of Hanshaw Road; thence northwesterly along the said center line of Hanshaw Road a distance of 138 feet, more or less, with a chord bearing and distance of north 70 degrees 52 minutes 31 seconds west 137.76 feet to a point; thence north 78 degrees 18 minutes 32 seconds west along the said centerline of Hanshaw Road a distance of 368.97 feet to a point; thence north 17 degrees 36 minutes 18 seconds east a distance of 158.52 feet to an iron pin; thence north 72 degrees 19minutes 37 seconds west a distance of 300.27 feet to an iron pin; thence north 70 degrees 28 minutes 45 seconds west a distance of 129.64 feet to an iron pin; thence north 70 degrees 49 minutes 03 seconds west a distance of 159.11 feet to an iron pin; thence north 09 degrees 04 minutes 06 seconds east a distance of 191.15 feet to an iron pin; thence north 60 degrees 55 minutes 54 seconds west a distance of 170.00 feet to an iron pin; thence south 39 degrees 25 minutes 09 seconds west a distance of 257.42 feet to an iron pin; thence north 51 degrees 00 minutes 10 seconds west a distance of 150.20 feet to an iron pin; thence north 47 degrees 39 minutes 15 seconds west a distance of 83.42 feet to an iron pin; thence south 85 degrees 31 minutes 09 seconds west a distance of 161.23 feet to an iron pin; thence north 29 degrees 32 minutes 06 seconds west a distance of 44.42 feet to an iron pin; Village of Cayuga Heights Articles Page 39 thence north 14 degrees 21 minutes 29 seconds west a distance of 10.09 feet to an iron pin; thence north 86 degrees 05 minutes 44 seconds east a distance of 179.71 feet to an iron pin; thence north 45 degrees 28 minutes 25 seconds east a distance of 95.26 feet to an iron pin; thence north 08 degrees 21 minutes 38 seconds east a distance of 93.58 feet to an iron pin; thence south 82 degrees 34 minutes 58 seconds east a distance of 181.46 feet to an iron pin; thence north 07 degrees 58 minutes 19 seconds east a distance of 1,663.16 feet to an iron pin; thence south 81 degrees 58 minutes 27 seconds east a distance of 525.50 feet to an iron pin; thence south 82 degrees 33 minutes 44 seconds east a distance of 669.31 feet to an iron pin; thence south 82 degrees 02 minutes 39 seconds east a distance of 694.80 feet to an iron pin; thence south 85 degrees 50 minutes 41 seconds east a distance of 308.60 feet to a point in the centerline of said North Triphammer Road; thence southerly along the centerline of said North Triphammer Road a distance of 172 feet, more or less, with a chord bearing and distance of south 00 degrees 34 minutes 10 seconds east, 171.52 feet; thence south 07 degrees 42 minutes 46 seconds west along said centerline of North Triphammer Road a distance of 916.06 feet; thence south 07 degrees 34 minutes 26 seconds west along the said centerline of North Triphammer Road a distance of 398.7 feet to a point; thence south 03 degrees 54 minutes 16 seconds west along said centerline of North Triphammer Road a distance of 139.78 feet to a point; thence southerly along said centerline of North Triphammer Road a distance of 294 feet, more or less, with a chord bearing and distance of south 01 degrees 45 minutes 55 seconds west, 293.30 feet to the point or place of beginning. SECTION 2. RESIDENCE DISTRICT In the Residence District, no building shall be erected or extended and no land or building shall be used for other than any of the following purposes: 1. a. Residence for not more than two families with a total of not more than two other occupants residing in the residence, or b. Residence for not more than one family with a total of not more than three other occupants residing in the residence, or c. Residence in which there is no family and a total of not more than four occupants residing in the residence. 2. Public School. 3. Any municipal or public utility purpose approved by the Village Board. 4. Home gardening. Village of Cayuga Heights Articles Page 40 5. Golf course, except a driving range or a miniature golf course conducted on a commercial basis. 6. One temporary sign advertising the sale or lease only of the premises on which it is located. 7. Such accessory uses as are customarily incidental to the above uses, including: a. The office of a resident doctor, dentist, musician, engineer, teacher, lawyer, artist, architect, or member of other recognized profession, where such office is a part of the residence building. One sign not exceeding two 2) square feet and affixed to the wall of the principal building is permitted. b. Customary home occupation, such as dressmaking, hairdressing, laundering, home cooking, of Family Day Care Home in accordance with the Social Services Law of the State of New York, conducted by one person only, resident in the dwelling, provided that no goods or products are publicly displayed or offered for sale. 1/4/80 8. Swimming pools not of the commercial type. 9. Any cemetery purpose approved by the Village Board. Note: the word “family” as used in this section shall include husband or widower, a wife or widow, his or her children, and his or her other blood relatives. The word “occupant” as used in this section shall mean and apply to any person living in a house for more than one month who is not a member of a family residing therein. SECTION 3. MULTIPLE HOUSING DISTRICT In the Multiple Housing District no building shall be erected or extended and no land or building shall be used for other than any of the following purposes: 1. Any use permitted in the Residence District. 2. Any of the following uses: a. Dwelling for three or more families. b. Church or other place of worship; convent, parish house, Sunday School building, provided that no bowling alleys shall be included in any such building. c. Public library or public museum, parochial school, nursery school, school operated by a non-stock corporation under the education laws of the State. Amended 9/1/65) d. Fraternity and sorority. (Eff. 6/15/66) e. Hospital or sanitarium for the treatment of human beings, other than the criminal, insane, feeble-minded, epileptic, drug, liquor, or psychiatric patients. Nursing, or convalescent homes are prohibited. 3. Any use by an institution of higher learning necessary in or incidental to higher education, provided that any landowner who intends to use land for any of the aforementioned purposes shall be given opportunity to explain to the Village Board the nature of and reasons for the intended use. Village of Cayuga Heights Articles Page 41 In arriving at a decision, the Village Board shall consider the following: the location and size of the use, the nature and intensity of the operation involved, and the size of the site in relation to it, the location of the site with respect to roads giving access to it, and any other reasonable requirements necessary to keep the proposed use in harmony with the appropriate and orderly development of the Multiple Housing District. These standards may replace those listed in SECTIONS 5 through 10. SECTION 4. COMMERCIAL DISTRICT In the Commercial District, no building shall be erected or extended and no land or building shall be used for other than one or more of the following purposes: 1. Any use permitted in the Multiple Housing District, subject to the other requirements as set forth in SECTION 3 above 2. Any of the following uses: a. Retail store. b. Business or professional office. c. Restaurant or dairy bar for the serving of food and beverages but only on special approval of the Board of Trustees. In granting approval, the Board of Trustees shall determine, after a public hearing, that a need for such use exists for the convenience of the neighborhood and that the general welfare of the Village will be served and that there will be no excessive noise in connection with the use. d. Bank or other financial institution. e. Gasoline retail sales station including facilities for minor repairs, but only on special approval of the Board of Trustees. f. Place of business of the following, and businesses of a similar nature, provided that any manufacture or processing of goods on the premises is clearly incidental to a retail business conducted on the premises: Baker Furrier Shoeshiner, Barber Hairdresser shoemaker Caterer Manicurist or repairer Confectioner Milliner Tailor Decorator Optician Telegraph and Dressmaker Photographer telephone office Dyer Printer Undertaker Florist Upholsterer Commercially operated swimming pool Hand laundry or machine rental laundry g. Theater, but not a drive-in theater, and only on special approval of the Board of Trustees. h. Car-wash operation and car-rental operation, subject to special approval of the Board of Trustees. Eff. 8/1/65 Village of Cayuga Heights Articles Page 42 SECTION 5. HEIGHT OF BUILDINGS No building or structure shall be erected in a residence district so as to exceed twenty- five (25) feet in height; or in any other district so as to exceed thirty (30) feet in height. The limitations of height shall not apply to chimneys, ventilators, skylights, or other necessary features usually carried above roofs nor to spires of churches or other buildings if such features are in no way used for living purposes. The height of a building shall be measured from the lowest point of the base of the building at the elevation of the proposed grade line of the ground to the average height between eaves and ridge for pitched roofs and to the highest part of the parapet for flat roofs. In cases where the proposed grade line of the ground is higher than the existing ground, the change must be approved by the Zoning Officer at the time of issuance of the zoning permit. SECTION 6. YARD REQUIREMENTS Yards free from buildings and of the following minimum dimensions are required, said dimensions to be measured at right angles to the property lines: Residence District Front Yard 25 feet Side and rear yards 15 feet Multiple Housing District Front Yard – twice the maximum height of the building on the front street side, but in no case less than 30 feet. Side and rear yards – the maximum height of the building on the side facing the respective side and rear yards. Commercial District Front Yard 35 feet Side and rear yards 30 feet The yard requirements hereinabove specified shall be the same in the case of swimming pools. The above notwithstanding, a residence designed to house not more than two families, in any district, need not have yards greater than those required in the Residence District. No automobile parking area shall be included in any required front yard, except for a residence housing not more than two families. The front yard in each case shall be measured from the property line of the street. In case of corner lots, the front yard requirement shall apply to each street abutting the property. Village of Cayuga Heights Articles Page 43 SECTION 7. BUILDING COVERAGE No building or buildings shall be erected or extended so as to exceed the percentages for each district below: Residential District 12 percent Multiple Housing District 12 percent Commercial District 15 percent In computing the building coverage, the area of any accessory buildings shall be included in the computation. The areas covered by overhanging building eaves of three feet or less, or by non-roofed swimming pools shall be omitted in computation of the building coverage. a. Size of Lots. Lot sizes in all districts shall be as follows: Local Law #1 of 1998 Amendment to 7.a. 11/20/89) Minimum average width 125 feet Minimum average depth 150 feet (eff. 5/62) b. Frontage on Public Street: Each lot shall have a minimum frontage on a public street of seventy-five (75) feet; except any frontage on a cul de sac in a subdivision, approved by the Planning Board, shall have such frontage as shown on the approved subdivision plan. This ordinance shall apply to any lots hereinafter subdivided or developed by placing a building thereon. SECTION 8. PORCHES, DECKS, AND CARPORTS In determining the percentage of building coverage of a lot or the size of yards for the purpose of this ordinance, porches, decks, or carports open at the sides, but roofed, shall be included in the building coverage. Unroofed porches or decks, the surface of which is over two feet above the surface of the underlying ground as finally graded shall also be included in the said determination. In cases where the proposed grade line of the ground is higher than the existing ground, the change of grade must be approved by the Zoning Officer at the time of issuance of the zoning permit. (1/80) SECTION 9. FENCES AND WALLS The provisions of this ordinance, unless otherwise specified, shall not apply to fences or walls not over four feet high above the natural grade, or to terraces, steps, driveways, open parking areas, or other similar features. Fences over four feet in height are permitted only when set back to the same yard requirements as for buildings. Swimming pools other than small portable pools, shall be enclosed by protective fencing. (1/80) SECTION 10. BUILDING FLOOR AREA No dwelling in any district shall be erected or altered so as to provide for less than 700 square feet of enclosed floor areas used for housing purposes. Village of Cayuga Heights Articles Page 44 SECTION 11. TRAILERS, TEMPORARY STRUCTURES, CONSTRUCTION SHANTIES & MATERIAL No occupied automobile house trailer, whether on wheels or otherwise supported, shall be permitted on premises within the Village. Temporary structures such as construction shanties, as well as construction material must be removed from the premises within ninety days of the time when the principal building on the premises is ready for occupancy. SECTION 12. REDUCTION OF LOT AREA Whenever a lot upon which a building stands is changed in size or shape so that the building coverage or yard requirements of this ordinance are no longer complied with, such building shall not thereafter be used until it is altered, reconstructed or relocated so as to comply with such requirements. The provisions of this section shall not apply when a portion of a lot is acquired for a public purpose. SECTION 13. MORE THAN ONE BUILDING ON A LOT When there is more than one principal building on a lot in any district, the space between such buildings must be at least equal to the sum of the side yards required by such buildings or the sum of the rear and the front yards as the case may be. SECTION 14. GARAGES AND PARKING FACILITIES Every building used for living purposes shall provide sufficient off-street garage space or parking space for the occupants and employees thereof. Every non-residential structure, commercial, or otherwise, shall provide off-street garage or parking space sufficient to accommodate the cars of employees and the number of cars anticipated to be attracted by the facilities of such structure at any time. SECTION 15. EXTRACTION OF NATURAL PRODUCTS The removal of sod, loam, topsoil, sand, gravel, or quarried stone for sale, except when incidental to, or in connection with, the construction of a building on the premises shall be permitted only on special approval of the Board of Trustees. SECTION 16. TRAFFIC HAZARDS No structure, fence or planting shall be maintained so as to obstruct the view from vehicles upon a street in a manner dangerous to traffic. SECTION 17-A. SIGNS The purpose of this section local law] is to promote and protect the public health, welfare and safety of the Village of Cayuga Heights by regulating existing and proposed indoor and outdoor signs of all types. As used in this section Sign” shall mean any material, structure or device of fixed location and stationary components which is used to advertise or promote the interests of any person or business when the same is placed in view of the general public. local law] unless otherwise expressly stated: Village of Cayuga Heights Articles Page 45 Indoor Signs” are signs inside of buildings, which are designed and placed to be read from outside the building. Erect” shall mean to display, relocate, place, affix or maintain any sign, and shall also include the painting of exterior wall signs. The “face” of a building shall mean any outer surface of a building, which is visible from any private or public street or highway except the roof or roofs. The “front” of a building shall mean that face which contains the front entrance. Illuminated sign” shall mean any sign illuminated directly or indirectly by electricity, gas, or other artificial light, including reflective or phosphorescent light originating from outside the body of the sign or from within or behind it. Projecting sign” shall mean any sign which projects from the exterior of any building. On premises sign” shall mean any sign related to an activity, business or profession conducted, or to a commodity or service sold or offered upon the premises where such sign is located. Sign area” shall mean the surface area of the sign including the frame, plate or structure used to hold up any lettering or pictorial matter. In the event a sign is attached, painted or applied to the front or face of a building or is irregular in shape the area of the sign shall be taken as the area of the smallest rectangle that can be placed over the entire sign, including its lettering, devices, frame and decorative moldings along its edges, and background, if of a different color than the predominant color surrounding the sign except as otherwise provided herein. In the event that both upper case and lower case letters are used in a lettered wall sign, the area shall be defined by the smallest rectangles that can be placed over the series of lower case letters plus the area of the smallest rectangles that can be placed over the upper case letters. In the event that a letter or letters or other pictorial matter are placed as separate units on background boards, the sign area shall be calculated as the sum of the areas of the background boards. In the case of a flat or two-sided freestanding sign, the sign area is considered to be the entire surface area of one face of the sign. Free standing sign” shall mean any sign or sign structure not attached to the exterior of a building. Shopping center” or “multi-use commercial facility” shall mean any group of two or more stores for which there is provided off-street parking. Village of Cayuga Heights Articles Page 46 A. General Regulations 1. Any illuminated sign or lighting device shall employ only lights emitting a light of constant intensity. The lights shall be so regulated as to direction and intensity that they cause no nuisance or traffic hazard. 2. A sign may project horizontally not more than two feet from the front or face of a building. 3. Outdoor signs may be placed only on the faces of a building. 4. Only “on premises signs” as provided in this local law are permitted. 5. The maximum height of any part of a freestanding sign shall be six feet above ground level. B. Permitted Signs in all Districts 1. The following signs in any area of the Village are permitted without a permit: a. Signs advertising the proposed sale, lease, or rental of the premises upon which the sign is located, which sign shall not exceed 4 square feet in area. b. Professional nameplates that shall not exceed 2 square feet in area. c. Signs denoting the name and address of the occupants of premises used for residential purposes which signs shall not exceed 1 square foot in area. d. Directional (entrance/exit) signs on premises, each not exceeding 2 square feet in area and which shall not include any trademarks or names of businesses conducted or products sold. e. A sign or notice, having an area of 10 square feet or less, of a public utility necessary for the direction, information, or safety of the public. 2. The following signs are permitted in any area of the Village of Cayuga Heights but they shall not be erected or maintained without a permit as provided herein: a. One sign and one bulletin board customarily incident to places of worship, libraries, museums, not to exceed 18 square feet and to be located on premises of such institutions. b. One sign not to exceed 6 square feet in area for social clubs or societies, which shall be located on the premises of such institutions. c. One sign of a temporary nature listing the architect, engineer, contractor, or owner may be placed on premises where construction, repair, or renovation is in progress. Such sign shall be removed immediately upon completion of the project or after a period of three years from the date of the permit, whichever comes first. d. Each building in a commercial zone may have one or two signs, whose total area shall not exceed 20 square feet. Said signs may be attached to or painted on the front or face of each building or one or both signs may be indoor signs. Where there are two signs they shall be attached to, painted on, or applied to the front and to the face or faces of the Village of Cayuga Heights Articles Page 47 building in such a way that they are at an angle or not less than 90 degrees from one another. e. Where more than one business occupies a single building, in place of the sign restrictions in Section 2 (d), each business may have one or two signs whose total area shall not exceed 10 square feet. One or both signs may be an indoor sign. f. If there are more than two businesses operated on any one parcel or contiguous parcels, which parcel or parcels are under the ownership, operation, management, or control of the same person, persons, firms, or corporation, involving a shopping center or other multi-use facility, one free standing sign which shall not exceed 18 square feet shall be permitted for the parcel, parcels, development, or shopping center as a whole, regardless of the number of separate businesses operated thereon, provided that if such a sign is used, a sign of the kinds referred to in the first and second sentences of the preceding section d. shall not be used. g. Signs advertising store hours and “rules” of conduct are exempt from this section local law]. C. Temporary Signs All signs of temporary nature such as political or civic posters, and other signs of a similar nature, may be erected without a permit for a period not to exceed thirty days on premises of any property owner by the property owner; with the condition that a period of not less than eleven months shall elapse between the last day of one period of showing and the first day of the next. The maximum size shall be four square feet. D. Application for Permit Application for a permit shall be made in writing by the owner of the premises in duplicate, upon forms prescribed and provided by the Zoning Officer and there shall be attached a detailed, to-scale drawing or blueprint showing a description of the construction details of the sign and showing all the lettering and/or pictorial matter composing the sign; position of lighting or other extraneous devices; a location plan showing the position of the sign on any building or land, and its position in relation to nearby buildings or structures and to any private or public street or highway. E. Fees The following fees shall be paid upon issuance of the permit: 1. Application fee of five dollars ($5.00). F. Procedures 1. It shall be the duty of the Zoning Officer, upon the filing of an application for a permit to erect a sign, to examine such plans, specification, and other data submitted to him with the application, and, if necessary, the building or premises upon which it is proposed to erect the sign or other advertising structure; and if it complies with this local law, to approve the same and issue a permit. Village of Cayuga Heights Articles Page 48 2. If the said sign does not comply with this local law, the Zoning Officer shall immediately notify the applicant. An appeal from his decision may be made to the Board of Appeals. (Eff. 11/1/76) 3. In making any determination or decision with respect to any proposed sign, any Village officer or the Board having jurisdiction shall be guided by the general purpose of this local law and shall also consider the following: a. The purpose for which the sign is erected and the distance from which the sign is intended to be or can possibly be read and the character of adjacent streets. In all cases, the smallest sign which will suit the purpose shall be the guide, taking into account the legitimate commercial or other interests which are intended to be promoted by the sign, and the speed limits and traffic conditions on adjacent streets. b. The number of letters on the proposed sign. A sign with only a few letters need not be as large as one with many letters to be seen from the same distance. c. Other signs in the vicinity of the proposed sign. d. The character of the neighborhood. The proposed use shall not be detrimental to the general amenity or neighborhood character so as to cause a devaluation of neighboring property or material inconvenience to neighboring inhabitants or material interference with the use and enjoyment by the inhabitants of the neighboring property. e. The protection of the public interest and the desirability of maintaining open spaces, views and vistas insofar as possible. f. Any hardship imposed by this local law due to the nature of the sign, its location and its purpose. G. Revocation of Permit and Removal of Signs 1. Any sign which advertises a business no longer in existence on the premises shall be removed by the owner of the premises upon which such sign is located as soon as the business ceases to exist. 2. No sign, whether new or existing, shall hereafter be erected or altered except in conformity with the provisions of this law. However, notwithstanding any provisions contained herein, the sign must be kept clean, neatly painted and free from all hazards, including but not limited to, holes in the sign, faulty wiring, loose fastenings and the sign must otherwise be maintained at all times in good repair and shall not be detrimental or dangerous to the public health or safety. If the Zoning Officer, or Board of Trustees, shall find that any sign violates any of the foregoing provisions or that such sign is unsafe or is an actual or imminent traffic or other hazard or danger to the public, he shall give written notice which shall specify the violations and the items requiring correction or the removal of a sign, as the case may be. 3. In the event of failure to comply with the requirements of said notice within the period required therein, the permit for such sign shall be automatically revoked and such sign shall be removed by the owner of the land on which such sign is erected. Village of Cayuga Heights Articles Page 49 H. Non-Conforming Signs Any sign which has been in existence prior to the effective date of this local law and which does not conform with the provisions and standards of this law and any amendments thereto, shall be removed within 90 days from the effective date hereof. I. Legal Fees Whenever any action at law is brought to collect a sum of money, the defendant shall pay attorney’s fees. J. Violations Failure to comply with any of the provisions of this section local law] shall be deemed a violation and the violator shall be liable to a fine of not more than $50.00 for each violation, and each day’s failure to comply shall be deemed a violation. K. Validity If any section, subsection, phrase, sentence or portion of this section local law] is for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. SECTION 17-B TELECOMMUNICATION TOWERS AND FACILITIES PURPOSE: The purpose of these supplemental regulations is to promote the health, safety, and general welfare of the residents of the Village of Cayuga Heights; to provide standards for the safe provision of telecommunications consistent with applicable federal and state regulations; to minimize the total number of telecommunication towers and facilities in the community by encouraging shared use of existing and future facilities, and the use of existing tall structures; to serve the prevailing aesthetic of the entire Village and to minimize adverse visual effects from telecommunication towers by requiring careful siting, visual impact assessment, and appropriate landscaping. 1. Definitions a. Telecommunication Tower – Any structure greater than thirty (30) feet in height which is capable of receiving and /or transmitting signals for the purpose of communication in connection with a telecommunications facility. b. Telecommunication Facility – Any commercial equipment used in connection with the provision of two-way wireless communication services, including cellular telephone services, personal communications services, and private radio communications services, regulated by the Federal Communications Commission in accordance with the Telecommunications Act of 1996 and other federal laws. A telecommunications facility shall include monopole, guyed, or latticework tower(s), as well as antenna(s), switching stations, principal and accessory telecommunications equipment and supporting masts, wire, structures, and buildings. 2. Application of Permit Regulations Village of Cayuga Heights Articles Page 50 a. No telecommunication facility or tower (except those approved prior to the effective date of this section) shall be used unless in conformity with these regulations which shall be administered by the Village Zoning Officer, Permit applications hereunder to be heard by the Village Planning Board (hereafter sometimes “Board”). No telecommunication facility or tower shall hereafter be erected, moved, reconstructed, changed or altered unless in conformity with these regulations. No existing structures shall be modified to serve as a telecommunication tower unless in conformity with these regulations. b. Applicants proposing to co-locate on a previously approved telecommunication tower may be granted a permit under an abbreviated approval process as outlined in subsection 3 below. They are, however, subject to Site Plan Review in accordance with subsection 8 below of this Section. The Village Planning Board shall require the applicant to submit the items under subsection 3(a) below as part of the Site Plan Review Process. c. These regulations shall apply to all property within the Commercial District and the P.U.D. District. Telecommunication towers and facilities shall be specifically excluded from all other zones. d. Applications for permit hereunder to construct new telecommunication towers shall comply with the Code of Federal Regulations pertaining to objects affecting navigable airspace as delineated within Federal Aviation Regulations FAR) Part 77. Additionally, no application for construction of a new telecommunication tower will be approved if the proposed tower violates the criteria for obstructions to air navigation as established by FAR Part 77 Subpart C- Obstruction Standards. e. Applicants shall provide evidence of whether they are a public utility in the State of New York. f. All applications under this section, once commenced, shall be processed to completion by the applicant and the Village Zoning Officer and Planning Board with all the reasonable promptness the matter will permit. 3. Shared Use of Existing Tall Structures. At all times, shared use of existing tall structures (for example municipal water towers, multi-story buildings, church steeples, farm silos, etc.), and existing or approved towers (see subsection 2(b) above), shall be preferred to the construction of new towers or facilities. a. An applicant proposing to share use of an existing tall structure shall be required to submit: i. Such abbreviated application as the zoning officer shall designate at a pre-submission conference with the applicant. ii. Documentation of intent from the owner of the existing facility to allow use. iii. A site plan. The site plan shall show all existing and proposed structures and improvements including antennae, roads, buildings, guy wires and anchors, parking and landscaping, and shall include grading plans for new facilities and roads. Any methods used to conceal the modification of the existing facility, shall be indicated on the site plan. iv. A NY Licensed engineer’s report certifying that the proposed shared use will not diminish the structural integrity and safety of the existing tall structure, and Village of Cayuga Heights Articles Page 51 explaining what modifications, if any, will be required in order to certify to the above. v. A completed short form EAF (environmental assessment form) and a completed visual EAF addendum, under SEQRA (NYS Environmental Quality Review Act). vi. A copy of its Federal Communications Commission (FCC) license. b. If an applicant proposing to share use of an existing tall structure submits complete and satisfactory documentation in accordance with subsection 3(a) above, and if modifications indicated according to subsection 3(a) are deemed insignificant by the Board, and after the Board conducts a public hearing and complies with all SEQRA provisions, the Board may grant a permit under this section without further review. If the Board determines that any modifications indicated according to subsection 3(a) are significant, it may require further review according to subsections 8 through 19 below. 4. New Telecommunication Tower. The Board may consider a new telecommunication tower when the applicant demonstrates that shared use of existing tall structures and existing or approved towers is impractical. An applicant shall be required to present an adequate report inventorying all existing tall structures and existing or approved towers within a reasonable distance of the proposed site. This distance shall be determined by the Board in consultation with the applicant. The report shall outline opportunities for shared use of these existing facilities as an alternative to a proposed new tower. The report shall demonstrate good faith efforts to secure shared use from the owner of each existing tall structure and existing or approved tower as well as documentation of the physical, technical and/or financial reasons why shared usage is not practical in each case. Written requests and responses for shared use shall be provided. 5. Shared Usage of an Existing Tower Site for Placement of a New Tower. Where shared use of existing tall structures, and existing or approved towers, 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 4 above. Any proposals for a new telecommunication tower on an existing tower site shall also be subject to the requirements of subsections 7 through 19 below, which may, as appropriate in the sound discretion of the Board, entail a full Permit application process hereunder as if it were an application for a new tower at a new location. 6. New Tower at a New Location. The Board may consider a new telecommunications tower on a site not previously developed with an existing tower when the applicant demonstrates that shared use of existing tall structures, and existing or approved towers, is impractical, and submits a report as described in subsection 4 above; and when the Board determines that shared use of an existing tower site for a new tower is undesirable based upon the applicant’s investigation in accordance with subsection 5. Any proposal for a new telecommunication tower shall also be subject to the Village of Cayuga Heights Articles Page 52 requirements of subsections 7 through 19 below, and the documentation to satisfy those requirements shall constitute the Permit application under this section. 7. New Towers: Future Shared Use. The applicant shall design a proposed new telecommunications tower to accommodate future demand for reception and transmitting facilities. The applicant shall submit to the Board a letter of intent committing the owner of the proposed new tower, and his/her successors in interest, to negotiate in good faith for shared use of the proposed tower by other telecommunications providers in the future. This letter shall be filed with the building inspector prior to issuance of a building permit. Failure to abide by the conditions outlined in the letter may be grounds for revocation of the special permit. The letter shall commit the new tower owner and his/her successors in interest to: a. Respond within 30 days to a request for information from a potential shared use applicant. b. Negotiate in good faith concerning future requests for shared use of the new tower by other telecommunications providers. c. Allow shared use of the new tower if another telecommunications provider agrees in writing to pay reasonable charges. The charge may include but is not limited to a pro rata share of the cost of site selection, planning, project administration, land costs, site design, construction and maintenance financing, return on equity, and depreciation, and all of the costs of adapting the tower or equipment to accommodate a shared user without causing electromagnetic interference. 8. Site Plan Review: Submission Requirements. a. An applicant shall be required to submit a site plan which depicts the information required under subsections 9 and 11 through 16 below. The site plan shall show all existing and proposed structures and improvements including roads, buildings, towers, guy wire and anchors, antennae, parking and landscaping, and shall include grading plans for new facilities and roads, and must bear the seal of an engineer licensed to practice in the State of New York. Some of the details which the Board will expect to be addressed are: i. The exact location including geographic coordinates of the proposed telecommunications facility including any towers, guy wires and anchors, if applicable. ii. The maximum height of the proposed facility, including all appurtenances. iii. A detail of tower type, if any, including engineering drawings from the tower manufacturer (monopole, guyed. free-standing, or other). iv. The location type and intensity of any lighting on the tower. v. Property boundaries and names of all adjacent landowners. vi. Proof of the landowner’s consent to the erection of the facility and agreement to abide by this section of the zoning ordinance if the applicant is not the landowner. Village of Cayuga Heights Articles Page 53 vii. The location of all other structures on the property and all structures on any adjacent property within one hundred feet of the property lines, together with the distance of these structures from any proposed tower. viii. The location, nature, and extent of any proposed fencing, landscaping and screening. ix. The location and nature of any proposed utility easement and access roads or drives. b. Supporting Documentation – The application shall submit a complete EAF (long form), a complete Visual Environmental Assessment Form (visual EAF addendum), 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 applicant shall also submit a copy of its Federal Communications Commission FCC) license. 9. Lot Size and Setbacks. All proposed telecommunication towers and accessory structures shall be located on a single parcel and shall be set back from abutting parcels and street lines a distance sufficient to contain substantially on-site all ice-fall or debris from tower failure (the “fall zone”) and preserve the privacy of any adjoining properties. a. 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 area required shall be leased from a single parcel unless the Board determines that this provision may be waived. b. Telecommunication Towers shall comply with all existing setback requirements of the underlying zoning district, and shall be located with a minimum setback from any property line equal to one half (1/2) of the height of the tower or the fall zone demonstrated to the Board’s satisfaction, whichever is greater. Accessory structures shall comply with the minimum setback requirements in the underlying zoning district. 10. Visual Impact Assessment. The Board may require the applicant to undertake a visual impact assessment which may include: a. A “Zone of Visibility Map” shall be provided in order to determine locations where the tower may be seen. b. Pictorial representations and computer-generated visual simulations of “before and after” views from key viewpoints both inside and outside of the Village including but not limited to: state highways and other major roads, state and local parks, other public lands, preserves and historic sites normally open to the public, and from any other location where the site is visible to a large number of visitors or travelers. The Board shall determine the appropriate key sites at a pre- submission conference with the applicant. c. Assessment of alternative tower designs and color schemes, as described in subsection 11 below. d. Assessment of the visual impact of the tower base, guy wires, accessory buildings and overhead utility lines from abutting properties and streets. Village of Cayuga Heights Articles Page 54 11. New Tower Design. Alternative 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: a. Any new tower shall be designed to accommodate future shared use by other telecommunications providers. b. Unless specifically required by other regulations, a tower shall have a finish either painted or unpainted) that minimizes its degree of visual impact. c. The maximum height of any new tower shall be justified on a basis of necessity and 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 regulations. The Board at its discretion may modify this requirement if the applicant can justify the need to exceed this height limitation. d. The Board may request a review of the application by a qualified engineer in order to evaluate the need for, and the design of, and the satisfaction of any other requirements under this Ordinance, for any new tower. The cost of this review shall be borne by the applicant, which cost shall not exceed $5,000 or 1% of the applicant’s total project cost, whichever is greater. Such sum shall be deposited in escrow with the Village at the time of filing an application here under. The permit application fee shall be as established from time to time by the Village Board of Trustees. e. Accessory structures shall maximize the use of building materials, colors and textures designed to blend with the natural surroundings. f. No portion of any tower or accessory structure shall be used for a sign or other advertising purpose, including but not limited to, company name, phone numbers, banners, and streamers. 12. Existing Vegetation. Existing on-site vegetation shall be preserved to the maximum extent possible. No cutting of trees exceeding four (4) inches in diameter (measured at a height of four (4) feet off the ground), shall take place prior to the approval of the special permit. Clear cutting of trees exceeding 20,000 square feet for a facility shall be prohibited. 13. Screening. Deciduous or evergreen tree plantings may be required to screen portions of the tower and accessory structures from nearby properties 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. 14. Access. Adequate emergency and service access shall be provided. Maximum use of existing roads, public or private, shall be made. Road construction shall, at times, minimize ground disturbance and vegetation cutting to within the toe of fill, the top of cuts, or no more than ten (10) feet beyond the edge of any pavement. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion potential. Village of Cayuga Heights Articles Page 55 15. Parking. Parking shall be provided to assure adequate emergency and service access. The Board shall determine the number of required spaces based upon a recommendation from the applicant. No parking spaces shall be located in any required yard. 16. Fencing and Security Measures. The tower and any accessory structures shall be adequately enclosed by a fence, design of which shall be approved by the Board. This requirement may be waived by the Board if the applicant demonstrates that such measures are unnecessary to ensure the security of the facility. Security lighting shall not project off-site. A locked gate for entry may be required by the Board. 17. Removal of Telecommunications Facility. The applicant shall submit to the Board a letter of intent committing the tower owner, and his/her successors in interest, to notify the Zoning Officer within thirty (30) days of the discontinuance of use of the facility. This letter shall be filed with the Zoning Officer prior to issuance of a Permit, once the telecommunication facility is approved according to this section. Obsolete or unused towers and accessory structures shall be removed from any site and the site restored to its original condition within four (4) months of such notification. Failure to notify and/or to remove the obsolete or unused tower and accessory structures in accordance with these regulations, shall be a violation of this chapter and shall be punishable according to Section 22 of the Ordinance. The Planning Board, as a condition of permit approval, may require the applicant and /or owner to provide a letter of credit, performance bond or other financial guarantee to the Village (which may be adjusted from time to time to cover increases in removal costs) that funds will be available for the demolition of facilities and restoration of the site to its original condition in the event of non-compliance with the provisions of this removal requirement. Said financial guarantee be subject to approval as to form and content by the Village Treasurer and Counsel. Every twenty-four (24) months, applicant shall provide the Zoning Officer with a certificate from a New York licensed engineer that the facility continues to retain its structural integrity and does not pose a hazard to life, limb or property. Upon failure to submit such certificate timely, the Permit shall lapse and the facility must forthwith be removed. 18. Intermunicipal Notification for New Towers. In order to keep neighboring municipalities informed, and to facilitate the possibility of directing that an existing tall structure or existing telecommunications tower in a neighboring municipality be considered for shared use, and to assist in the continued development of County 911 Services, the Board shall require that: a. An applicant who proposes a new telecommunication tower shall notify in writing the legislative body of each municipality that borders the Village of Cayuga Heights, plus the Towns of Lansing and Dryden and the Director of the Tompkins County Planning Department. Notification shall include the exact location of the proposed tower, and a general description of the project including, but not limited to, the height of the tower and its capacity for future shared use. Village of Cayuga Heights Articles Page 56 b. Documentation of this notification shall be submitted to the Board at the time of application. 19. Hearing and Notification of Nearby Landowners. Prior to rendering a decision on any application made under this section, a public hearing shall be held and the provisions of SEQRA satisfied. The applicant shall be required to mail notice of the public hearing directly to all landowners whose property is located within five hundred (500) feet of the property line of the parcel on which a new tower is proposed. Notice shall also be mailed to the administrator of any state or federal parklands from which the proposed tower would be visible if constructed. Notification, in all cases, shall be made by certified mail. Documentation of this notification shall be submitted to the Board prior to the public hearing. 20. Limited Permit. Any permit granted under this section will be valid only for the facility, the dimensions and number of antennas or towers in the application as approved. Change must be by new application to the Planning Board. Any permit application may be approved, approved with appropriate restrictions and conditions, or denied, pursuant to applicant’s satisfaction, substantial satisfaction, or failure to meet substantially the requirements of this section in light of the purposes as set forth at the beginning of this section. 21. Court Review. Any person aggrieved by decision made pursuant to the terms of this Section may apply to the Supreme Court for review under Article 78 of the NY Civil Practice Law and Rules. Such proceeding shall be instituted within thirty (30) days after the filing of the Board’s decision in the office of the Village Clerk. If any section, sentence, clause or phrase of this law is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this law. III. New Section 17-B, enacted as a Local Law, shall take effect upon filing with the Secretary of State. 6/15/98 SECTION 18. CONTINUATION OF EXISTING USES Any use of land, or a building legally existing at the time that this ordinance becomes effective, may be continued, but may not be extended or changed in character, although such use of land or building does not conform to the provisions hereof. When a non-conforming use has been discontinued for a period of at least one year, it shall not thereafter be re-established, and the future use shall be in conformity with the provisions of this ordinance. SECTION 19. ENFORCEMENT This ordinance shall be enforced by the Zoning Officer, except as otherwise herein provided. The Zoning Officer shall issue a zoning permit upon proper application unless the proposed construction, extension, or use thereof would be in violation of any provision of the ordinance. He shall also issue such permit upon written order of the Village of Cayuga Heights Articles Page 57 Board of Trustees or the Board of Appeals, under the authority granted to such Boards by this ordinance. The Board of Trustees shall appoint the Zoning Officer who may be one of their number. The Board may from time to time prescribe rules and regulations under which the Zoning Officer may act. Violations of this ordinance coming to the attention of the Zoning Officer shall be reported to the Board of Trustees. SECTION 20. ZONING PERMITS No building or structure shall be begun or expanded nor shall any building be remodeled so as to change the structure or function of any room therein until a zoning permit authorizing such construction shall have been issued by the Zoning Officer. Such building or structure shall be constructed or extended in accordance with the terms of the permit. Every application for a zoning permit shall state the intended use of the building, the number of families to be housed, if any, the height of the building, and shall be accompanied by a plot plan with all the dimensions shown indicating the size and shape of the lot, the position of the buildings, and the front, side and rear yards. This Local Law to take effect upon filling with the Secretary of State. (12/19/88) Application for zoning permit shall be accompanied by fees payable to the Village as follows: For buildings the estimated cost of which is not in excess of $10,000 $ 5.00 For buildings estimated to cost over $10,000 and under $50,000 10.00 For buildings estimated to cost $50,000 and over and less than $100,000 20.00 For buildings estimated to cost $100,000 and over 40.00 Unless there has been substantial progress in the work for which a zoning permit was issued, said permit shall expire one year from the date of issue. SECTION 21. BOARD OF APPEALS There is hereby established a Board of Appeals which shall function in such manner and have such powers and duties as the Village Law of the State of New York and this ordinance provide. The Board of Appeals shall hear and determine appeals from any refusal of a zoning permit by the Zoning Officer or review any order or decision of said Zoning Officer, where such order or decision is based upon the requirements of this ordinance, except where it is a matter referred to the Board of Trustees by this ordinance. Where there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of this ordinance, the Board of Appeals shall have the power, in passing Village 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. Village of Cayuga Heights Articles Page 60 c. Any other factors reasonably related to the health, safety and general welfare of the community. 3. Procedure a. An applicant for site plan review under paragraphs 1 or 2 above shall file with the Village Clerk a site plan conforming to the requirements of paragraph A-(4) below, together with an application fee of $200.00. b. Within a reasonable time of receipt of an application for a minor subdivision the Board shall make a determination whether the application qualifies as a minor subdivision as defined herein. If the Board determines that the application is not for a minor subdivision the applicant shall be notified and may resubmit the subdivision application as a major subdivision. c. Within a reasonable time of receipt of an application for site plan review in the multiple housing or commercial district pursuant to paragraph A (1) above, the Planning Board shall hold a public hearing. The hearing shall be advertised in the newspaper of general circulation in the Village at least ten days before such hearing. The applicant shall notify all contiguous property owners of the proposed use by mail at least five days before the date of the hearing, and shall provide proof of such mailing to the Planning Board. No public hearing shall be required for a minor subdivision. d. Within a reasonable time from the date of the public hearing, or of submission of the application for a minor subdivision, the Planning Board shall deny or approve, with or without modification, the site plan submitted for review. An approved site plan will be endorsed by the Planning Board Chairman or someone authorized by the Board to endorse the plan in the Chairman’s absence. After the Planning Board has approved and endorsed the site plan, one copy of the plan must be filed by the sub-divider with the Village Clerk e. Approval of the site plan by the Board shall be a necessary prerequisite for issuance of a building permit by the Village Zoning Officer. 4. Site Plan Requirements. a. Site Plan for Land Use in Multiple Housing or Commercial District. i. A field survey of the boundary lines of the property. made and certified to by a licensed land surveyor, showing date, north point, map scale, and name and address of record owner. ii. The location of any and all buildings, streets, walkways, driveways and landscaping. iii. A general indication of existing natural features including topography, streams, water bodies, ditches, buildings, large trees and tree masses and other significant aspects of the environment. iv. Architectural drawings, if deemed appropriate by the Board. v. Such other information as reasonably required by the Board. b. Site Plan for Minor Subdivision. i. A field survey of the boundary lines of the property, made and certified to by a licensed land surveyor, showing date, north point, map scale, and name and Village of Cayuga Heights Articles Page 61 address and address of record owner. The corners of the tract and each lot shall be located on the ground and marked by measurements, and shall be shown on the plan. ii. The proposed lines, width, depth and area of each proposed lot. iii. A general indication of existing natural features including topography, streams, water bodies, ditches, buildings and large trees and tree masses, and other significant aspects of the environment. 5. Written Statement In an application for site plan review in a Multiple Housing or Commercial district pursuant to paragraph A (1) above, the applicant shall submit a written statement containing the following information: 1. The character and purpose of the proposed use. 2. A description outlining how the proposed development meets the factors set forth in paragraph A (1) above. B. Approval of Plats for Major Subdivision A major subdivision of land is a subdivision which does not qualify as a minor subdivision, as defined in paragraph A (2) above. 1. Approval of Plats. The Planning Board shall be empowered to review and approve plats showing lots, blocks or sites, with or without streets or highways, and to conditionally approve preliminary plats. 2. Procedure. The Planning Board shall act in accordance with the requirements set forth in Sections 7-728, 7-730 and 7-732 of the Village Law, and such regulations as established from time to time by the Planning Board. 3. Cluster Development. The Planning Board shall be authorized to modify applicable provisions of the Zoning Ordinance to allow flexibility design and development of land, subject to the conditions set forth in Section 7-738 of the Village Law and such other conditions as the Board of Trustees may determine by resolution. SECTION 25. ANTENNAS, REGULATING INSTALLATION AND MAINTENANCE OF WITHIN THE VILLAGE OF CAYUGA Section 1. Findings and Purpose The Board of Trustees of the Village of Cayuga Heights have become concerned about the appearance and impact of antennas. The Board finds that, unless regulated, antennas can be installed in an aesthetically unpleasant manner with an adverse impact on surrounding property values and the enjoyment and use of surrounding properties. The intent and purpose of this local law is to establish a procedure and criteria to avoid the adverse impacts of the installation of all antennas and to preserve the character, beauty and general welfare of the municipality. Village of Cayuga Heights Articles Page 62 Section 2. Application and Procedure Any antenna installed on any building or separate there from is considered a structure requiring issuance of a building permit by the building inspector. Any antenna located on the ground must be screened from the roadway by foliage, fencing or walls, as approved by the building inspector. No antenna shall be located on any trailer or portable device. No antenna shall be located in any front yard as defined by the zoning ordinances of the Village and shall be considered as an accessory structure requiring compliance with all minimum yard requirements. Section 3. Penalties for Violation Where a violation of this local law is determined to exist, the Zoning Officer shall serve, by registered mail or personally, on the owner, agent or contractor of the subject premises or on the lessee or tenant of the subject premises a notice of violation requiring the removal of the violation within 10 days after service of the notice. If the person or persons notified shall fail to remove the violation within the allotted time period, the Zoning Officer shall commence appropriate proceedings before the Justice Court of the Village of Cayuga Heights. The municipality may take any appropriate action or proceeding in addition to the aforesaid remedy, including proceeding by any available remedy. Failure to comply with the provisions of this local law shall be deemed a violation and the violator shall be subject to a fine of not more than $50.00 for each violation and each day’s failure to comply shall be deemed a violation. Section 4. Effective Date This local law shall take effect upon enactment and publication in the manner provided by law. Village of Cayuga Heights Articles Page 63 SECTION 26. PLANNED UNIT DEVELOPMENT TABLE OF CONTENTS A. PURPOSE B. REQUIREMENTS 1. Minimum Acreage 2. Permitted Land Use 3. Density 4. Size or Lots 5. Yards 6. Height of Building 7. Building Coverage 8. Natural Features 9. Storm Water Runoff 10. Site Planning Requirements 11. Special Circumstances C. FACTORS TO BE CONSIDERED IN REVIEWING APPLICATION D. PREAPPLICATION CONFERENCE AND CONCEPT PLAN E. PRELIMINARY APPROVAL 1. Preliminary Development Plan 2. Description of the Development 3. Public Hearing 4. Procedure for Preliminary Approval F. FINAL APPROVAL 1. Application 2. Final Development Plan 3. Contents of Plan 4. Construction Drawings 5. Financial Plan 6. Action on Final Development Plan G. WARRANTIES AND FEES 1. Performance Guarantee 2. Warranty of Work and Materials 3. Review and Inspection Fee Village of Cayuga Heights Articles Page 64 PLANNED UNIT DEVELOPMENT A. PURPOSE The purpose of a Planned Unit Development is to introduce a degree of flexibility in conventional land use and design regulations which will encourage development in an imaginative and innovative way while ensuring efficient investment in public improvements, a more desirable environment, and protection of community interest. A Planned Unit Development is primarily intended for residential development, but may include accessory commercial and recreational development. B. REQUIREMENTS 1. Minimum acreage 2. 20 acres a. Residential land uses Permitted land uses b. Non-residential land use when: i. Such use will contribute to quality of proposed development for the area. ii. Such use will enhance the surrounding neighborhood in terms of open space, vehicular and pedestrian traffic movement, landscaping, preservation of natural features and an improved living environment. c. Commercial land use when: i. Such use is integral with, but clearly ancillary to, residential use of the site. ii. Such use will not create a consumer market that routinely extends beyond the area of the Planned Unit Development. 3. The number of dwelling units provided in a Planned Unit Development shall not exceed the number of units that would be permitted by regulations of the underlying district. For purposes of this Ordinance, a dwelling unit shall mean a dwelling or residence containing one or more rooms designed or used for human habitation and providing living accommodations that include separate eating, sleeping and bathroom facilities for each family or household residing therein. Density 4. Lot size shall be specified in an approved Planned Unit Development. Size of Lots 5. No structure shall be located less than 75 feet from any public road right-of-way line existing at the time of the PUD application, or 100 feet from any other existing property line bordering the PUD, or as otherwise approved in an approved Planned Unit Development. Yards 6. Unless otherwise approved by the Board of Trustees, no building shall be more than two stories high and no building shall exceed a height of 30 feet from the average finished grade to average height between the eaves and ridgeline of a pitched roof or the highest point of a flat roof. This height limit shall not apply to necessary mechanical or electrical equipment, skylights, flagpoles, light poles and similar site amenities approved by the Board of Trustees. Height of Buildings Village of Cayuga Heights Articles Page 65 7. The total land coverage for all buildings in the Planned Unit Development shall not exceed the coverage requirements of the underlying district. Building Coverage 8. Existing natural features on the site shall be preserved to the maximum extent feasible and incorporated into the site design. Natural Features 9. In general, the rate of storm water runoff from the Planned Unit Development site after development is complete shall not exceed the rate that would normally occur under a natural undeveloped condition as calculated for a fifty (50) year storm. Storm Water Runoff 10. a. Site Planning Requirements Roads. b. All proposed roads in a Planned Unit Development shall be designed and constructed in accordance with standards approved by the Village Engineer. Service Areas. c. Loading and service areas that face or are visible from a public road, including areas for the storage of solid waste and trash, shall be screened from public view by a vertical screen at least six feet high. A landscaped buffer strip or a combination of landscaping and fencing may be used to provide the required screening. Public Transit and Parking. d. The Board of Trustees shall be satisfied that appropriate provisions are provided for public transit and that an adequate amount of off-street parking will be provided for the proposed use. No off- street parking space shall be located less than twenty-five feet from any existing property line. All parking areas containing more than four spaces shall be landscaped. Underground services. e. All electric, telephone and television lines and cables shall be placed underground. All access points shall be landscaped in a manner approved by the Board of Trustees. Lighting. f. Adequate site lighting shall be provided and shall be designed and located so that it does not produce glare on adjacent properties and does not impede the vision of traffic on adjacent roads. Access Drives. g. Multiple and extra-wide driveways shall be avoided. Access drives that do not provide safe sight distances shall not be permitted. Access drives shall intersect existing roads at a ninety degree angle and shall not have a slope of greater than five percent for a distance of sixty feet from the intersection of centerlines. Intersections. h. On- and off-site intersections shall be designed to accommodate the expected traffic safely. Turning lanes, deceleration lanes, by-pass lanes and other safety measures shall be provided as required by the Board of Trustees. Signs. One identification sign shall be permitted. Such sign may be two- sided but shall have a total area of no greater than sixteen square feet per side. If lighted, the effects of lighting on automobile drivers shall be Village of Cayuga Heights Articles Page 66 considered. Lighting shall not produce glare on roads or adjacent properties. i. Operation. j. No offensive noise, traffic, odor, smoke, dust, heat, glare, electrical disturbance or other pollutants shall be produced by the normal operating conditions of the proposed Planned Unit Development. Landscaping.The number of trees to be planted in the Planned Unit Development shall be at least equal to the number of trees removed for development purposes. 11. When the Board of Trustees determines that due to unusual circumstances of a particular site the requirements set forth above are not necessary, in the interest of public health, safety and general welfare, the Board of Trustees may modify such requirements subject to any conditions it may wish to impose. Special Circumstances C. FACTORS TO BE CONSIDERED IN REVIEWING APPLICATION 1. Impact on existing and planned capacity of infrastructure system, including but not limited to roads, water, sewer, energy and drainage. 2. Whether the proposed development promotes the orderly growth and sound development of the community, and whether a need exists for the proposed development. 3. The extent to which the plan departs from the zoning regulations applicable to the property in terms of bulk, density, and permitted uses. 4. The existing character of the neighborhood and the relationship, beneficial or adverse, of the proposed development to this neighborhood. 5. The consideration given to pedestrian circulation within and outside the development and provision for open space. 6. Traffic circulation features within the site, including the amount of, location of, and access to automobile parking. 7. The amount of traffic generated and provisions for adequately handling or mitigating such volumes, and the nature and suitability of the connecting road or highway system to absorb anticipated changes. 8. The provisions for storm water runoff, sanitary and solid waste disposal and other utilities on and adjacent to the site. 9. Provision for access for emergency services. 10. Any other factor reasonably related to the general health, welfare and safety of the community. D. PRE-APPLICATION CONFERENCE AND CONCEPT PLAN The Board of Trustees shall schedule a pre-application conference to discuss general development concepts of the proposed Planned Unit Development. The developer should present information that would most help the Board of Trustees gain a full understanding of the proposal. Information to be submitted should include: 1. Base map locating the project site and showing the immediately surrounding neighborhood. Village of Cayuga Heights Articles Page 67 2. General analysis of existing site characteristics (topography, soils, floodable land, natural features, environmentally sensitive areas, exceptional views, drainage areas, etc.) 3. Narrative description of the proposed development including land use types, densities, utility needs, traffic expectations, site amenities (open space, recreation areas, general massing of landscaped areas, etc.), construction phasing, general architectural character, restrictive covenants, etc. 4. A concept plan generally indicating the approximate location of existing and proposed buildings, parking and service areas, patterns of vehicular and pedestrian movement, the provision of utilities, site amenities, and any other information that will help to explain the development concept. E. PRELIMINARY APPROVAL The developer shall file 14 copies of an application for preliminary approval of a Planned Unit Development by the Board of Trustees with the Village Clerk, with an application fee of $250.00. The application shall contain the following materials: 1. Preliminary Development Plan The plan shall be prepared at a scale of no more than one hundred feet to the inch, and shall show the following: a. An actual field survey of the boundary lines of the tract, giving complete descriptive data by bearings and distances, made and certified to by a licensed land surveyor. The corners of tract shall also be located on the ground and marked by substantial monuments of such size and type as approved by the Village Engineer, and shall be referenced and shown on the plan. b. Proposed development name, name of Village, Town and County in which it is located, date, true north point, scale, name and address of record owner, developer and Engineer or Surveyor, including license number and seal. c. The names of the owners of record of all adjacent property as disclosed by the most recent municipal tax records. d. All parcels of land proposed to be dedicated to public use. e. The location of proposed buildings, indicating size and height. f. An analysis of how site planning is affected by existing soils in the development area, including wetlands, floodable areas, depth to bedrock and the seasonal water table. g. Proposed landscaping treatment for open areas, buffer areas, roads, and areas around and between structures indicating plant species and the approximate size of trees to be used. h. Location of existing property lines, easements, road rights-of-way, water courses and drainage ways, wetlands, rock outcroppings, wooded areas, single trees outside wooded areas with a diameter of 4 inches or more as measured 3 feet above the base of the trunk, and other significant existing features related to the proposed planned unit development area and adjacent property. i. Location of existing sewers, water mains, culverts and drains on the property, with pipe sizes, grades and direction of flow. Village of Cayuga Heights Articles Page 68 j. Existing contours with intervals of five feet, or two feet for areas with grades less than 5 percent. k. The width and location of any existing roads or public ways or places on or adjacent to the property, and the width, location, proposed grade and typical cross-section of all private or public roads or public ways proposed by the developer. l. The approximate location and size of all proposed water lines, valves, hydrants, sewer lines and fire alarm boxes. Connection to existing lines or alternate means of water supply or sewage disposal and treatment as provided in the Public Health Law. Appropriate profiles of all proposed water and sewer lines. m. A storm water drainage plan showing the calculated volume of storm water run-off, the approximate location, size and grade of proposed storm sewers, catch basin locations with approximate inverts, the location and design of proposed detention or retention facilities, if any, with connections to existing drainage ways or proposed alternate means of disposal. n. Site improvements including the approximate location and grade of walkways, with typical cross-sections, the location and type of site lighting fixtures, provisions for fire protection, special landscaping features, outdoor recreation facilities and similar site amenities. o. Preliminary designs of any bridges or culverts which may be required. p. Where applicable, the proposed lot lines with approximate dimensions and area of each lot. q. A written erosion control plan, indicating what, when and how control measures will be installed. 2. Description of the Development The developer shall submit written materials containing the following information: a. A written explanation of the character and purpose of the planned unit development, including the type and density of housing proposed and a description of the nature and extent of any nonresidential and commercial land uses proposed. b. A statement of proposed financing, including proposed sources of funds and guarantees that the work will be completed as proposed. c. An indication of the expected timetable for development. d. A description outlining how the proposed development meets the objectives of a Planned Unit Development. e. Description of land to be dedicated for public use and any conditions related thereto. f. Proposed covenants or deed restrictions. g. The manner and extent to which the proposed development varies from the zoning provisions of the underlying district. h. Drawings and narrative describing the architectural character of proposed buildings. i. An environmental impact statement. 3. Public Hearing Village of Cayuga Heights Articles Page 69 Within sixty (60) days after the receipt of the application, a public hearing shall be held, unless a different date is agreed to between the Board of Trustees and the developer. The Village Clerk shall send written notice to all owners of Village property contiguous to the boundaries of the property under consideration. The notice has to be mailed at least ten days in advance of the hearing. The public hearing may be continued or adjourned from time to time by the Board of Trustees. 4. Procedure for Preliminary Approval a. When the application is received, a copy of the proposal shall be referred to the Tompkins County Planning Department in accordance with sections 239-1 and m of Article 12-B of the General Municipal Law. b. The environmental review process shall be completed prior to final decision on the application. c. Within sixty (60) days from the date of the public hearing and completion of the environmental review pursuant to 4.b. above, the Board of Trustees shall make a final decision on preliminary approval of the application. The Board may grant or deny preliminary approval, or may grant approval of the application with or without specified conditions to be met by the developer. The Board of Trustees shall determine the amount and terms of a Review and Inspection Fee established pursuant to Sec. G.3. herein at the time of making a final decision on preliminary approval. The time frame for such final decision to the Board of Trustees may be extended by agreement between the Board of Trustees and the applicant. d. If preliminary approval is granted by the Board of Trustees, the zoning map shall, by such approval, be amended to establish and define the boundaries of the Planned Unit Development. F. FINAL APPROVAL 1. Application The developer shall, within six (6) months of receiving preliminary approval, submit an application for approval of the final development plan to the Board of Trustees. The Board may extend the period for submission of the final development plan by no more than an additional six months upon application of the developer and upon good cause. The application shall be accompanied by a filing fee of $250.00. If the application for final approval is not submitted within six (6) months after the conditional approval of the preliminary development plan or within the extended period), the Board may refuse to approve the final development plan and require resubmission of the preliminary development plan. 2. Final Development Plan Twelve copies of the final development plan shall be submitted. The size of the sheet shall be 8-1/2 inches by 11 inches, minimum or 34 inches by 44 inches maximum, including a margin for binding. The plan shall be drawn at a scale no smaller than 100 feet to the inch and oriented with the north point at the top of the sheet. Where more than one sheet is required, an additional index sheet of the same size shall be filed showing, to scale, the entire planned development. Village of Cayuga Heights Articles Page 70 3. Contents of Plan The final development plan shall contain the following items, in addition to all data required for the preliminary development plan and not specified below: a. The name of the development and the Village, the name and address of the record owner and developer, the name, license number and seal of the land surveyor, project engineer, architect and landscape architect. b. Road right-of-way lines, pedestrian ways, lots, reservations, easements, and areas to be dedicated to public use. c. Final plans showing location, size and species of proposed landscaping. d. Sufficient data acceptable to the Village Engineer to determine readily the location, bearing and length of every proposed road, lot line and boundary line, and to reproduce such lines upon the ground. Where applicable, these should be referenced to monuments included in the State system of plane coordinates, and in any event should be tied to reference points previously established by a public authority. e. The length and bearing of all straight lines, tangents, radii, length of curves and central angles of all curves shall be given for each road. All dimensions and angles of the line of each lot shall also be given. All dimensions shall be shown in feet and decimals of a foot. The plan shall show the boundaries of the property, location, graphic scale and true north point. f. The plan shall also show by proper designation thereon all public open spaces for which deeds are included and those spaces title to which is reserved by the developer. For any of the latter, there shall be submitted with the final development plan copies of agreements or other documents showing the manner in which such areas are to be maintained and the provisions made therefore. g. Permanent reference monuments shall be shown, and shall be constructed in accordance with specification of the Village Engineer. When referenced to the State system of plane coordinates, they shall also conform to the requirements of the State Department of Transportation. They shall be placed as required by the Village Engineer and their location noted and referenced upon the plan. h. Where separate lots are being created, all lot corner markers shall be permanently located in accordance with New York State licensed surveyor’s standards. i. For all roads that are proposed to be conveyed to the Village, monuments of a type approved by the Village Engineer shall be set at all road intersections, angle points, tangent points of curves and such intermediate points as shall be required by the Village Engineer. 4. Construction drawings. Unless additional copies are required by the Village Engineer, the final development plan shall include four copies of the following: a. Plans, profiles and typical cross-sections, as required, to show the proposed location, size and type of proposed roads, walkways, road lighting standards, street trees, curbs, water mains, sanitary sewers and Village of Cayuga Heights Articles Page 71 storm drains, pavements and sub base, manholes, catch basins, and design drawings for bridges, culverts and similar structures. b. Profiles for proposed roads showing the existing natural grade, typical cross-sections, centerlines of intersecting roads and a centerline profile with dimensions on vertical curves and notation as to gradient and critical elevations. c. The location and invert profile of all storm and sanitary drainage structures (manholes, catch basins, etc.) in road rights-of-way and in drainage easements. d. Profile drawings shall be drawn with a vertical scale of one inch equals fifty feet and a horizontal scale of one inch equals ten feet unless otherwise approved by the Village Engineer. 5. Financial Plan. The final development plan shall contain evidence that financing for the proposed construction is available and sufficient for completion of the project and for guarantees that the work be completed as proposed. 6. Action on the Final Development Plan. a. Within sixty (60) days of receipt of the final application, the Board of Trustees shall disapprove or approve the final development plan, or approve the plan on condition that alterations be made. The time period for Board action may be extended by mutual agreement between the Board and the developer. b. Upon approval of the final development plan, the Board of Trustees may authorize and direct the mayor to sign the final development plan and the zoning officer to issue a special permit. Thereafter, the developer shall file the plan in the office of the County Clerk and may proceed with construction of the planned unit development. c. Final approval shall be conditional upon compliance with applicable requirements of Sec. G.1 and 2 below. d. No final development plan shall be altered or revised after it has been given approval and duly endorsed, except that changes that may become necessary during construction may be made after review and approval by the Board of Trustees. e. Upon completion of any phase of the development, the zoning officer will, upon request of the applicant, make a final inspection thereof. If the zoning officer finds all work concerning construction and site improvements complete and in compliance with the approved final plan and all other applicable codes, laws, ordinances, rules and regulations, the zoning officer shall issue a certificate of compliance. In the event all proposed work has not been properly completed, or is not consistent with the approved final plan for which a special permit was issued, the zoning officer shall refuse to issue a certificate of compliance and shall notify the developer of the violations to be corrected. f. Notwithstanding subsection e. above, the Board of Trustees may, upon request by the developer, authorize and direct the zoning officer to issue a Village of Cayuga Heights Articles Page 72 temporary certificate of compliance if such issuance would not endanger life, safety or the public welfare. g. If construction of the project does not commence within one (1) year of the date that the Board of Trustees authorized issuance of a special permit, or if at any time construction is interrupted for a period in excess of one 1) year, the Board of Trustees may revoke the Planned Unit Development designation. Once revoked, the original zoning classification for the parcel shall be reinstated, and if the developer wishes thereafter to continue with the project, the Planned Unit Development application and process shall begin anew. The time period to commence construction may be extended by the Board of Trustees upon good cause shown. G. WARRANTIES AND FEES 1. Performance Guarantee a. Estimate. As a condition of final development plan approval, the developer shall submit a preliminary estimate of the cost of all roads, sanitary sewers, water systems, storm drains, culverts, walkways and other infrastructure improvements that are to become the responsibility of the Village. Such cost estimate shall be submitted to the Village Engineer together with a copy of the final development plan. b. Form of Guarantee. The developer shall file with the Village Clerk a performance guarantee in an amount to be determined by the Board of Trustees as adequate to cover the cost of completing all infrastructure improvements that are to become the responsibility of the Village Attorney, as set forth in subsection a. above. Such guarantee may be in the form of performance bonds, escrow agreements, letters of credit or similar collateral or surety agreements approved by the Village Board and village Attorney as to form, sufficiency and manner of execution. c. Additional Conditions. The performance guarantee shall be so written to allow the Village to draw from the funds to perform any and all work covered by the guarantee if the developer does not diligently, systematically and expeditiously perform the work. If the developer fails to perform in accordance with Village standards and specifications, or those incorporated in the approved final development plan or subdivision plan, then the Village shall give written notice of such failure and the developer shall, within fifteen (15) days, correct and properly perform as provided for in such notice. If the developer fails to correct and perform the work within such fifteen (15) day period, as set forth in the notice, the Village shall have the authority to do the work and be reimbursed for the cost thereof from the performance guarantee. 2. Warranty of Work and Materials. Village of Cayuga Heights Articles Page 73 a. For all infrastructure improvements that are to become the responsibility of the Village, the developer shall warrant all work performed and materials furnished against defect, failure, inadequacy or breakage for a period of two (2) years from the date of completion of the project or any phase of it if done in phases. In the event of such defect, failure, inadequacy or breakage during said warranty period, the developer shall make the necessary repairs or replacements within two days of receiving written notice thereof from the Village. b. The form, amount and terms of such warranty shall be approved by the Board of Trustees. c. It shall be the developer’s responsibility to notify the Village forty-five 45) days prior to the end of the warranty period. The Village will make a final inspection and notify the developer of corrections or repairs that must be made as part of the warranty. If such work is not completed by the developer the Village shall make the necessary repairs or replacement and deduct all costs therefore from the warranty funds. 3. Review and Inspection Fee. a. A review and inspection fee shall be paid by the applicant for review of a Planned Unit Development application, including plans, architectural and engineering design, specifications and similar materials, field inspections and approvals required by regulations. Such fee is intended to cover the cost of professional and administrative services, including but not limited to architectural fees, engineering fees, legal fees and other consulting and inspection fees incurred by the Village in its review of a Planned Unit Development application. b. The amount of such review and inspection fee shall be determined by the Board of Trustees after receipt of the application for preliminary approval of a Planned Unit Development. Such review and inspection fee, or a letter of credit therefore, shall be submitted to the Village Clerk prior to the date of the public hearing on the application for preliminary approval and shall be drawn against to pay for Village costs related to the project. c. The Village shall document the nature and amount of any charges against the review and inspection fee. Any funds that have not been used when Village reviews and inspections are concluded shall be returned to the developer. If the Village incurs costs for review and inspection of the project that exceed the amount initially deposited by the developer, the developer will, upon due notification by the Village, provide an additional amount to cover such costs. 1/15/93 Re-adopted, amended & revised 3/1/62; Thereafter amended: 5/62; 8/1/65; 9/1/65; 4/20/66; 6/15/66; 11/1/76; 1/4/80; 2/85; Local Law #1, 1986; Local Law #2, 1987; Local Law #2, 1988; Local Village of Cayuga Heights Articles Page 74 Law #1, 1989; Local Law #2, 1992; Local Law #1, 1993; Local Law #2, 1993; Local Law #4, 1993; Local Law #3, 1998.