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HomeMy WebLinkAboutVOG - Curb cuts BOARD OF TRUSTEES VILLAGE OF GREENPORT NOTICE OF REFERRAL Re: Local Law of 2022 of the Village of Greenport (Attached) To amend Chapter 150 Zoning and Chapter 115 Streets and Sidewalks to amend the regulations regarding curb cuts in the Village. Summary: This local law would Create Section 150-30.2 and amend Section 11 5-113(J) of the Greenport Village Code to amend the regulations regarding curb cuts in the Village of Greenport. Status: The Board of Trustees has set a public hearing on this local law► for March 24, 2022 at 7':00 p.m. at the Third Street Firehouse, Village of Greenport, New York. SEQRA: There has been no lead agency designation or classification as of this time, however it is expected that the Board of Trustees of the Village of Greenport will serve as lead agency and that the consideration and possible action on the local law will' be classified as an Unlisted Action:. Please provide any comments within forty-five (45) days from the date of this notice to the Greenport Village Clerk. Note that this referral is made to the Greenport Village Planning Board pursuant to Section 15,0-32 of the Greenport Village Code and' that pursuant to that section a report conforming with the requirements of Section 150-33(A) of the Greenport Village Code must be made by the Village Planning Board to the Board of Trustees within 45 days of the Village Planning Board's next scheduled meeting. Dated: March 1, 2022 Board of Trustees Village of Greenport Attn.: Sylvia Pirillo, Village Clerk 236 Third Street Greenport, New York 11944 To: Village of Greenport Planning Board Village of Greenport Historic Preservation Commission Suffolk County Department of Planning New York State Office of Parks and Historic Preservation New York State Department of Transportation Town of Southold February 10, 2022 LOCAL LAW NO. OF THE YEAR 2022 A LOCAL LAW CREATING SECTION 150-30.2 REGARDING CURB CUTS AND AMENDING SECTION 115-13J OF THE GREENPORT VILLAGE CODE BE IT ENACTED BY THE BOARD OF TRUSTEES OF THE INCORPORATED VILLAGE OF GREENPORT AS FOLLOWS: Section 1.0 Title, Enactment, Effective Date, Purpose and Intent. 1.1 Title of Local Law 1.2 Enactment. 1.3 Effective Date. 1.4 Purpose and Intent of Local Law, 2.0 General Provisions. 2.1 Creating Section 150-30.2. 2.1 Amendment of Section 115-13.1. 3.0 Severability. 1.1 Title. This Local Law shall be entitled "Local Law of 2022 Creating, Section 150-30.2 Curb Cuts and Amending Section 115-13J of the Greenport Village Code". 1.2. Enactment. Pursuant to Section 10 of the Home Rule Law and the Village Law of the State of New York, the Incorporated Village of Greenport, County of Suffolk and State of New York, hereby enacts by this Local Law of 2022, a Local Law of the Village of February 10, 2022 Greenport. 1.3. Effective Date. This Local Law shall take effect on the filing of the approved Local Law with the Secretary of State of the State of New York, which shall be within twenty (20) days after its, approval by the Board of Trustees of the Incorporated Village of Greenport. 1.4 Purpose and Intent of Local Law. The purpose and intent of this Local Law is to create and orderly process for the creation or modification of curb cuts in the Village of Greenport. 2.0 General Provisions. 2.1 Creation of Section 150-30.2 Section 150-30.2 of the Greenport Village Code is hereby created to read as follows: "150-30-2 Curb Cuts Aprons Rules &Regulations 150-2Q.2LA); Permit Required for Curb Cuts A person shall not, either at their own expense or on behalf of another person,make, construct or reconstruct, locate or relocate, relay or repair a driveway or curb,cut abutting a Village street without first obtaining a Curb Cut Permit to be issued by the Village of Greenport Code Enforcement Official, or other village employee so designated by the Village Administrator, after approval of the permit application by the Greenport Village Planning Board. 150-39.2M Construction Specifications All curb cuts and driveways shall be constructed as detailed in the plan and specifications included with the application that is approved by the Village. 150-30.2 C Materials for Curb Cuts &Aprons All aprons and curbs cuts must be constructed in concrete. 2 A Q M February 10, 2022 i 150-30.2(D)Application for Curb Cut Permit i Each application for a permit shall be signed and acknowledged by the applicant and a shall set forth a filly dimensioned site plan showing the existing and proposed driveways,curb y a �' and sidewalks of the subject property and for the properties located on each side of the subject property. The applicant may only be the owner of the property or a person employed or contracted by the owner with written authorization signed by the owner with the owner's a signature notarized. d Section 150-30.2 E Plannin Board Review The Planning Board shall review each application and shall approve the issuance of such; I perrnit upon compliance by the .applicant with the provisions of the Village Code provided and i " the Village Planning Board shall determine that: 1. The proposed driveway entrance or curb cut will not interfere with the orderly and reasonable use of the adjacent properties or the properties across the street from the subject properties. 2. The proposed driveway entrance or curb cut will not create undue interference with vehicular traffic in the adjoining roadway. 3. The proposed curb cut and driveway entrance or curb cut will not adversely affect the health, safety, welfare, comfort, or convenience of the inhabitants of the town. 4Any other condition considered relevant by the Planning Board. 5. The issuance of a permit as provided herein does not constitute a waiver of any requirements respecting the subject property which may exist pursuant to statute, local law, or ordinance. 3 February 10, 2022 150-30.20 Fees A. For a residential or noncommercial curb cut permit, the application fee shall be$55 for each single-car-width driveway (10 foot maximum) or$75 for each double-car width driveway(greater than 10 foot width, with an 18 foot maximum). For a commercial permit, the application fee for each commercial-use driveway shall be $300. See Section 150-30.2(H) for commercial specifications. Section 150-30.2 F Driveway/Curb Cut SIDecifications Residential Each curb cut and driveway for noncommercial use constructed under a permit issued pursuant to this chapter shall be constructed in accordance with the following specifications: I Curb cuts for dwellings shall be no greater than 10 feet for one-car access at the curb line. 2. Curb cuts for dwellings shall be no greater than 18 feet for two-car access at the curb line. 3. For a comer property, the minimum distance permitted between any curb cut and the property line forming the adjoining street extended to the curb line shall be 25 feet. 4. A minimum distance of three feet from the side property lines shall be maintained at the curb line for all curb cuts. 5. Curb cuts for connected or U-shaped driveways shall comply with the following requirements,: a. Curb cuts for purposes of connected or U-shaped driveways shall require not less than 50 linear feet minimum frontage on a street or highway. b. Each connected or U-shaped driveway permitted under this subsection 4 February 10, 2022 shall consist of either two ten-foot curb,cuts, or one ten-foot curb cut and one eighteen- foot curb, cut. C. A minimum of 18 feet shall be required between curb cuts. Section 150-3 1.2(43) A justinia Existipg-Curb Cuts An existing curb cut may be supplemented by not more than one additional single-width ten-foot curb cut, provided that the proposed additional curb cut be located not less than 18 feet from the existing curb cut at the curb line, and the application otherwise meets all other requirements. An existing 10-foot curb cut for an attached garage may be widened to an 18-foot curb cut when the application otherwise meets all other requirements herein. Section 150-30.,2(H) CoinmercialDriveway& Curb Cut Specifications Each curb cut and driveway for commercial use constructed under a permit issued shall be constructed in accordance with the following additional specifications: 1. Normal curb cuts for commercial use shall be not greater than 25 feet at the curb line. 2. For a comer property, the minimum distance permitted between any commercial-use curb cut and the property line forming the adjoining street extended to the curb line shall be 10 feet. 3. A minimum distance of 5 feet from side property lines shall be maintained at the curb line for all commercial-use curb cuts. 4. Commercial-use curb cuts may be supplemented by additional commercial- use curb cuts, provided that all such curb cuts are not less than 25 feet one from the other at the curb line, and the application otherwise meets all other requirements. 5 February 10, 2022 Section 150-30.2(1) Failure to Complete:Permit Requirements Each permit shall authorize the Village of Greenport to complete the repair, construction, or reconstruction of driveway entrances and curb cuts whenever the Village finds reasonable cause to conclude that the applicant fails,refuses, or neglects to complete such repair, construction, or reconstruction. The Village shall be reimbursed for the cost of such repair, construction, or reconstruction by assessment against, and collection from,the lots or parcels of land where such work was performed or services rendered for so much of the actual and complete costs as incurred upon and from each lot or lots." 2.2 Amendment of Section 115-13J Section 115-1.3J of the Greenport Village Code shall be amended to read as follows-, "115-13J; Curb cuts and driveway openings. Any curb cut or driveway opening proposed in the Village of Greenport onto a street owned by the Village of Greenport will be considered a road opening and will be granted only upon the approval of the Greenport Village Planning Board and the:Code Enforcement Official of the Village of Greenport as provided in section 150-30.2. Any decision of the Planning Board pursuant to this section may be appealed to the Village Board of Trustees within 60 days of the filing of the Planning Board's decision with the Village Clerk." 3.0 Severability In the event that any section or portion of this Local Law or Chapter,shall be deemed void or not effective,the remaining provisions of this Local Law and Chapter shall remain in full force and effect. 6 Short Environmental Assessment Form Part I -Project Information Instructions for Cqmplefing Part I—Project Information. The applicant or project sponsor is responsible for,the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to farther verification. Complete Part I based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1.You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part I—Project and Sponsor Information Board of Trustees,Village of Greeen port,consideration and possible action on a local law of 2022 amending curb cut regulations Name of Action or Project: LocalLaw of 2022 amending curb cut regulations Project Location(describe,and attach a location map): Village of Greenport Brief Description of Proposed Action: Consideration and possible action on a local law of 2022 amending curb cut regulations. Name of Applicant or Sponsor: Telephone: 631 47'7 1243 Board of Trustees,Village of Greenport E-Mail: Address: 236Third Street City/Po: t—state: Zip Code: Greenport NY 11944 1. Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YE,S administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part Z. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other government Agency? NO YES If Yes,list agency(s)name and pen-nit or approval: 3. a.Total acreage of the site:of the proposed action? acres b.Total acreage to be physically disturbed? acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? acres 4. Check all land uses that occur on,are adjoining or near the proposed action: E3 Urban El Rural(non-agriculture) 0 Industrial E] Commercial El Residential(suburban) Forest [] Agriculture F'J Aquatic E3 Other(Specify): Parkland Page I of 3 SEAT'2019 5. Is the proposed action, —F—NO YES N/A a. A permitted use under the zoning regulations? b, Consistent with the adopted comprehensive plan? M El 6. Is the proposed action consistent with the predominant character of the existing built or natural landscape? NO YES— D 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify; 8. a. Will the proposed action result in a substantial increase in traffic above present levels? NO YES b. Are public transportation services available at or near the site of the proposed action? El El action? 0- c. Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed El 9. Does the proposed action meet or exceed the state energy code requirements? NO YES ES If the proposed action will exceed requirements,describe design features and technologies: F-1 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: 11. Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: EJ : El 12. a.Does the project site contain,or is it substantially contiguous to,a building,archaeological site,or district NO YES which is listed on the National or State Register of Historic Places,or that has been determined by the Commissioner of the NYS Office of Parks,Recreation and Historic Preservation to be eligible for listing on the State:Register of Historic Places? b.Is the project site,or any portion of it,located in or adjacent to an area designated as sensitive for El 1:1 archaeological sites on the NY State Historic Preservation Of (SHPO)archaeological site inventory? 11 a. Does any portion of the site of the proposed action,or lands adjoining the proposed action, contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? 0— b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? EL If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: Page 2 of 3 14. Identify the typical habitat types that occur on,or are likely to be found on the:project site.Check all that apply, MShoreline EJ Forest Agricultural/grasslands [3 Early mid-successional MWetland EJ Urban ❑ Suburban 15. Does the site of the proposed action contain any species of animal,or associated habitats, listed by the State or NO YES Federal,government as threatened or endangered? 16. Is the project site located in the 100-year flood plan? NO YES El 0 17, Will the proposed action create storm water discharge,either from point or non-point sources? 50 YET If Yes, El El a. Will storm water discharges flow to adjacent properties? El 0- b, Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes, briefly describe: El El —777777 18. Does the proposed action include construction or other activities that would result in the impoundment ofwater NO YES or other liquids(e.g.,retention pond,waste lagoon,dam)? If Yes,explain the purpose and size of the impoundment: .19. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste NO YES management facility? If Yes,describe: 20.14as the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed) for hazardous waste? If Yes,describe: EJ I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE, AND ACCURATE TO THE BE,ST OF WKNOWLEDGE Applicant/sponsor/name: Date,:, 14 Signature: Title: Page 3 of 3 Agency Use Only[If applicable] Project: Date; Short Environmental Assessment Form Part 2 -Impact Assessment Part 2 is to be completed by the Lead Agency. Answer all of the:following questions in Part 2 using the information contained in Part I and other materials,submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur t. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? R1 El 2. Will the proposed action result in a change in the use or intensity of use of land? El 3. Will the proposed action impair the character or quality of the existing community? 4, Will the proposed action have an impact on the environmental,characteristics,that caused the establishment of a Critical Environmental Area(CEA)? 5, Will the proposed action result in an adverse change in the existing level of traffic.orr-71 affect existing,infrastructure for mass transit,biking or walkway? Ln ❑ G. Will the proposed action cause an increase in the use of energy and it fails to incorporate — reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? ✓ El 8, Will the proposed action impair the character or quality of important historic,archaeological, El architectural or aesthetic resources? LN 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater, air quality,flora and fauna)? 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problerns? 11, Will the:proposed action create a hazard to environmental resources or human health? RL. 0 PRINT FORM Pagel of2 SEAF 2019 Agency Use Onl [If applicable] Project: Date: Short Environmental Assessment Form Part 3 Determination of Signiftcance For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3.Part 3 should,in sufficient detail,identify the impact, including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting, probability of occurring,duration,irreversibility,geographic scope and magnitude. Also consider the potential for short- term,long-term and cumulative impacts. F-I Check this box if you have determined, based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) =PRINT FORM Page 2 oft