Village of Massapequa Park, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Massapequa Park 8-25-2003 by L.L. No. 9-2003. Amendments noted where applicable.]
GENERAL REFERENCES
Environmental conservation — See Ch. 136.
Flood damage prevention — See Ch. 158.
Subdivision of land — See Ch. 300.
Zoning — See Ch. 345.

§ 287-1 Purpose; jurisdiction.

The intent and purpose of site plan approval is to ensure that any plot of land affected thereby shall be developed with proper regard for the public health, safety, welfare, comfort and convenience of the public in general and of the occupants and users of the subject land and buildings in particular. The authority to grant final site plan approval rests with the Board of Trustees.

§ 287-2 Applicability; exceptions.

A. 
Prior to the issuance of a building permit in any zoning district for: a new building or structure; or an addition to a building or structure; or for the alteration of a building or structure for any new land use or any altered land use activities requiring a variance or a special permit, the Building Inspector shall require site plan approval in accordance with the provisions of this article. Exceptions to these requirements are:
(1) 
Construction of a one-family dwelling or a two-family dwelling on a single plot;
(2) 
Additions to a one-family dwelling or a two-family dwelling;
(3) 
Permitted accessory buildings or structures to a one-family dwelling or two-family dwelling; and
(4) 
Exterior alterations which do not result in any modification or rearrangement of building coverage or floor area.
B. 
The Building Inspector shall notify an applicant for a building permit in each case where site plan approval is required.

§ 287-3 Sketch plan submission.

A. 
A sketch plan conference shall be held between the Board of Trustees and the applicant prior to the preparation and submission of a formal site plan. The intent of such a conference is to enable the applicant to inform the Board of Trustees of the proposal prior to the preparation of a detailed site plan and to provide the Board of Trustees with an opportunity to review the basic site design concept, to advise the applicant as to potential problems and concerns and to generally determine the information to be required on the site plan.
B. 
In order to accomplish these objectives, the applicant shall provide nine copies of the following to the Board of Trustees:
(1) 
A statement and sketch drawn approximately to scale showing the locations and dimensions of the principal and accessory structures, parking areas (including ingress and egress and curb cuts), signs existing and proposed vegetation and other existing topography and natural features; proposed water supply and sewage and waste disposal facilities; provision for storm drainage, recreation and open space; and preliminary zoning calculations.
(2) 
An area map showing the parcel under consideration for site plan review and all properties, subdivisions, streets, rights-of-way and other pertinent features within 300 feet of the boundaries of the parcel.
(3) 
An economic analysis of the project indicating, as applicable, such information as cost of construction and development, proposed rental or sales prices, market area, cost and manner of providing public utilities, etc.
C. 
Notwithstanding Subsections A and B above, the Board of Trustees may waive requirements of the sketch plan submission, upon the request of the applicant, where, due to character, size, location or special circumstances, any particular information or the sketch plan conference is not required in order for the Board of Trustees to properly perform site plan review.
D. 
The submission of documentation for a sketch plan conference shall be deemed a preliminary submission only and shall not commence the running of any time periods within which any reviewing agency or body shall be required to act.

§ 287-4 Application for site plan approval.

A. 
Application contents. An application for site plan approval shall be made in writing to the Building Inspector and shall be accompanied by supporting information and documentation. If a sketch plan conference was held, the supporting information shall include the elements identified by the Board of Trustees at said sketch plan conference. The site plan shall be prepared by a licensed engineer or licensed architect. In an appropriate case, the Board of Trustees may require that specific components of the site plan be prepared by a licensed landscape architect or licensed surveyor. The applicant for site plan approval shall submit 15 copies, which shall include the following information unless items(s) are waived by the Board of Trustees.
(1) 
An area map showing the applicant’s entire holding, that portion of the applicant’s property under consideration, including any easements or deed restrictions, and all properties, subdivisions, streets and areas dedicated to public use within 300 feet of the applicant’s property.
(2) 
A map of site topography at two-foot contour intervals.
(3) 
A site plan at an appropriate scale.
(4) 
The title of the drawing, including the name and address of the applicant, the owner and the person responsible for preparation of such drawings.
(5) 
North arrow, scale and date.
(6) 
Boundaries to the property plotted to scale.
(7) 
Existing buildings and structures.
(8) 
Grading and drainage plan, showing existing and proposed contours, rock outcrops, depth to bedrock, soil characteristics and watercourses, including top elevations of all site structures.
(9) 
Location, design, type of construction, proposed use and exterior dimensions of all building and accessory structures.
(10) 
Location, design and type of construction of all parking spaces and loading areas, showing ingress and egress, curb cuts, size of such spaces and areas, width of circulation aisles and distances from property lines and all other requirements of this chapter.
(11) 
Preliminary floor plans and elevations of proposed buildings or structures.
(12) 
Location, design and type of construction of all pedestrian access.
(13) 
Location of outdoor storage, including but not limited to materials, refuse and similar items.
(14) 
Location and design of all existing and proposed site improvements, including drains, culverts, walls, fences, hedges and screen plantings and all existing trees on the subject property which have at least one trunk with a diameter of eight inches or greater, measured 4 1/2 feet above the ground.
(15) 
A description of the method of public water supply, stormwater and sewage disposal and the location of such facilities and estimated volumes.
(16) 
Location of fire and other emergency zones, including the location of fire hydrants.
(17) 
Location and design of all utilities, including electrical, gas and solar energy, telephone and cable television.
(18) 
Location, size, design and type of construction of all proposed signs.
(19) 
Location and proposed development of all buffer areas, including existing vegetative cover.
(20) 
Location and design of outdoor lighting facilities and means of illumination showing lighting levels achieved over the entire site.
(21) 
Identification of the location and amount of building area proposed for each intended use, including storage and common areas.
(22) 
General landscaping plan and planting schedule and landscaping maintenance program description.
(23) 
An estimated project construction schedule and the total estimated project cost.
(24) 
Identification of federal, state, county or town permits required for the execution of the project and the status thereof.
(25) 
Other elements integral to the proposed development as considered necessary by the Board of Trustees, including but not limited to traffic studies, material samples, elevations and one block model to scale covering a three-hundred-foot radius from the site.
(26) 
Roof plan showing all mechanicals and screening for the roof.
(27) 
Maintenance plan for the construction phase of the project.
(28) 
Part 1 of an environmental assessment form (EAF) in accordance with the State Environmental Quality Review Act and regulations (SEQRA).
(29) 
Stormwater pollution prevention plan. A stormwater pollution prevention plan consistent with the requirements of Chapter 294 and Chapter 345, Art. X shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Chapter 345, Art. X. The approved site plan shall be consistent with the provisions of Chapter 294 and Chapter 345, Art. X.
[Added 12-10-2007 by L.L. No. 9-2007]
B. 
The Building Inspector shall determine whether the proposed development meets the requirements of all provisions of this chapter other than those regarding site plan approval. If the Building Inspector determines that any variances or special permits are required, the application shall be rejected pending application to and approval of the Zoning Board of Appeals or Board of Trustees as required. If the Building Inspector finds the application to be in order, the application shall be submitted to the Board of Trustees for purposes of preliminary review. The Board of Trustees shall determine whether the application is complete. If the application is not complete, the Board of Trustees shall notify the applicant of the additional information required.

§ 287-5 Factors for consideration during review.

The Board of Trustees’ review of a site plan shall include but shall not be limited to the following considerations:
A. 
Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, channelization structures and traffic controls.
B. 
Adequacy and arrangement of pedestrian traffic access and circulation, including separation of pedestrian from vehicular traffic, walkway structures, control of intersections with vehicular traffic and pedestrian convenience, including handicapped access.
C. 
Location, arrangement, appearance and sufficiency of off-street parking spaces and loading areas.
D. 
Location, arrangement, size, design and general compatibility of building, uses, lighting and sign with other buildings and uses on and in the neighborhood of the site.
E. 
Adequacy of architectural and plant screening and buffer areas, including the adequacy, type and arrangement of plant materials (to include trees, shrubs and other landscaping) constituting a visual-screening and noise-deterring buffer between the proposed use and adjoining uses or properties and the manner in which new and existing plant material will contribute to the stated purpose and development of the buffer.
F. 
In the case of an apartment house or multiple dwelling, the adequacy of usable open space for playgrounds and informal recreation.
G. 
Adequacy of stormwater and sanitary waste disposal facilities and adequacy of water supply facilities.
H. 
Protection of existing natural and landscaping features.
I. 
Protection of adjacent properties against noise, glare, unsightliness or other objectionable features.
J. 
Overall impact on the neighborhood, including compatibility of design considerations.
K. 
Conformance with the current Village Master Plan.
L. 
Adequacy of overall plan in minimizing harmful effects upon the environment and the plan’s compliance with SEQRA.
M. 
That the location and size of the use, the nature and intensity of the operations involved in or conducted in connection with it, its site layout and its relation to streets giving access to it will not be hazardous or inconvenient to the residential character of the neighborhood or conflict with the normal traffic on the residential streets.
N. 
That the proposed use, site layout, location, heights, signs, walls, fences and landscaping will not hinder or discourage the appropriate use and development of adjacent uses or impair the value thereof.
O. 
That the proposed use, site layout, location, size or operation will not be objectionable to nearby dwellings by reason of noise, lights or other factors of impact.
P. 
That the proposed use, location, size, site layout and nature of use will be a harmonious part of the district in which it is to be situated.
Q. 
Adequacy of the proposed air filtration system and soundproofing in the premises to insure that all odors and noise emanating from the premises are contained as much as is practical on site and that the effects of odor and noise do not impair the use of neighboring properties. In such cases, the Board of Trustees reserves the right to require a filtration system with a water component to filter particles from the air.
[Added 5-10-2010 by L.L. No. 3-2010]

§ 287-6 Board of Trustees action on site plan.

A. 
Within 90 days of the date of determination of a completed application by the Board of Trustees, the Board of Trustees shall approve, approve with modifications or disapprove the site plan, except that where a public hearing is deemed necessary pursuant to § 287-8, the decision and recommendation on the site plan shall be made within 90 days after the public hearing. The time period in which the Board of Trustees must render its decision may be extended by the Board of Trustees. The failure of the Board of Trustees or any other reviewing agency to make a determination within any formal time period shall be deemed a disapproval or recommendation of disapproval of the application.
B. 
The decision of the Board of Trustees shall be forwarded to the applicant.
C. 
In the event that the Board of Trustees determines that the site plan involves a need for a variance or special permit, the application shall be deferred by the Board of Trustees so that the applicant may make application to the Board of Appeals or the Board of Trustees as appropriate. Where the Board of Trustees has deferred site plan approval on these grounds, the Board of Trustees shall convey any information or documents which it deems appropriate to the Board of Appeals or the Board of Trustees, with respect to the variance or special permit requested, and the Board of Trustees may convey any opinions or recommendations which it may have with respect to the application. If the Board of Appeals or the Board of Trustees grants the variances or special permit, the applicant may resume the process to obtain site plan approval.

§ 287-7 Board of Trustees action on site plan.

A. 
The Village Board of Trustees shall review all site plan actions and shall approve, approve with modifications or disapprove site plans based on the factors set forth in § 287-5 or such other factors deemed appropriate by the Board of Trustees.
B. 
The failure of the Board of Trustees to act within any stated time period or any extension of such period shall be deemed a disapproval of the application.

§ 287-8 Public hearings.

The Board of Trustees may conduct a public hearing on the site plan if a majority of the members deems that such a hearing is in the public interest. The applicant shall provide evidence at the hearing that all record landowners within a three-hundred-foot radius of the proposed project, as said record owners appear on the most current tax rolls of the Nassau County Assessor’s office, were notified by mail not less than 15 days before the public hearing. No hearing before any other board shall diminish the authority of the Board of Trustees to conduct a public hearing.

§ 287-9 Reimbursable expenses.

No building permit shall be issued pursuant to the provision of this chapter until all expenses incurred by the Board of Trustees for consultation fees (including engineering, architectural and legal) or other expenses which, at the sole discretion of the Board of Trustees, are necessary in connection with the review of a site plan are reimbursed to the Village by the applicant. At the time of application, and throughout the review process, the applicant shall deposit with the Village Clerk such amount to cover consultation fees and extraordinary expenses as shall be established, from time to time, by resolution of the Board of Trustees.

§ 287-10 Coordination of related project reviews.

A. 
During the site plan review process, the Planning Board and the Board of Trustees may consult with Village officials, officials of other governments or agencies and professional consultants.
B. 
Integration of procedures. Whenever the circumstances of proposed development require compliance with this chapter and with any other local law, ordinance or requirement of the Village, the Board of Trustees shall attempt to integrate, as appropriate, site plan review as required by this chapter with the procedural and submission requirements for such other compliance.
C. 
State Environmental Quality Review Act (SEQRA). SEQRA shall apply to applications and improvements authorized by this chapter. The Village Board of Trustees shall act as lead agency for any action pursuant to this chapter. An environmental impact statement shall be required after the finding of a positive declaration. No final action shall be taken by the Board of Trustees until the provisions of SEQRA shall be satisfied.
D. 
Referral of site plan to Nassau County Planning Commission. Where required by the General Municipal Law, the site plan application shall be forwarded to the Nassau County Planning Commission for its review. No final action shall be taken by the Board of Trustees until the Nassau County Planning Commission has issued its report.

§ 287-11 Waiver of requirements.

Where the Board of Trustees finds that extraordinary and unnecessary hardships may result from strict compliance with this chapter, it may vary or waive the provisions hereof so that substantial justice may be done and the public interest may be secured. Such waiver shall not have the effect of nullifying the intent and purpose of the current Village Master Plan or any of the other requirements of this chapter.

§ 287-12 Performance bond and demonstration of financial responsibility.

In connection with its site plan review, the Board of Trustees may require a performance bond in an amount it shall determine to insure that upon completion of the project all the public improvements shown on the site plan are completed and furthermore to ensure that, in the event that the project is abandoned, the project is either completed or the site is restored to its condition prior to the commencement of the project. The project shall be deemed abandoned if no substantial construction is performed on the site for a period of one year and the site plan approval has expired. The Board of Trustees may also require documentary demonstration to its satisfaction of the financial responsibility of the applicant to complete the project.

§ 287-13 Expiration of site plan approval.

Site plan approval shall automatically terminate one year after the same is granted by the Board of Trustees unless a building permit has been issued and there is physical evidence to demonstrate that substantial construction has taken place and is continuing. Upon application to the Board of Trustees, the site plan approval may be extended for additional one-year periods, upon a showing that the conditions existing at the time of the approval have not changed and that substantial steps to commence the project have been lawfully undertaken.

§ 287-14 Application fees.

The applicant shall be required to pay the fees as set forth in the schedule of fees in § A350-1, as well as an application fee to the Board of Trustees of $500.