Village of Sands Point, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Sands Point 10-22-1996 by L.L. No. 2-1996; amended in its entirety 3-31-1997 by L.L. No. 3-1997. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Coastal erosion hazard areas — See Ch. 66.
Environmental quality review — See Ch. 76.
Fees and deposits — See Ch. 82.
Flood damage prevention — See Ch. 94.
Stormwater management — See Ch. 139.
Subdivision of land — See Ch. 145.
Trees — See Ch. 157.
Zoning — See Ch. 176.

§ 132-1 Title.

This chapter shall be known and cited as the "Village of Sands Point Site Plan Review Law."

§ 132-2 Findings; legislative intent.

A. 
The Board of Trustees of the Incorporated Village of Sands Point (hereinafter the "Board of Trustees") hereby finds that in order to ensure that future land use, development and construction activities within the Village of Sands Point (hereinafter the "Village") will have a harmonious relationship with the existing or permitted use of contiguous land and with surrounding neighborhoods, and to otherwise promote the health, safety, general welfare, comfort and convenience of the Village and its residents, site plans for new land use, development and construction activities proposed within the Village should be subject to Village Board of Appeals review.
B. 
It is, therefore, the intent of the Board of Trustees, and the purpose of this chapter, to establish a procedure for site plan review for new land use, development and construction activities proposed within the Village consistent with and pursuant to § 7-725-a of the Village Law of the State of New York, and to authorize the Board of Appeals to review and provide it with appropriate standards in its review of all site plans for compliance with certain site plan elements, which include, where appropriate, those relating to parking, means of access, traffic, screening, lighting, signs, landscaping, architectural features, location and dimension of buildings, adjacent land uses and physical features meant to protect adjacent buildings and land uses, as well as any additional site plan elements specified herein.

§ 132-3 Authority of Board of Appeals.

A. 
Pursuant to Village Law, § 7-725-a, the Board of Appeals is hereby authorized to review and approve, approve with modifications or disapprove site plans submitted in accordance with the standards and procedures set forth in this chapter.
B. 
Upon approval of a site plan, the Board of Appeals may impose reasonable conditions and restrictions as are related to and incidental to the proposed site plan. Thereupon, such imposed conditions must be met before the issuance of permits by applicable enforcement agencies or officials of the Village.

§ 132-4 Activities requiring site plan review; approval required.

A. 
Except as otherwise provided in this Code, the following applications for land use, development and construction activities within the Village shall require site plan review and approval:
(1) 
All new dwellings or other principal structures and land uses permitted in the Residence A District, Residence B District and Residence C District.
(2) 
All buildings, structures and land uses accessory to a residential land use permitted in the Residence A District, Residence B District and Residence C District, prior to the issuance of a certificate of occupancy for the principal building or structure.
(3) 
All buildings, structures or land uses accessory to a nonresidential land use permitted in the Residence A District, Residence B District and Residence C District.
(4) 
All new buildings, structures or land uses for which a use variance has been granted.
(5) 
Any addition to or reconstruction of all or part of a principal structure which equals or exceeds 50% of the square footage of the gross floor area of the structure as originally constructed or as last modified pursuant to site plan approval, or equals or exceeds a gross floor area limitation imposed by decision of the Board of Appeals. As used in this chapter, "gross floor area" shall be calculated in accordance with the definition of that term as set forth in § 176-2B of this Code.
(6) 
Any reconstruction of a principal structure damaged by fire or other incident, the cost of which equals or exceeds 50% of the market value of the structure at the time the damage occurred.
B. 
No building permit for a building or structure subject to site plan review shall be issued by the Building Department, except upon authorization of and in conformity with a site plan approved by the Board of Appeals.
C. 
Modification to an approved site plan.
[Added 4-25-2000 by L.L. No. 1-2000]
(1) 
Except as provided in Subsection D hereof, in the event that a modification is proposed to an approved site plan which has not been issued a certificate of occupancy/completion, an application for site plan review of the modified plan must be made to and approved by the Board of Appeals before a building permit for the modified plan may be issued.
(2) 
Fees and deposits shall be the same as for an original application pursuant to Chapter 82 of this Code.
D. 
Minor modification to an approved site plan. An application to amend or modify an approved site plan which has not been issued a certificate of occupancy/completion will not require Board of Appeals site plan review if, in the unanimous opinion of the Building Commissioner and two members of the Board of Appeals appointed by the Chairman of the Board of Appeals for such purpose, the modification is minor. A "minor modification" is defined as one which does not cause any material change in the overall design, layout or appearance of the site. Upon such determination, a building permit may be issued upon compliance with all other applicable requirements.
[Added 4-25-2000 by L.L. No. 1-2000]
E. 
Exception from site plan review and approval.
[Added 5-24-2016 by L.L. No. 6-2016]
(1) 
An applicant may qualify for an exception from site plan review and approval under Village Code § 132-4A(5), if the applicant demonstrates to the Building Commissioner, or his/her designee, each of the following factors:
(a) 
The size of the principal structure when built was less than 50% of the maximum gross floor area permitted under the Village Code for the district in which the structure is situated;
(b) 
The proposed addition is less than 10% of the gross floor area of the existing principal structure;
(c) 
The applicant has performed nor only one prior addition to the existing principal structure at the premises, and that if a prior addition was performed, the gross floor area of the then existing principal structure was increased by less than 10% of the gross floor area of the existing principal structure at that time;
(d) 
The applicant acquired the premises at issue in an arms-length transaction for use as the applicant's residence and not for investment purposes; and
(e) 
There are no other discretionary Board of Appeals approvals required in connection with the construction project.
(2) 
If the Building Commissioner, or his/her designee, finds in his/her discretion that factors set forth in Village Code § 132-4E(1) have been met, then the application will be referred to the Board of Trustees and placed on the agenda for the next regularly scheduled public meeting for consideration for an exception from Village Code § 132-4A(5). The decision as to whether an exception to Village Code § 132-4A(5) should be granted shall be solely within the legislative discretion of the Board of Trustees. The Board may consider all factors that it deems relevant in order to make such a determination.
(3) 
If the Building Commissioner, or his/her designee, finds in his/her discretion that factors set forth in Village Code § 132-4E(1) have not been met, then the applicant may:
(a) 
Proceed with an application for site plan review and approval; or
(b) 
Appeal such determination to the Village Board of Appeals.
(4) 
Nothing herein shall preclude an applicant from seeking a hardship review pursuant to Village Code § 82-12.

§ 132-5 Application requirements.

A. 
Applications for site plan approval shall be submitted to the Village Clerk, as Secretary of the Board of Appeals, after appropriate review of a building permit application by the Building Department and at least 30 days prior to the Board of Appeals meeting at which the site plan is to be considered and, except as otherwise provided herein, shall include 12 copies of each of the following items, to be submitted in separate and complete sets:
(1) 
Application form for site plan review, in form and substance satisfactory to the Building Department.
(2) 
Site survey, showing all existing structures, prepared, signed and sealed by a licensed land surveyor.
(3) 
Site plan for the proposed land use, drawn at a scale of not less than one inch equals 20 feet, signed and sealed by a licensed architect or engineer, and which shall include the following information:
(a) 
A title block located in the lower right-hand corner of the site plan and shall include the name and address of the applicant and record owner of the property, the property's designation on the Nassau County Land and Tax Map, and the title of the project. If the applicant or property owner is a corporation, the name and address of the president and secretary shall be submitted with the application.
(b) 
A date block of the site plan adjacent to the title block containing the date of preparation and dates of all revisions.
(c) 
A key map showing the location of the property with reference to surrounding areas and existing street intersections within 1,000 feet of the boundaries of the subject premises.
(d) 
A written and graphic scale, as well as a North arrow.
(e) 
Zoning District boundaries shall be shown on the site plan as they affect the parcel.
(f) 
Survey data showing boundaries of the property, required building and setback lines and lines of existing and proposed streets, lots, reservations, easements and areas dedicated to public use, including grants, restrictions and rights-of-way.
(g) 
Reference to any existing covenants, restrictions, easements or exceptions that are in effect or are intended to cover all or any of the property. A copy of such covenant, restriction, easement or exception shall be submitted with the application. If there are no known covenants, deed restrictions, easements or exceptions affecting the site, a notation to the effect shall be indicated on the site plan map.
(h) 
Location of existing structures on the site. The plan shall contain a notation indicating any structures that are to be removed.
(i) 
All distances, as measured along the right-of-way lines of existing streets abutting the property, to the nearest intersection with any other street.
(j) 
Location plans and elevations of all proposed structures.
(k) 
Location of all existing and proposed driveways, walkways and impervious surfaces located on the property.
(l) 
Location of all existing storm drainage structures, soil erosion and sediment control devices and utility facilities, including electric, water, telephone and cable television, which are located within the property lines.
(m) 
Existing and proposed contours according to United States Geodetic Survey Datum at intervals not to exceed two feet. Existing contours are to be indicated by solid lines; proposed contours are to be indicated by dashed lines.
(n) 
Existing elevations of the road or right-of-way contiguous to the site.
(o) 
The location of all existing significant natural features, such as boulders, rock outcrops, watercourses, depressions, ponds, marshes and other wetlands, whether or not officially mapped.
(p) 
All proposed streets, with profiles indicating grading and cross sections showing width of roadway, location and width of sidewalk, if any, and location and size of utility lines.
(q) 
All means of vehicular ingress and egress to and from the site onto public or private streets, showing the size and location of driveways and curb cuts and sidewalks, if any.
(r) 
All provisions for pedestrian access to the site and internal pedestrian circulation.
(s) 
The location and design of any off-street parking areas, loading or outdoor storage areas.
(t) 
The location of all proposed water lines, valves and hydrants and all sewer lines or alternative means of water supply or sewage disposal and treatment.
(u) 
The proposed location, direction of illumination, power and time of proposed outdoor lighting.
(v) 
The location, design and type of construction of all proposed signs.
(w) 
The proposed stormwater drainage system.
(x) 
Structural elevation calculations.
(y) 
Zoning calculations.
(z) 
Illustration of all proposed structures as they relate to sky exposure plane.
(aa) 
Delineation of Floodplain Zone as shown on the Flood Insurance Rate Map prepared by the Federal Emergency Management Agency and adopted by the Village of Sands Point.
(bb) 
Delineation of Coastal Erosion Hazard Area, if the property is located within the Village-designated Coastal Management Zone.
(cc) 
Delineation of tidal and freshwater wetlands areas as designated by the New York State Department of Environmental Conservation.
(4) 
Landscaping plan, drawn at a scale of not less than one inch equals 20 feet and which contains the following information:
(a) 
Outlines of all existing and proposed structures, driveways, walkways and impervious surfaces to be located on the property.
(b) 
The location of all existing significant natural features, such as boulders, rock outcrops, watercourses, depressions, ponds and marshes.
(c) 
The location of all trees, identified by type or species and size, bearing a truck circumference greater than 20 inches measured at a point four feet six inches above ground level.
(d) 
The location of all trees, shrubs and/or any vegetation, identified by type or species, which are to be removed.
(e) 
The location of all trees, shrubs and/or any vegetation, identified by type or species, which are to be preserved.
(f) 
Location of all trees, shrubs and/or other vegetation, identified by size, height and type or species, which are to be provided.
(g) 
A separate list of all trees and shrubs identified by size, height and type or species that are to be removed and/or to be provided.
(5) 
Photographs (two sets only) of existing structures of the property and surrounding landscaping/screening.
(6) 
Environmental assessment form completed and signed by the applicant.
(7) 
Original building permit application which was reviewed by the Building Department.
(8) 
Building Department's memorandum of review.
(9) 
Identification of all required permits or approvals from the Village or any other governmental body, and a record of application for and status of such permits or approvals.
(10) 
List of the names of all owners of property contiguous to the subject premises, and if the subject premises is adjacent to a private road, the owners of all other properties adjacent to the private road, together with section, block and lot numbers of said property, as shown on the current tax roll of the Village.
(11) 
Certificate of title and deed(s) for the existing lot(s).
(12) 
Letter from the Sands Point Water District regarding availability of water to the site (for new structures only).
(13) 
All appropriate permit fees, charges and deposits required by the Village pursuant to Chapter 82 of the Village Code.
(14) 
Any other information found by the Board of Appeals or Building Department to be necessary to reasonably determine compliance of the site plan with this chapter and Village Law, § 7-725-a.
(15) 
A stormwater pollution prevention plan consistent with the requirements of Chapter 139, Article I, shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Chapter 139, Article I. The approved site plan shall be consistent with the provisions of Chapter 139, Article I.
[Added 12-19-2006 by L.L. No. 3-2006]
B. 
The Building Department may waive any of the above requirements it determines to be unnecessary for the appropriate review of a particular application but such waiver shall not be binding upon the Board of Appeals.

§ 132-6 Considerations included in review.

A. 
In reviewing any application for site plan approval, the Board of Appeals shall be guided, as appropriate, by the following general and specific considerations:
(1) 
The location, arrangement, size, design and general site compatibility of buildings and structures.
(2) 
The adequacy and arrangement of vehicular access and circulation. All driveways to a public or private street shall be so located to afford maximum safety to said roadway and to provide for safe and convenient ingress and egress and to minimize conflict with the flow of traffic, and shall be designed to permit emergency vehicles and service vehicles, such as delivery trucks, solid waste collection vehicles and the like to have reasonable access to and space for their intended functions.
(3) 
The adequacy and arrangement of off-street parking, loading and outdoor storage.
(4) 
The adequacy and arrangement of pedestrian traffic access and circulation.
(5) 
The adequacy of stormwater and drainage facilities. Provision shall be made for the drainage of surface runoff waters in and from the premises so that flooding and erosion of the property and the property of others will be prevented.
(6) 
The adequacy of water supply and sewage disposal facilities.
(7) 
The adequacy, type and arrangement of trees, shrubs and other landscaping and natural screening constituting a visual and/or noise buffer between the applicant's and adjoining lands, including the maximum feasible retention of existing vegetation.
(8) 
The adequacy of fire lanes and other emergency zones and the provision of fire hydrants.
(9) 
Protection of adjacent or neighboring properties against noise, glare, unsightliness and nuisances.
(10) 
The overall impact of the proposed development on the neighborhood and surrounding uses, including compatibility of architectural and design considerations.
B. 
The Board of Appeals shall not approve a site plan application unless it finds affirmatively that the building or structure, if constructed, erected, reconstructed or altered in accordance with the submitted plan, will not:
(1) 
Be visually offensive or inappropriate by reason of poor quality of exterior design, monotonous similarity or striking visual discord in relation to the sites or surroundings;
(2) 
Mar the appearance of the area;
(3) 
Impair the use, enjoyment and desirability and reduce the value of properties in the area;
(4) 
Be detrimental to the character of the neighborhood;
(5) 
Prevent the most appropriate development and utilization of the site or of adjacent land; and
(6) 
Adversely affect the functioning, economic stability, prosperity, health, safety and general welfare of the entire community.

§ 132-7 Public hearing.

The Board of Appeals shall conduct a public hearing with regard to every application for site plan review within 62 days of the date the application is found to be complete by the Board of Appeals.

§ 132-8 Notice of public hearing.

Applicant shall mail notice of the public hearing to the owners of all properties contiguous to the subject premises, and if the subject premises is adjacent to a private road, to the owners of all other properties adjacent to the private road, at least 10 days prior to such hearing, and the Village shall cause notice of the public hearing to be published in the official newspaper of the Village at least five days prior to such hearing.

§ 132-9 Decisions.

A. 
The Board of Appeals shall render a decision on each site plan application within 62 days after the public hearing portion of the review procedure is closed.
B. 
The Board's decision shall be filed in the office of the Village Clerk within five business days after such decision is rendered and a copy mailed to the applicant.
C. 
The time period in which the Board of Appeals must render its decision may be extended by mutual consent of the applicant and the Board of Appeals.

§ 132-10 Judicial review.

Any person aggrieved by a final site plan determination by the Board of Appeals may apply to the Supreme Court for review by a proceeding under Article 78 of the Civil Practice Law and Rules. Such proceedings shall be instituted within 30 days after the filing of a decision in the office of the Village Clerk.

§ 132-11 Waiver of requirements.

Any requirement for the approval or approval with modifications and/or conditions of site plans submitted for approval may be waived by the Board of Appeals, upon a finding that such requirement is not in the interest of the public health, safety or general welfare, or is inappropriate to a particular site plan.

§ 132-12 Adoption of further rules and regulations.

The Board of Appeals may, consistent with this chapter, adopt such further rules and regulations, after public hearing, as it deems reasonably necessary to carry out the provisions of this chapter.

§ 132-13 Application for area variance.

Where a proposed site plan contains one or more features which do not comply with the bulk and area requirements of Chapter 176, Zoning, applications may be made directly to the Board of Appeals for an area variance, without first obtaining a final decision or determination by the Building Department.

§ 132-14 Extension of original jurisdiction; amendments; authority to rescind site plan.

A. 
Until a certificate of occupancy or certificate of completion has been issued with respect to each construction, reconstruction, alteration, addition or improvement contained within an approved site plan, the Board of Appeals shall have continuing jurisdiction to review and act upon a site plan, including any and all amendments to the approved site plan.
B. 
The Board of Appeals shall review and act upon an application for an amendment to an approved site plan in the same manner as the review of an original site plan.
C. 
In the event that it is determined that unauthorized changes have been made to an approved site plan, the Board of Appeals may rescind its prior site plan approval in its entirety or in part.

§ 132-15 Compliance with other applicable provisions.

Unless otherwise indicated, all construction, reconstruction, alterations, additions, improvements or placement, relocation or removal of fill in excess of 50 cubic yards, included in or required by a proposed site plan, shall comply with all other applicable ordinances, local laws, rules and regulations of the Village and any other governmental entity.

§ 132-16 Penalties for offenses.

For any and every violation of the provisions of this chapter, the owner, general agent or contractor of a building or premises where such violation has been committed or shall exist, and the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist, and the general agent, architect, builder, contractor or any other person who knowingly commits, takes part or assists in any such violation or who maintains any building or premises in which such violation shall exist, shall be liable for a fine not exceeding $350 or imprisonment for a period not to exceed six months, or both, for conviction of a first offense; for conviction of a second offense both of which were committed within a period of five years, punishable by a fine of not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and upon conviction for a third or subsequent offense all of which were committed within a period of five years, punishable by a fine of not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both. Such penalties shall be collected as provided by law. Each week's continued violation shall constitute a separate additional violation.

§ 132-17 Security for performance.

A. 
The Board of Appeals may condition site plan approval upon the applicant's submission to the Village Clerk of a cash deposit, performance bond or irrevocable letter of credit, in an amount determined by the Board of Appeals after recommendation from the Village Engineer, which amount shall be sufficient to ensure that all improvements and landscaping, as shown on the approved site plan, shall be completed and to ensure against damage to the infrastructure, including public and private roads and drainage structures.
B. 
If public improvements are required, a separate cash deposit, performance bond or irrevocable letter of credit, in an amount determined by the Board of Appeals after recommendation from the Village Engineer, which amount shall be sufficient to ensure that all required public improvements shall be completed.
C. 
Any bond required to be posted in connection with a site plan approval shall include the language set forth in Village Code, § 82-14.
D. 
No performance bond or irrevocable letter of credit shall be accepted by the Village Clerk unless approved as to form and substance by the Village Attorney.

§ 132-18 Expiration of site plan approval.

Site plan approval shall automatically terminate one year after the resolution granting approval is filed in the office of the Village Clerk, unless a building permit has been issued thereon.