A.
Site plan review. The purpose of this article is to
promote the health, safety, morals and general welfare of the Village
of Rockville Centre through site plan review. Toward this end, site
plan review shall include, but shall not be limited to, vehicular
and pedestrian traffic and circulation; adequacy of utility, drainage
and garbage facilities; preservation of trees; and appropriate screening
through landscaping. This development and design evaluation procedure
will allow the Village to review the arrangement, layout, use interrelationships
and neighborhood impacts of sites intended for development or redevelopment.
B.
Exterior design review. The purpose of this article is to preserve
and promote the character and appearance of the Village of Rockville
Centre through exterior design review. The Board of Trustees hereby
finds and determines that construction, reconstruction and alteration
of buildings and structures that are visually offensive or inappropriate
due to poor exterior design quality mar the appearance of the Village,
impair the use, enjoyment and desirability and reduce the values of
properties and are undesirable. The Board of Trustees further finds
and determines that such buildings and structures are detrimental
to the character of the neighborhoods and prevent the most appropriate
development and utilization of land. Because such buildings and structures
adversely affect the functioning, economic stability, prosperity,
health, safety and general welfare of the entire community, exterior
design review of such buildings and structures is appropriate in order
to mitigate such adverse effects and to ensure that the aesthetic
quality of design of such buildings and structures conforms to the
character of the neighborhood in which they are proposed.
[Amended 2-4-2015 by L.L.
No. 4-2015]
As used in this article, the following terms
shall have the meanings indicated:
An architect licensed by the State of New York, or a person
with expertise in site development and landscape design to act as
a landscape consultant, who has been appointed by the Board of Trustees
to serve as a panel to assist the Board of Trustees in its review
of plans submitted in accordance with this article.
The appearance of a building or structure, including the
facade, the arrangement of doors, windows, porticos, supports or columns,
porches or garages, including height, width and length, exterior materials
and treatments, roof structures and landscaping.
A rendering, drawing or sketch prepared to specifications
contained in this article. The site plan shall show the arrangement,
layout and design of the proposed use of a single parcel of land.
Plats showing lots, blocks, or sites that are subject to subdivision
review as single-family or two-family homes shall continue to be subject
to such review and shall not be subject to review as site plans under
this article.
[Amended 11-29-2004 by L.L. No. 9-2004]
[Amended 9-30-2002 by L.L. No. 13-2002]
A.
Uses and actions subject to site plan approval and
exterior design review.
(1)
In all districts, the Planning Board shall conduct
site plan review and exterior design review for the following:
(a)
The new construction or exterior renovation
of any nonresidential building or structure, or any multifamily building
or structure, when the building or structure has a footprint of 10,000
square feet or more or has an aggregate square footage of 20,000 square
feet or more.
[Amended 4-11-2005 by L.L. No. 2-2005]
(b)
A change in any use of any nonresidential or
multifamily building or structure that affects a footprint of 10,000
square feet or more or that affects an aggregate square footage of
20,000 square feet or more.
(c)
All proposed nonresidential or multifamily use
of undeveloped open land or space, including open land created by
demolition of structures, where the structure will have a footprint
of 10,000 square feet or more or has an aggregate square footage of
20,000 square feet or more.
(e)
An expansion of a not-for-profit nonpublic school:
[1]
In a residential district: when an expansion
results in an increase of 15% or more of the aggregate square footage.
[2]
In a nonresidential district:
[a]
When an expansion results in an increase of
15% or more of the aggregate square footage for such a school that:
[b]
Is already 3,000 aggregate square feet or more;
or
[c]
Has an enrollment of 100 students or more; or
[d]
When an expansion of such an existing school
that is currently less than an aggregate square footage of 3,000 square
feet or has an enrollment of less than 100 students would result in
such a school measuring an aggregate square footage of 3,000 square
feet or more or would result in an enrollment of 100 students or more.
(f)
Amendment of a previously approved site plan.
(2)
Site plan review is not required for customary and
incidental repairs.
B.
Uses and actions subject to exterior design review.
(1)
In all districts, the Board of Trustees shall conduct exterior design
review for the following:
[Amended 4-11-2005 by L.L. No. 2-2005; 1-29-2007 by L.L. No. 1-2007; 2-4-2015 by L.L. No. 4-2015]
(a)
The new construction of single-family dwellings or two-family
dwellings.
(b)
Alterations or renovations of single-family dwellings or two-family
dwellings that:
(c)
The new construction of any nonresidential building or structure,
or multifamily building or structure that has a footprint of less
than 10,000 square feet, or the alteration or renovation of the exterior
of any nonresidential building or structure, or multifamily building
or structure that costs $25,000 or more.
(2)
Exterior design review shall not be required for minor
exterior renovations that do not result in any modification or rearrangement
of building, coverage or floor area.
[Amended 4-11-2005 by L.L. No. 2-2005]
C.
Where site plan or exterior design approval is required.
(1)
No building, structure or outdoor use of land shall
be used, constructed, enlarged, altered or moved in any zoning district
until a site plan meeting the requirements of this article has been
approved.
(2)
No building permit, certificate of occupancy or certificate
of completion shall be issued by the Superintendent of Buildings except
upon authorization of, and in conformity with, the site plan approval.
D.
In all cases where a variance or special exception
is required, the applicant shall first obtain a variance or special
exception from the Zoning Board of Appeals before proceeding with
site plan review or exterior design review.
A.
General standards as basis for action on site plans:
(1)
Relationship of proposed development to any adopted
Village comprehensive plan and to the Village overall.
(2)
Relationship of and compatibility with the proposed
development of the site and to existing buildings in the adjoining
area.
(3)
Landscaping and site treatment to create visual and
noise deferring buffers, with particular attention to proposed development
that abuts residential property, so as to protect the quiet enjoyment
of residential property.
(4)
Ecological considerations, including the adequacy
of water supply, electrical power and preservation of trees.
(5)
Adequacy of storm drainage facilities, waste disposal
facilities and utility services.
(6)
Traffic impact on surrounding streets and on the Village
overall to ensure adequate access, visibility and safety.
(7)
Adequacy of on-site circulation, including but not
limited to the arrangement of vehicular traffic, ingress and egress,
driveway connections to public streets, intersections, road widths
and traffic control.
(8)
On-site pedestrian and bicyclist circulation, including
but not limited to the separation of pedestrian traffic from vehicular
traffic, and locations of walkways and intersections.
(9)
Protection of adjoining properties from noise and
odors.
(10)
Location and arrangement of on-site lighting to protect
adjoining properties.
(11)
Adequacy of access of fire vehicles to the site.
[Added 11-29-2004 by L.L. No. 9-2004]
(12)
Location of all outdoor storage and refuse collection
facilities.
[Added 11-29-2004 by L.L. No. 9-2004]
B.
In approving any application, the Board may impose
appropriate conditions and safeguards designed to prevent harmful
effects. These conditions and safeguards must be met prior to the
issuance of a building permit, unless the Superintendent of Buildings
provides a written determination that the conditions cannot be met
until the construction is underway or complete. In that event, the
building permit shall include this determination and shall state that
a certificate of occupancy shall not be issued until the conditions
and safeguards set by the Planning Board have been met.
[Amended 4-11-2005 by L.L. No. 2-2005]
C.
The Board may disapprove any site plan application,
provided that the Board has afforded the applicant an opportunity
to confer upon suggestions for change of the plan.
A.
Presubmission. Prior to a formal submission, the applicant
should meet in person with a representative of the Building Department
to discuss the proposed site plan.
B.
Formal submission. A site plan shall be prepared by
a New York State registered or licensed professional, which includes
an architect, landscape architect, land surveyor, engineer or professional
planner. The site plan shall be submitted to the Building Department.
C.
Fees.
(1)
All submissions for site plan approval shall be accompanied
by a fee as established by the Board of Trustees to pay for the costs
of planning, design and engineering review.
(2)
Such fees do not cover the cost of an environmental
assessment form or an environmental impact statement. The applicant
shall be responsible for the total cost of environmental reviews that
are determined to be necessary to meet the requirements of the State
Environmental Quality Review Act.[1]
[1]
Editor's Note: See Environmental Conservation
Law § 8-0101 et seq.
A.
Required submissions. All applications for approval
of a site plan shall be submitted on a form provided by or approved
by the Building Department and shall not be accepted by the Building
Department unless it is complete. All maps submitted must be at a
scale of not less than 30 feet to the inch.
B.
Completeness. No application shall be deemed complete
unless it meets the information requirements listed in this section
and unless it is accompanied by an environmental assessment form (EAF),
or is shown to be exempt from environmental review, in accordance
with SEQRA regulations and § 7-725(A)(10) of New York State
Village Law.
C.
The following information must be submitted with an
application for site plan approval, unless waived, in writing, by
the Superintendent of Buildings:
(1)
Completed building permit application.
(2)
Filing fee.
(4)
Eight plot plans by a licensed surveyor, engineer,
or architect, which will show the following. (If subject parcel is
located on a county road, eight original copies are required.)
(a)
Proposed setback from street line, proposed
side yards, proposed rear yard.
(b)
Proposed and existing elevations of the four
corners of the subject property and elevation of adjacent properties.
(c)
Proposed elevation of garage floor; proposed
elevation of first floor.
(d)
Proposed finished grade at four corners of the
building.
(e)
Location of driveways and curb cuts.
(f)
Location and size of all required dry wells.
(g)
Location and size of all existing trees.
(h)
Location of light poles, fire hydrants, etc.
(i)
Computation of area covered by all structures
to be shown on the plot plan.
(j)
Certified survey that has been prepared no more
than one year prior to submission.
(5)
Eight plot plans with a detailed landscape plan indicating
the location, type and size of all new plantings, existing trees,
and shrubs which will remain.
(6)
Eight copies of a radius map, which will include the
following information:
(a)
Radius map from tax maps showing all lots within
a radius of 200 feet from all corners of the property in question,
designating section, block, lot(s), street addresses, size of lot
and name of owner of each parcel within said radius.
(b)
Existing school, zoning and special district
boundaries.
(c)
Setback from the street line of all dwellings
on the same side of the street within the same block of the proposed
dwelling; computation to include a drawing of the average setback
of all dwellings on the same side of the street within the same block.
(d)
Reservations, easement and areas dedicated to
public use, if any.
(7)
Names; notices; proof of notice:
(a)
Names and addresses of owners, using the section,
block, and lot(s) from required radius maps at the Village Tax Office;
names and addresses on Form BR-3, to be submitted to the Secretary
of the Planning Board.
(b)
Proof of notice, on Form BR-2, by certified
mail, return receipt requested, to all owners within the required
radius, at least seven days before the scheduled meeting date. Notice
must state the nature of the application, Index number, date of hearing,
location, and address of the property.
(c)
One copy of Form BR-4, both sides completed,
to the Secretary of Planning Board, as an affidavit of service, which
must be notarized and state the mailing date.
(d)
Certified mail receipts shall be given to the
Secretary of the Planning Board no later than two days before the
date of the meeting.
(8)
The name and address of the applicant and licensed
professionals engaged to work on the project shall be shown. Where
the applicant or owner is a corporation, the Planning Board may require
the names and addresses of all officers, directors and principal stockholders
of said corporation. In addition, the applicant must provide a list
of all witnesses that shall appear at the public hearing to the Secretary
of the Planning Board no less that 10 business days prior to the scheduled
meeting date.
[Amended 11-29-2004 by L.L. No. 9-2004]
(9)
Existing site conditions. The location of existing
buildings and, if applicable, water bodies, floodplains, and floodplain
boundaries as determined by the Federal Emergency Management Agency,
watercourses, marshes, rock outcrops, wooded areas, existing vegetative
cover, single trees with a diameter of eight inches or more measured
three feet above the base of the trunk and other significant existing
features on the site.
(10)
If this building plot is a split-off from an existing
plot with dwelling, submit eight surveys of the existing dwelling
and all structures showing side yards, front yard, rear yard, and
area of land covered.
(11)
Pictures of all buildings on the same side of the
street within 100 feet each side of the subject parcel and on the
opposite side of the street for the same distance, with the address
of the building on each photo of the building.
(12)
A professionally prepared color rendering and eight
sets of eleven-inch-by-fourteen-inch color photographic reductions
of the rendering and site plan, and each of any other building plans
submitted in connection with this application.
(13)
Any other information that may be required by the
Superintendent of Buildings or Village Engineer.
D.
The following development data shall also be submitted:
(1)
Title of development, date, North point, scale, name
and address of the record owner and of the engineer, architect, land
planner or surveyor preparing the site development plan.
(2)
All means of vehicular access and egress, including
fire department vehicles, to and from the site onto public streets,
and all provisions for pedestrian access and circulation and, if required
by the Superintendent of Buildings, all proposed streets.
[Amended 11-29-2004 by L.L. No. 9-2004]
(3)
The location and layout of any off-street parking
or loading areas, and traffic circulation areas, including pedestrian
walkways.
(4)
One set of preliminary plans, elevations and sections
of proposed structures and roads showing the proposed location, use,
design and height of all buildings and structures, including any proposed
division of buildings into units of separate occupancy and location
of drives thereto and showing the proposed location of all roads,
pedestrian walkways and fire lanes.
(5)
The location of all proposed waterlines, valves and
hydrants and sewer lines or of alternative means of water supply and
sewage disposal and treatment, if any, as well as the location of
existing water mains, culverts and drains of the property, with pipe
sizes, grades and directions of flow.
(6)
The proposed location, direction, power and timing
of proposed outdoor lighting within the site and at the site's boundaries,
if adjacent to residential development or within 100 feet from residential
development.
(7)
The extent and amount of cut and fill for all disturbed
areas, including before-and-after profiles and cross section of typical
development areas, parking lots and roads, and including any erosion
and sedimentation control plan, if applicable.
(8)
Proposed stormwater drainage system, including location,
supporting design data and copies of computation used as a basis for
the design capacities and performance of storm water management facilities.
(9)
The proposed location, size, color and illumination
of proposed signs.
(10)
The location of all existing and proposed site improvements,
including drains, culverts, retaining walls and fences.
(11)
The location of any outdoor storage for equipment
and materials, if any, and the location, type and design of all solid-waste-related
facilities, including dumpsters and recycling bins.
(12)
Detailed breakdowns of all proposed floor space by
type use.
(13)
In an industrial district, specific uses proposed,
number of employees for which buildings are designed, type of power
to be used for any manufacturing process, type of wastes or by-products
to be produced by any manufacturing process, and the proposed method
of disposal of such wastes or by-products shall also be shown.
(14)
Location and design of all energy distribution facilities,
including electrical or solar energy, if applicable.
(15)
Lines and dimensions of all property offered, or to
be offered, for dedication for public use, indicating the purpose
of all property that is proposed to be served by deed covenant for
the common use of the property owners of the development.
(16)
Estimated project construction schedule and completion
date.
(17)
Identification of any federal, state or county permits
required for project execution.
(18)
Record of application for approval status of all necessary
permits from federal, state and county officials.
E.
In addition, and where due to special conditions peculiar
to a site or the size, nature or complexity of the proposed use or
development of land or buildings, the Planning Board may require such
additional information as it may deem necessary for a complete assessment
of the project pursuant to this article, including but not limited
to the following:
(1)
A survey of the subject property having an error of
closure not in excess of one in 10,000 and indicating all lengths
in feet and decimals of a foot and all angles to the nearest 10 seconds,
or closer if deemed necessary by the surveyor.
(2)
A copy of any covenants or deed restrictions that
are intended to cover all or any part of the tract.
(3)
Existing contours with intervals of two feet or less,
referred to Village of Rockville Centre datum and showing at least
one bench mark.
(4)
The location of existing water mains, culverts and
drains on the property, with pipe sizes, grades and direction of flow.
(5)
All proposed lots, easements and public and community
areas; all proposed streets with profiles indicating grading and cross
sections showing width of roadway, location and width of sidewalk
and location and size of utility lines according to the standards
and specifications established or approved by the Village Engineer
of the Village of Rockville Centre.
(6)
Scale modeling and computer-assisted design (CAD)
depictions of proposed development set in the surrounding neighborhood.
A.
Every application for site plan review shall be accompanied
by a statement by the Superintendent of Buildings and the Village
Engineer that the site plan application is complete because it contains
all the required submissions and that any Village department head
designated by the Village Engineer has evaluated the submissions and
rendered a report to the Secretary of the Planning Board. No application
shall be deemed complete and no application shall be referred to the
Planning Board until all required department head reports have been
submitted, reviewed and deemed complete by the Village Engineer.
[Amended 11-29-2004 by L.L. No. 9-2004]
B.
Upon the Superintendent of Building's determination that the required submissions, as set forth in § 330-7, have been received by the Secretary of the Planning Board, and the site plan application is complete in accordance with § 330-8A, the application shall be scheduled for a public hearing, which shall be held in accordance with § 7-725-a.8 of the New York State Village Law.
[Amended 11-29-2004 by L.L. No. 9-2004]
C.
Required referrals, decisions, notice of decisions,
and filing of decisions shall also conform to § 7-725-a
of the New York State Village Law.
[Amended 11-29-2004 by L.L. No. 9-2004]
(1)
The Planning Board shall comply with the provisions
of the State Environmental Quality Review Act (SEQRA) under Article
8 of the Environmental Conservation Law and 6 NYCRR 617 and shall
not make a final decision to approve or disapprove an application
that has been the subject of an environmental assessment form (EAF)
or an environmental impact statement (EIS) until it has issued a written
SEQRA statement of findings.
(2)
The Planning Board shall not make a final decision
to approve or disapprove an application until the Nassau County Planning
Commission has issued its report on any required referral, in accordance
with § 239-m of the General Municipal Law.
D.
Action by resolution.
(1)
The Planning Board shall act by resolution to either
approve or disapprove or approve with modifications the site plan
application. A resolution of either approval or approval with modifications
shall include authorization to the Planning Board to stamp and sign
the site plan upon the applicant's compliance with the submission
requirements stated therein.
(2)
If the Planning Board's resolution includes a requirement
that modifications be incorporated in the site plan, conformance with
the modifications shall be considered a condition of approval and
shall be satisfied prior to signing of the site plan.
(3)
If the site plan is disapproved, the Planning Board's
resolution shall state specific reasons for such decision.
E.
Upon approval or approval with modifications, the
Planning Board shall endorse a copy of the site plan and give it to
the Superintendent of Buildings, who shall then issue the appropriate
permit if the project conforms to all other applicable requirements.
F.
Upon disapproval, the Planning Board shall inform
the Superintendent of Buildings, in writing, who shall not issue a
building permit for the proposed use or action.[1]
[1]
Editor's Note: Former Subsection G, regarding
failure of the Planning Board to act, which immediately followed this
subsection, was repealed 11-29-2004 by L.L. No. 9-2004.
A.
Submission requirements for stamping. After receiving
site plan approval from the Planning Board, with or without modifications,
the applicant shall, within six calendar months, submit prints of
the site plan to the Planning Board for stamping and signature by
the Planning Board Chair. The site plan submitted for stamping shall
conform strictly to the site plan approved by the Planning Board,
except that it shall further incorporate any revisions or other modifications
required by the Planning Board's resolution. In addition, the site
plan shall be accompanied by the following additional information:
(1)
A record of application for and approval status of
all necessary permits from federal, state and county officials and
agencies.
(2)
Detailed sizing and final material specification of
all required improvements.
(3)
An estimated project construction schedule and, if
a performance guaranty is to be provided by the applicant for all
or some portion or the work, a detailed cost estimate for the installation
and inspection of site improvements.
B.
Effect of stamping by the Planning Board. Upon stamping
and signature by the Planning Board Chair, the Planning Board shall
forward a copy of the approved site plan to the Superintendent of
Buildings and the applicant. A building permit or certificate of occupancy,
as applicable, may then be issued if the project conforms to all other
applicable requirements, including the applicant's presentation of
documentation that all necessary permits and approvals from federal,
state and county officials and agencies have been issued.
A.
Planning Board approval of a site plan shall expire
if any of the following circumstances occurs:
(1)
The site plan is not submitted for stamping and signature
within six calendar months of the Board's resolution of site plan
approval, with or without modifications.
(2)
A complete application for either a building permit
or certificate of occupancy is not submitted within one calendar year
of the stamping and signing of the site plan.
(3)
Work authorized under a building permit is not commenced
and diligently pursued through the completion of substantial construction
within 24 months of the stamping and signing of the site plan, unless
the Planning Board extends the time.
B.
Requests for extensions of time must be in writing
and must be submitted no less than 30 days prior to the expiration
of the time.
A.
A statement shall be placed on all site plans approved
by the Planning Board to the effect that the owner agrees to comply
with the plan and all conditions noted thereon. The installation of
required site improvements (all roads, paved areas, drainage, utilities,
outdoor lighting, open space and recreation, landscaping and screening,
including planting) that affect public property and are an integral
part of the approved plan may be guaranteed by cash, performance bond
or other acceptable guaranty approved by the Board of Trustees and
the Village Attorney. In the event that a satisfactory guaranty is
not provided within 90 calendar days of the date of the resolution,
the site plan shall be null and void. A guaranty of the improvements
shall be for 100% of the cost of improvements. The cash, performance
bond or other acceptable guaranty shall be conditioned on the property
owner's or developer's completing the work as set forth on the approved
site plan in a manner satisfactory to the Planning Board and upon
the proper functioning of the improvements for a period of one calendar
year from their completion.
B.
In case of default, the guaranty shall be forfeited
and the Village shall use the amount to complete any incomplete portion
of the said work or to make sure repairs are undertaken as are necessary
to assure the proper functioning of the improvements. If any amount
of money remains after the Village has completed the work, any excess
money will be returned to the surety or the person putting up the
required deposit. The installation of all improvements shall be under
the direct supervision of a New York State registered or licensed
professional.
C.
To obtain a building permit, an applicant shall provide
to the Superintendent of Buildings proof of acceptance of the guaranty
by the Village Board. No part of the guaranty shall be released until
all of the requirements of site plan approval have been met, including
the construction and completion of all site improvements, and their
inspection and approval by the Village.
D.
The site improvements shall be fully completed in
accordance with the approved plan before any new building, structure
or outdoor use shown on the approved site plan is occupied or used,
or any existing building shown on the approved site plan is occupied
with a new use. No certificate of occupancy shall be issued until
all improvements shown on the approved site plan are installed and
an as-built drawing submitted to the Building Superintendent.
In its review of an application for site plan
approval, the Planning Board may consult with or require the applicant
to consult with other Village officials, agencies and designated private
consultants, and with representatives of county, state and federal
agencies, including but not limited to the State Department of Transportation,
the State Health Department, the Department of Environmental Conservation
and the Army Corps of Engineers, as needed.
The Planning Board shall comply with the provisions
of the State Environmental Quality Review Act under Article 8 of the
Environmental Conservation Law and 6 NYCRR 617.
[Amended 11-29-2004 by L.L. No. 9-2004; 10-27-2008 by L.L. No. 11-2008]
A.
The fee for site plan applications to the Planning
Board shall include payment or reimbursement of reasonable costs incurred
by the Planning Board for private engineering, environmental, planning
and/or architectural consultants, or other private consulting services
reasonably deemed necessary by the Planning Board, and other extraordinary
expenses in connection with the review of a proposed site plan. Such
reimbursable costs shall be in addition to any other fees required.
The applicant shall be required to provide an escrow deposit account
at any time on or after the receipt of the application, in an amount
sufficient to cover the anticipated costs for such consultant review
and other expenses.
B.
The fees to be paid by the applicant shall also include
payment or reimbursement of the following costs:
(1)
Publication of legal notices for public hearings,
or other required legal notices;
(2)
Stenographic minutes and transcription of meetings
and hearings;
(3)
Any fees or costs for environmental review conducted
pursuant to the State Environmental Quality Review Act or the regulations
adopted pursuant thereto.
C.
Inspection of improvements. The Superintendent of
Buildings shall be responsible for the overall inspection of site
improvements, including coordination with the Village Engineer and
other local officials and agencies as may be appropriate. Reasonable
expenses incurred by the Village for inspections by the designated
Village Engineer or other appropriate professionals shall, in addition
to fees and costs associated with site plan review, be reimbursed
to the Village by the applicant in accordance with the fee schedule
established by the Board of Trustees.
[Amended 11-29-2004 by L.L. No. 9-2004]
A.
Legislative intent. The Village of Rockville Centre
(Village) finds that the provision of parkland and recreation facilities
in conjunction with the development of multifamily uses is necessary
to meet the needs of its residents. Where it is not practical for
a particular development to provide parkland and recreational facilities,
it is in the best interest of the Village and its residents to require
funds to be paid to the Village exclusively for parks, playgrounds
or recreation facilities, including the acquisition of property.
B.
Before the Planning Board may approve a site plan
containing residential units, such site plan shall also show, when
required by such Board, a park or parks suitably located for playground
or other recreational facilities.
C.
Land for park, playground or other recreational facilities
may not be required until the Planning Board has made a finding that
a proper case exists for requiring that a park or parks be suitably
located for playgrounds or other recreation facilities within the
Village. Such findings shall include an evaluation of the present
and anticipated future needs for park and recreation facilities in
the Village based on projected population growth to which the particular
site plan will contribute.
D.
In the event the Planning Board makes a finding pursuant to § 330-14.1C that the proposed site plan presents a proper case for requiring a park or parks suitably located for playgrounds or other recreation purposes, but that a suitable park or parks of adequate size cannot be properly located on such site plan, the Planning Board may require a sum of money in lieu thereof, to be established by the Village Board of Trustees. In making such determination of suitability, the Planning Board shall assess the size and suitability of land shown on the site plan which could be possible locations for park or recreational facilities, as well as practical factors, including whether there is a need for additional facilities in the immediate neighborhood or a need for improvements to or the acquisition of parks, playgrounds or other recreation facilities or purposes that may be used by the population of the particular site plan. Any fee required by the Planning Board in lieu of land for park, playground or other recreation purposes or facilities pursuant to this section shall be deposited into a trust fund to be used by the Village exclusively for park, playground and other recreational purposes, including the acquisition of property.
E.
Notwithstanding § 330-14.1A through D, if the land included in a site plan under review is a portion of a subdivision that has been reviewed and approved, the Planning Board shall credit the applicant for any land set aside or money donated in lieu thereof under that subdivision approval. In the event of resubdivision of such plat, nothing shall preclude the additional reservation of parkland or money donated in lieu thereof.
A.
General standards as basis for action on exterior
design review:
(1)
Enhancement of natural features of site and surroundings,
including location of plantings and screening devices.
(2)
Exterior lighting, to minimize the impact upon public
and adjacent properties.
(3)
Comparison with the exterior design and appearances
of existing structures.
(4)
Harmony with the character of the district in terms
of color, materials and appearance of structures.
(5)
Ability to maintain the property values of the surrounding
existing structures.
(6)
Size and arrangement of doors, windows, porticos,
porches or garages or other openings, breaks or extensions in the
facade.
(7)
Heights, widths and lengths of elements of design,
exterior materials and treatments, roof structures, exposed mechanical
equipment, service and storage areas, retaining walls, landscaping,
signs, light posts, parking area and fences, service and loading areas.
B.
No exterior design consultant shall review his or
her own submissions. An alternate consultant shall be appointed in
such an instance.
C.
The reviewing board shall act by resolution to either
approve or disapprove or approve with modifications the exterior design
application. A resolution of either approval or approval with modifications
shall include authorization to issue a building permit, provided that
any other approval has been obtained.
D.
If the reviewing board's resolution includes a requirement
that modifications be incorporated in the exterior design plan, conformance
with the modifications shall be considered a condition of approval.
If the exterior design plan is disapproved, the reviewing board's
resolution shall state specific reasons for such decision.
E.
Upon approval or approval with modifications, the
reviewing board shall endorse a copy of the exterior design plan and
give it to the Superintendent of Buildings, who shall then issue the
appropriate permit if the project conforms to all other applicable
requirements.
F.
Upon disapproval, the reviewing board shall inform
the Superintendent of Buildings, in writing, who shall not issue a
building permit or certificate of occupancy.
G.
Failure on the part of the reviewing board to act
upon an application determined to be complete by the Superintendent
of Buildings within 62 days shall be deemed to constitute approval,
unless the time limit is extended by stipulation with the applicant.
Required submissions for exterior design review
are:
A.
Completed building permit application.
B.
Filing fee.
D.
Eight plot plans by a licensed surveyor, engineer
or architect, which will show the following. (If subject parcel is
located on a county road, eight original copies are required.)
(1)
Proposed setback from street line, proposed side yards,
proposed rear yard.
(2)
Proposed and existing elevations of the four corners
of the subject property and elevation of adjacent properties.
(3)
Proposed elevation of garage floor; proposed elevation
of first floor.
(4)
Proposed finished grade at four corners of the building.
(5)
Location of driveway and curb cut.
(6)
Location and size of all required dry wells.
(7)
Locate and plot all existing trees; also indicate
size of trees.
(8)
Locate and plot light poles, fire hydrants, etc.
(9)
Computation of area covered by all structures to be
shown on the plot plan.
E.
Eight plot plans with a detailed landscape plan indicating
the location, type and size of all new plantings, existing trees,
and shrubs which will remain.
F.
Eight copies of a radius map, which will include the
following information:
(1)
Radius map from tax maps showing all lots within a
radius of 200 feet from all corners of the property in question, designating
section, block, lot(s), street addresses, size of lot and name of
the owner of each parcel within said radius.
(2)
Setback from street line of all dwellings on the same
side of the street within the same block of the proposed dwelling.
Computation shall include a drawing of the average setback of all
dwellings on the same side of the street within the same block.
G.
Names; notices; proof of notice:
(1)
Names and addresses of owners, using the section,
block, and lot(s) from required radius maps at the Village Tax Office;
names and addresses on Form BR-3, to be submitted to the Secretary
of the reviewing board.
(2)
Proof of notice on Form BR-2, by certified mail, return
receipt requested, to all owners within the required radius, at least
seven days before the scheduled meeting date. Notice must state the
nature of the application, Index Number, date of hearing, location,
and address of property.
(3)
One copy of Form BR-4, both sides completed, to the
Secretary of the reviewing board, as an affidavit of service; with
mailing date, and notarization.
(4)
Certified mail receipts shall be given to the Secretary
of the reviewing board no later than two days before the date of the
meeting.
H.
If this building plot is a split-off from an existing
plot with dwelling, submit eight surveys of the existing dwelling
and all structures showing side yards, front yard, rear yard, and
area of land covered.
I.
Pictures of all buildings on the same side of the
street within 100 feet each side of the subject parcel and on the
opposite side of the street for the same distance, with address of
the building on each photo of the building.
J.
A professionally prepared color rendering will be
required and eight sets of eleven-inch-by-fourteen-inch color photographic
reductions of the rendering and site plan, and each of any other building
plans submitted in connection with this application.
K.
Any other information that may be required by the
Superintendent of Buildings or Village Engineer.
