[Added 1-14-2003 by L.L. No. 1-2003]
The Board of Trustees finds that development
within the Village should proceed along orderly lines with due regard
to the public interest and the public health, safety and welfare.
Accordingly, a reasonable degree of control should be exercised over
the nature and character of land use and development which can be
accomplished by site plan review. The quality of a site's design can
have a significant effect on the use, enjoyment, and value of the
surrounding properties, with poor site design diminishing the positive
benefits that land use and development provide to a property owner
and the Village. Therefore, it is the purpose of this article to encourage
good site design by:
A.
Protecting the established character of the adjoining
properties, and the neighborhoods in which they are located.
B.
Preventing the depreciation of the value of adjoining
properties by assisting applicants in designing and locating structures
in a manner that will foster the development of property in harmony
with the community and the environment.
C.
Preserving and protecting the environment and the
natural attributes of the site.
D.
Lessen and, where possible, prevent traffic congestion.
E.
Prevent the overcrowding of land or buildings.
F.
Promote the health, safety, morals and general welfare
of the Village's proposed sites.
For the purpose of this article, and any rule,
regulation, and specification adopted hereunder, the following words
shall have the meanings herein indicated:
Any area having one or more of the following characteristics:
The Board of Trustees (for the purpose of this
article "SPR Board" or "Site Plan Review Board") shall review site
plan applications submitted pursuant to this article. The SPR Board
shall either approve, approve with conditions, or disapprove a site
plan application under review. Site plan review may be waived or modified
by the SPR Board when deemed warranted under unique circumstances,
provided such action is consistent with the intent of this article.
A site plan application shall be filed for any
of the following projects (hereinafter referred to as "project" or
"projects") when conducted within the Village:
A.
Construction of a dwelling;
C.
Any construction, clearing, grading or filling in
an environmentally sensitive area or within 100 feet of an environmentally
sensitive area;
D.
Grading, removal or filling of more than 100 cubic
yards of material;
E.
Clearing, grading or filling which will affect existing
drainage onto surrounding properties or neighboring environmentally
sensitive areas;
F.
Construction of a new driveway, curb cut or addition
to an existing driveway exceeding 750 square feet;
G.
Construction of any impervious surface exceeding 750
square feet.
The Board of Trustees, after a public hearing,
may by resolution adopt, amend or repeal rules, regulations, procedures,
specifications and additional review standards that it deems necessary
and reasonable for the implementation, interpretation, enforcement,
and administration of the provisions of this article.
The SPR Board shall review each site plan application
taking into consideration the requested project and the immediate
and future impacts the project will have on the property where the
project is being conducted, the surrounding properties, contiguous
or neighboring environmentally sensitive areas, and the Village. In
its review, the SPR Board may consider matters pertaining to or impacted
by the requested project, including, but not limited to, site drainage,
runoff, vehicular traffic including emergency access, driveway access,
flooding, erosion, preservation of existing trees and vegetation,
soil preservation, topography, shoreline, beach, bluff and wetlands,
utility services and equipment, outdoor lighting, landscaping design,
visual and sound impact on neighboring properties and such other impact
as the Board of Trustees deems appropriate for review in order to
protect the property, surrounding properties, the Village and their
respective environments, all in accordance and compliance with the
Village and State Building Codes. Existing vegetation, soil and grades
shall be preserved wherever possible.
A.
Where a site plan review is required, the property
owner or authorized agent shall submit a written application that
defines precisely the extent and nature of the contemplated project,
including its location on the site, and provide the following documents:
[Amended 9-11-2007 by L.L. No. 4-2007]
(1)
An up-to-date survey prepared by a licensed surveyor.
(2)
A Suffolk County Land and Tax Map showing the property
and adjacent properties within 200 feet, with the names and addresses
of the property owners.
(3)
A site plan prepared by a professional engineer. For
a new dwelling, the site plan must show details for the entire lot.
For all other applications, the site plan must show details within
100 feet of the project. All site plans must show such other details
of neighboring properties, roadways, and environmentally sensitive
areas which are or may be affected by the project. The SPR Board may
require additional site review details or an enlarged plan scope,
as it deems necessary for review.
(4)
A tree preservation plan, which indicates the trees,
bushes and shrubs to be removed, relocated, preserved, or planted
within the site review area.
(5)
Building plans, if applicable, showing exterior design,
footprint, and elevation.
(6)
In the event a stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter 94, Part 1, entitled "Stormwater Management and Erosion and Sediment Control," is required pursuant to the terms of Chapter 94, then that SWPPP shall also be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Chapter 94, Article II. The approved site plan shall be consistent with the provisions of Chapter 94.
B.
The property owner shall physically mark and stake
the property to delineate all areas and features which the SPR Board
deems pertinent to the review of the application pursuant to regulations
of the SPR Board.
[Amended 6-13-2006 by L.L. No. 2-2006; 3-9-2010 by L.L. No. 1-2010; 3-8-2016 by L.L. No. 1-2016]
A.
Filing fees: Every applicant for site plan review
shall pay to the Village Clerk a nonrefundable filing fee of $500.
B.
Deposit.
Every applicant shall deposit $2,000 with the Village for payment
of site review expenses incurred pursuant to this article.
C.
Site review expenses.
(1)
Each applicant shall be liable for and shall pay the actual and necessary charges which have been incurred by the Village in connection with the review of the application, including engineering and inspection, consultant, stenographic minutes, recording fees, and legal fees. Reimbursable engineering fees shall include, where applicable, the Village’s cost to review stormwater pollution prevention plans (SWPPPs) and inspect stormwater management practices to ensure that they comply with Chapter 94, the Village’s stormwater management and erosion and sediment control law.
(2)
Expenses incurred pursuant to this Subsection B shall be deducted from the deposit as incurred. If actual expenses exceed the deposit, the applicant is responsible for payment. To the extent that expenses exceed the deposit on hand, the applicant shall pay the balance due and make an additional deposit as deemed necessary by the SPR Board before the review continues to the next stage of review. No decision will be rendered until all outstanding payments of expenses are received by the Village. After filing of the final decision, all unexpended funds of the deposit shall be refunded.
D.
Security. Whenever the SPR Board approves a site plan
with conditions, it may require the posting of surety (in the form
approved by the Board of Trustees) in such amount determined sufficient
to guarantee final completion of the approved project.
A.
The decision of the SPR Board must be rendered either
in writing or at a public meeting. A written decision or minutes of
the public meeting where the action was taken must be filed with the
Village Clerk within 30 days after its adoption. The applicant or
aggrieved party may request, within 30 days of the filing of the written
decision, the specific findings of fact in support of the SPR Board's
decision which shall be provided within 30 days of request.
B.
For all construction subject to review under this
article, approval of the SPR Board is a condition precedent to commencing
the project or the issuance of a building permit by the Building Inspector.
