Village of Freeport, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Freeport 7-6-1998 by L.L. No. 2-1998. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 86.
Environmental quality review — See Ch. 110.
Fire prevention — See Ch. 115.
Flood damage prevention — See Ch. 87.
Landmarks preservation — See Ch. 134.
Zoning — See Ch. 210.

§ 209-1 Intent and purpose.

It is the purpose of this chapter to promote the health, safety and general welfare of the Village through site plan review. This design evaluation procedure will allow the Village to review the arrangement, layout, use interrelationships and neighborhood impacts of sites intended for development or redevelopment and to ensure the aesthetic quality of such design to conform with the character of the neighborhood. It is also the intent of this chapter to protect the unique coastal area of the Village through site plan review by maximizing the conservation, enhancement, and utilization of its natural and man-made resources.

§ 209-2 Legislative authority.

In accordance with § 7-725-a of the Village Law, the Board of Trustees of the Village of Freeport authorizes the Planning Board to review and approve, approve with modifications or disapprove site plans pursuant to this chapter. In accordance with Municipal Home Rule Law §§ 10 and 22, this chapter supersedes § 7-725-a of the Village Law to the extent of permitting the Village to require:
A. 
The posting of a performance bond, assurance or other guaranty as a condition of site plan approval.
B. 
The reservation of parkland on site plans containing residential units, which are suitably located for recreational purposes, or the monetary payment of a sum to the Village in lieu of the reservation of parkland, pursuant to the standards and criteria set forth in § 209-7 of this chapter.

§ 209-3 Definitions.

Unless otherwise defined herein, the definitions contained in § 210-3 of the Code of the Village of Freeport, New York, shall apply to this chapter for the purpose of defining, interpreting, construing and applying the terms and provisions of this chapter. In addition to the foregoing, the following definitions shall apply:
CLERK OF THE PLANNING BOARD
The Village Clerk, or a duly authorized representative.
PLANNING BOARD
The Planning Board of the Incorporated Village of Freeport, New York.
SITE PLAN
A map prepared by an architect, a landscape architect, a civil engineer or a surveyor, containing the elements set forth in § 209-6C(3) as applicable, together with an architectural rendering of the proposed buildings and structures.

§ 209-4 Applicability; exemptions.

A. 
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 chapter has been approved by the Planning Board. In all cases requiring site plan approval by the Planning Board, a building permit or, where no building permit may be required, a certificate of occupancy or certificate of completion for all buildings or structures and outdoor uses of land shall not be issued by the Superintendent of Buildings except upon authorization of, and in conformity with, the site plan approval by the Planning Board. However, the Site Plan Review Board, pursuant to the provisions of § 210-207 of the Village Code, shall only have the authority to review issues involving sign permits when such issues involve denials or modifications of sign permit applications as initially determined by the Superintendent of Buildings.
[Amended 1-24-2005 by L.L. No. 1-2005]
B. 
Specifically excluded from the provisions of this chapter are the following items:
(1) 
Renovations which are 100% internal to an existing building or structure.
(2) 
Exterior renovations to an existing building or structure which do not increase, alter or otherwise modify the outer envelope of said building or structure. However, facade improvements to business and commercial structures are specifically included within the provisions of this chapter.
(3) 
Repair and replacement of existing driveways, curb cuts, aprons and sidewalks.
(4) 
Repair and replacement of existing bulkheads, piers, mooring poles and/or floating docks.
(5) 
Repairs to existing in-ground and aboveground swimming pools, except such pools which are located on corner parcels.
(6) 
Fences which do not extend beyond the front line of the building or principal structure.
(7) 
Decks which are five feet or less above grade.
(8) 
Storage sheds which conform with all zoning regulations and do not exceed 120 square feet and/or a height of 10 feet at the ridge.

§ 209-5 Concept plan conference.

A preliminary conference or conferences may be held between the Planning Board, a representative of the Building Department and the applicant and his/her representatives upon written request to the Clerk of the Planning Board 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 Planning Board of the proposal prior to the preparation of a detailed site plan, and for the Planning Board to review the basic site design concept, to advise the applicant as to potential problems and concerns and to determine generally the type of information to be shown on and submitted with the site plan. In order to accomplish these objectives, the applicant shall provide the following:
A. 
A statement and site map showing the location and dimensions of all structures, buildings, parking areas, access signs (with descriptions), existing and proposed vegetation and other planned features on the site, anticipated changes in the site's existing topography and natural features, and, where applicable, measures and features to comply with other applicable state and/or local regulations, including but not limited to tidal wetlands, freshwater wetlands and flood hazard areas.
B. 
A map of the area winch clearly shows the location of the site with respect to nearby streets, rights-of-way, properties, waterbodies, shorelines (with high-water line), easements and other pertinent features.
C. 
A topographic or contour map of adequate scale and detail to show site topography.

§ 209-6 Application requirements.

A. 
All applications for approval of a site plan shall be submitted on a form prescribed by rule or regulation of the Planning Board. Eight copies of the site plan application and any related information shall be submitted to the Planning Board. No application shall be accepted by the Clerk of the Planning Board unless it is complete. Within 30 days of receipt of the application, the Planning Board shall determine whether said application is complete. If the Planning Board determines that said application is incomplete, it shall promptly notify the applicant wherein said application is deficient.
B. 
No application shall be deemed complete until either a negative declaration or conditioned negative declaration has been made for the application pursuant to the State Environmental Quality Review Act (SEQRA) or, if a positive declaration is made, until a draft environmental impact statement has been accepted by the lead agency as satisfactory with respect to scope, content and adequacy. Regardless of the time requirements of this section, reasonable time shall be provided for compliance with SEQRA, including the preparation of a final environmental impact statement.
C. 
The application shall be accompanied by information contained on the following checklist. The Planning Board may, at its discretion, waive any requirements on this checklist which are clearly not relevant to the proposed use and site:
(1) 
The Building Department shall provide the applicant with a G.I.S. survey of all parcels within a radius of 500 feet of the subject parcel.
(2) 
The applicant shall provide photographs of all parcels within a radius of 300 feet of the subject parcel, with identifying comments on said photographs.
(3) 
A site plan shall include the following information, plotted as necessary to a scale of not more than 20 feet to one inch:
(a) 
Title of drawing, including name and address of applicant.
(b) 
North point, scale and date.
(c) 
Boundaries of the project.
(d) 
Existing natural features, such as watercourses, waterbodies, wetlands, wooded areas and individual large trees on the subject property. Features to be retained should be noted.
(e) 
Floodplain boundaries as determined by the Federal Emergency Management Agency.
(f) 
Location of proposed land and water uses and their areas, in acres, and the location, together with the proposed use, dimensions, height and architectural features, of all buildings and other structures.
(g) 
Location of outdoor storage and description of materials to be stored.
(h) 
Location of all existing or proposed site improvements, including streets, drains, culverts, retaining walls, fences, docks and easements, whether public or private.
(i) 
Location and description of all proposed waterfront public access/recreation provisions.
(j) 
Description of sewage disposal and water supply systems and location of such facilities.
(k) 
Location and proposed development of buffer areas and other landscaping; the general landscaping plan and planting schedule.
(l) 
Location of all parking and loading areas, internal circulation pattern and ingress and egress drives.
(m) 
Provision for pedestrian and patron access, including public and private sidewalks, walkways and docks.
(n) 
Location, design and size of all signs and lighting facilities.
(o) 
Approximate locations and dimensions of areas proposed for neighborhood parts, playgrounds or other permanent open space.
(p) 
Building orientation and site design for energy efficiency and visual quality.
(q) 
Location and design of all energy distribution facilities, including electrical, gas and solar energy.
(r) 
Description and location of erosion control measures, including proposed location of sediment sink/setting pond and interceptor swales, etc.
(s) 
Location, supporting design data and copies of computations used as a basis for the design capacities and performance of stormwater management facilities.
(t) 
Lines and dimensions of all property which is offered, or to be offered, for dedication for public use, with the purpose indicated thereon, and of all property that is proposed to be reserved by deed covenant for the common use of the property owners of the development.
(u) 
Estimated project construction schedule.
(v) 
Record of application for approval status of all necessary permits from federal, state and county officials.
(w) 
Identification of any federal, state or county permits required for project execution.
(x) 
The Planning Board may require such additional information as it may deem necessary for a complete assessment of the project pursuant to this chapter.
D. 
A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter 210, Article XXIX, shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards within such chapter and article.
[Added 12-17-2007 by L.L. No. 6-2007]

§ 209-7 Review criteria.

A. 
General criteria. Planning Board review of the site plan shall include, but not be limited to, the following criteria:
(1) 
Development shall be compatible with natural features of the site and with surrounding land uses.
(2) 
Various on-site structures and uses within the development shall be harmonious and in scale to one another and with the neighborhood. No open design foundation system will be permitted for residential structures within an AE flood zone. Open design foundation systems shall only be permitted in FEMA designated V (Velocity) zones.
[Amended 5-6-2015 by L.L. No. 2-2015]
(3) 
Development shall be arranged to minimize visual or noise impacts with adjoining uses and adjoining lands. In mitigating impacts, consideration shall be given to the use, adequacy, type and arrangement of trees, shrubs and other landscaping materials.
(4) 
Development shall minimize the destruction, damage or detrimental modification of, or interference with, natural, scenic, topographic or physical features of the site.
(5) 
Development shall promote and facilitate open space, recreation and public access to the water, where appropriate and feasible, and shall avoid obstruction of existing public or semi-public access to the waterfront.
(6) 
Development shall provide for sufficient and adequate off-street parking and loading space.
(7) 
Development shall provide adequate and efficient arrangement of vehicular traffic access and circulation within the site and take steps to mitigate the proposal's effect on traffic patterns and congestion in the vicinity of the proposed development.
(8) 
Development shall provide unimpeded access for emergency service vehicles and convenient availability of fire protection devices.
(9) 
Development shall provide for adequate pedestrian and nonmotorized vehicular access, circulation and safety.
(10) 
Development shall give consideration to the relationship, compatibility, location, arrangements, size, design and aesthetics of buildings, lighting and signs with respect to on-site and off-site uses and facilities.
(11) 
Development shall ensure that there will be no measurable increase in runoff from the site during or after construction.
(12) 
Development shall ensure an adequate supply of potable water and sanitary waste disposal systems.
(13) 
Development shall minimize flooding and erosion hazards through nonstructural means, long-term structural measures and appropriate siting of structures.
(14) 
Development shall protect surface waters and groundwaters from direct and indirect pollution and from overuse.
(15) 
Development shall ensure the adequacy of landscaping and setbacks in regard to achieving maximum compatibility with, and protection of, local and area scenic quality, adjacent fish and wildlife habitats, freshwater wetlands, tidal wetlands and coastal waters.
(16) 
The height and bulk of buildings and structures shall be compatible with the site and in harmony with adjacent buildings, structures and uses so that new construction does not harm the visual quality or character of the area.
(17) 
For parcels abutting the water, and at the boundary between districts zoned for residential, apartment house, condominium or cooperative uses and all other districts, the height of the building or structure at any given point, where feasible, shall not exceed a distance greater than the setback of the structure from the lot line, except in the case of one-family dwellings, and except to the extent that a facility located adjacent to the water is essential to the functioning of a water-dependent use, as said term is defined in § 911 of the Executive Law of the State of New York.
(18) 
Building orientation and site design shall, to the maximum extent practicable, ensure that the proposed development conserves energy use.
(19) 
Development shall protect and avoid disturbance of sites recognized as being of local historical, architectural or archaeological importance on or adjacent to the site.
B. 
Reservation of parkland on site plans containing residential units.
(1) 
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 purposes.
(2) 
Land for park, playground or other recreational purposes 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 recreational purposes within the Village. Such finding shall include an evaluation of the present and anticipated future needs for park and recreational facilities in the Village based on projected population growth to which the particular site plan will contribute.
(3) 
In the event that the Planning Board makes a finding pursuant to § 209-7B(2) that the proposed site plan presents a proper case for requiring a park or parks suitably located for playgrounds or other recreational purposes but that a suitable park or parks of adequate size to meet the requirement cannot be properly located on such site plan, the Planning Board may require a sum of money in lieu thereof to be established by resolution of the Board of Trustees. In making such determination of suitability, the Planning Board shall assess the size and suitability of lands shown on the site plan which could be possible locations for parks or recreational facilities, as well as practical factors, including whether there is a need for additional facilities in the immediate neighborhood. Any money required by the Planning Board in lieu of land for park playground or other recreational purposes, pursuant to the provisions of this section, shall be deposited into a trust fund to be used by the Village exclusively for park, playground or other recreational purposes, including but not limited to the acquisition of a fee, or less than fee, interest in property or the enhancement or revitalization of existing park facilities.
(4) 
Notwithstanding the foregoing provisions of § 209-7B, if the land included in a site plan under review is a portion of a subdivision plat which has been reviewed and approved, the Planning Board shall credit the applicant for any land set aside, or money donated in lieu thereof, under such subdivision plat approval. In the event of resubdivision of such plat, nothing shall preclude the additional reservation of parkland or money donated in lieu thereof.
C. 
Consultation with other agencies and departments. In its review of a site plan, the Planning Board shall consult with the Superintendent of Buildings or his representative and may consult with other local and county officials and its designated private consultants, in addition to representatives of federal and state agencies, including but not limited to the New York State Department of Environmental Conservation, New York State Department of State and the Army Corps of Engineers.

§ 209-8 Public hearing.

Upon the Planning Board's determination that the site plan application is complete and satisfactory for review, a public hearing shall be scheduled to be held within 62 days from the time of such determination, except as provided for herein. For the purpose of this section, the date of determination of a complete application shall be taken as the date of the first regular Planning Board meeting following completion of the site plan application. The Clerk of the Planning Board shall mail notice of said hearing to the applicant at least 10 days before such hearing, and shall cause said hearing to be advertised at least five days prior to the scheduled date in a newspaper of general circulation in the Village and shall mail to all property owners within 300 feet of the subject property, by first-class mail, a notice of said hearing.

§ 209-9 Waiver of public hearing.

A. 
An applicant may apply to the Planning Board for a waiver of a public hearing.
B. 
The Planning Board may grant such a waiver upon a satisfactory demonstration, at a preliminary conference with the Planning Board, of all of the following:
(1) 
The property is located in a Residence AA or Residence A Zoning District.
(2) 
The proposed construction is not a new dwelling or building.
(3) 
The Planning Board determines that the review criteria contained in § 209-7 are satisfied.

§ 209-10 Planning Board action.

Within 62 days after the public hearing the Planning Board shall render a written decision. This sixty-two-day time period may be extended upon the mutual consent of the Planning Board and the applicant, or as may be permitted under the SEQRA.
A. 
Every decision of the Planning Board with respect to a site plan shall immediately be filed in the office of the Village Clerk and the Building Department.
B. 
Upon approval or approval with modifications, the Village Clerk shall mail to the applicant a copy of the written decision of the Planning Board.
C. 
Upon approval or approval with modifications, the Planning Board shall endorse a copy of the site plan and forward it to the Superintendent of Buildings, who shall then issue the appropriate permit if the project conforms to all other applicable requirements.
D. 
Upon disapproval, the Planning Board shall so inform the Superintendent of Buildings, who shall not issue a building permit or certificate of occupancy or of completion. The Village Clerk shall also mail to the applicant a copy of the written decision of the Planning Board and its reasons for disapproval. A copy of the appropriate minutes may suffice for this notice.
E. 
All mailings shall be by ordinary first-class mail to the applicant and his/her attorney, if any, at the address given by the applicant on the application form.
F. 
Specifications for all improvements shown on the site plan shall be those set forth in this chapter and in other local laws, rules and regulations or in construction specifications of the Village of Freeport.

§ 209-11 Assurances.

A. 
A statement shall be placed on all site plans approved by the Planning Board to the effect that the owner(s) agree(s) 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) which 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 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.
B. 
The said cash, performance bond or other acceptable guaranty shall be conditioned on the property owner's or developer's completing the said work enumerated herein and set forth on the approved site plan in a manner satisfactory to the Planning Board, and upon the proper functioning of said systems for a period of one year from their completion. In default thereof, the said guaranty shall be forfeited; and the Village shall use the amount thereof 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 said improvements. If any amount of money remains after the Village has completed said work, such 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 architect, landscape architect or professional engineer.
C. 
To obtain a building permit, an applicant shall provide to the Superintendent of Buildings proof of acceptance of guaranty by the Board of Trustees. 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.

§ 209-12 Filing fees.

The Board of Trustees of the Incorporated Village of Freeport shall adopt, by resolution, and from time to time may amend, but not more than once annually, a schedule of fees payable by an applicant for applications brought before the Planning Board for determination or action.

§ 209-13 Appeal.

The applicant or any aggrieved person may appeal a decision of the Planning Board. The appeal is made to the Supreme Court for review by 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 on a site plan application in the office of the Village Clerk.

§ 209-14 Severability.

In the event that any part or portion of this chapter shall be adjudged or determined to be invalid for any reason, such adjudication or determination shall not affect the validity of any other part or portion of this chapter. In the event that any provision of this chapter shall conflict or be inconsistent with any other provision of law, the more restrictive such provision shall be deemed to prevail to the extent inconsistent.