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.
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.
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:
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.
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.
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.
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.
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.
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.
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.