[HISTORY: Adopted by the Board of Trustees
of the Village of Oyster Bay Cove 11-15-2005 by L.L. No. 11-2005. Amendments noted where applicable.]
A.
The Board of Trustees of the Village of Oyster Bay
Cove (hereinafter the "Board of Trustees") hereby finds that in order
to ensure that future land use, development and construction activities
within the Village of Oyster Bay Cove (hereinafter "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 Planning Board review.
B.
It is 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
Planning Board to review site plans as provided in this chapter, pursuant
to appropriate standards, 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.
A.
Pursuant to Village Law, § 7-725-a, the
Planning Board 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.
In approving a site plan, the Planning Board may impose
reasonable conditions and restrictions as are related to and incidental
to the proposed site plan. Thereupon, where appropriate, such imposed
conditions must be met before the issuance of permits by applicable
enforcement agencies or officials of the Village.
A.
Except as otherwise provided by law, 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 Village.
(2)
All buildings, structures and land uses accessory
to a residential land use permitted in the Village.
(3)
All buildings, structures or land uses accessory to
a special use permit.
(4)
All new buildings, structures or land uses for which
a use variance has been granted.
(5)
Any addition to or expansion 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, whether pursuant to site plan approval or prior to
the requirement thereof, or equals or exceeds a gross floor area limitation
imposed by decision of the Planning Board or Board of Appeals. As
used in this chapter, "gross floor area" shall be calculated in accordance
with the definition set forth in the Village Code of Ordinances, or
if no such definition is available, as established by the Building
Official.
[Amended 3-21-2006 by L.L. No. 2-2006]
(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 Inspector, except
upon authorization of and in conformity with a site plan approved
by the Planning Board.
C.
Modification to an approved site plan.
(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 Planning Board before a building permit for the modified plan may be issued.
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 Planning Board
site plan review if, in the unanimous opinion of the Building Inspector
and two members of the Planning Board appointed by the Chairman of
the Planning Board for such purpose, the modification is determined
to be 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.
E.
No demolition permit for a building or structure subject
to site plan review shall be issued by the Building Inspector, except
upon authorization of and in conformity with a site plan approved
by the Planning Board, unless the applicant certifies that no building
permit application is presently pending; that no trees or evergreens
will be removed; that no change of grade will be made to the premises;
that any depressions left by removal of a foundation or other below
grade structures will be filled with compatible clean fill material;
that all debris will be removed from the premises; the property will
otherwise comply with the property maintenance provisions of the Village
Code; and that unvegetated and disturbed areas will be seeded with
noninvasive grasses.
[Amended 1-20-2015 by L.L. No. 1-2015]
A.
Applications for site plan approval shall be submitted
to the Village Clerk, who shall provide two copies of same to the
Village Building Department for determination of completeness and
comment. The Village Building Department shall consist of the Building
Inspector and the Village Engineer.
(1)
All applications shall be submitted in person.
(2)
Prior to submitting an application for site plan approval,
the applicant shall make an appointment to meet with the Village Building
Inspector for review of the proposed submission. The proposed submission
shall be submitted to the Village Clerk prior to the appointment.
[Amended 3-21-2006 by L.L. No. 2-2006]
B.
The Building Department shall return the applications
to the Village Clerk after appropriate review, at least 30 days prior
to the Planning Board meeting at which the site plan is to be considered
and except as otherwise provided herein.
C.
The application 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)
A recent 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 an
appropriate licensed professional, and which shall include the following
information:
[Amended 3-21-2006 by L.L. No. 2-2006]
(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 name and address
of the preparer of the document, 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, inclusive of dimensions, 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)
Location plans and elevations of all proposed
structures.
(j)
Location of all existing and proposed driveways,
walkways and impervious surfaces located on the property.
(k)
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.
(l)
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 dashed lines; proposed
contours are to be indicated by solid lines.
(m)
Existing elevations of the road or right-of-way
contiguous to the site.
(n)
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.
(o)
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.
(p)
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.
(q)
All provisions for pedestrian access to the
site and internal pedestrian circulation.
(r)
The location and design of any off-street parking
areas, loading or outdoor storage areas.
(s)
The location of all existing and proposed waterlines,
valves and hydrants and all sewer lines or alternative means of water
supply or sewage disposal and treatment.
(u)
The location, design, dimensions and type of
construction of all proposed signs.
(v)
The post development stormwater management plan.
(w)
Structural elevation calculations.
(x)
Zoning calculations, including lot coverage
and height to distance calculation, in tabular form.
(y)
Illustration of all proposed structures as they
relate to sky exposure plane.
(aa)
Delineation of Coastal Erosion Hazard Area,
if the property is located within the designated Coastal Management
Zone.
(cc)
Graphic elevations of each side of each proposed
structure or land use, as situated on the property, including sufficient
detail to ascertain the quality of the materials, design and construction.
(dd)
Identification of owners of adjoining properties,
by name, address, and section, block and lot number.
(ee)
The location of the nearest structures on adjacent
lots.
(ff)
Finished floor elevations for existing and proposed
structures.
(gg)
Direction of proposed runoff for paved areas.
(hh)
Existing and proposed drainage structures.
(ii)
Erosion control plans, to include the specification
and details of best management practices, according to New York State
Department of Environmental Conservation guidelines.
(jj)
Existing and proposed fences.
(kk)
Existing and proposed retaining walls, with
calculations by a qualified licensed professional for retaining walls
greater or equal to four feet in height, measured from the top of
wall to the top of footing.
(ll)
The proposed limits of disturbance.
(mm)
Any notes necessary to clarify the intended
construction.
(4)
Landscaping plan, drawn at a scale of not less than
one inch equals 20 feet and which contains the following information:
[Amended 3-21-2006 by L.L. No. 2-2006]
(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.
(d)
The location of all shrubs and/or any vegetation,
identified by type or species, which are to be removed.
(e)
The location of all 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 bearing a trunk
circumference greater than 12 inches measured at a point three feet
above the highest ground level, and shrubs identified by size, height
and type or species that are to be removed and/or to be provided.
(5)
Photographs of existing structures of the property
and surrounding landscaping/screening.
(6)
Environmental assessment form completed and signed
by the applicant, where applicable.
(7)
Original building permit application which was reviewed
by the Building Department.
(8)
Memoranda of review issued by the Building Inspector
and/or Village Engineer.
(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
within 1,000 feet of the boundaries of 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), together with a title search conducted within two years prior
to the date of submission of the application.
(12)
Letter from the Water District or other entity
responsible for water supply, regarding availability of water to the
site (for new structures only).
(13)
All appropriate permit fees, charges and deposits as set forth in Chapter 162, Fees and Deposits. The applicant will be responsible for all charges incurred by the Village in the consideration, review and determination of an application.
(14)
Photographs of neighboring properties, taken
from the proposed location.
(15)
Any other information found by the Planning
Board or Building Department to be necessary to reasonably determine
compliance of the site plan with this chapter and Village Law, § 7-725-a.
D.
A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter 274, Stormwater Management and Erosion and Sediment Control, shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards of Chapter 274, Stormwater Management and Erosion and Sediment Control. The approved site plan shall be consistent with the provisions of Chapter 274, Stormwater Management and Erosion and Sediment Control.
[Added 5-15-2007 by L.L. No. 5-2007[5]]
[5]
Editor's Note: This local law also redesignated
former Subsection D as Subsection E.
E.
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 Planning Board. In determining whether waiver is appropriate,
the Building Department should give due consideration to the cost
of the proposed structure, such that the cost of the process of obtaining
approval should not be disproportionate to the cost of the structure
under consideration.
A.
In reviewing any application for site plan approval,
the Planning Board 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, including any potential
future auxiliary structures and uses.
(2)
The adequacy and arrangement of vehicular access and
circulation. All driveways to a public or private street shall be
so located to afford safe access to said roadway and to provide for
safe and convenient ingress and egress and to minimize conflict with
the flow of traffic and other driveways, 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 without causing damage or
otherwise impacting on the subject property or any neighboring property.
(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, light, glare, unsightliness, disturbances and nuisances.
(10)
The overall impact of the proposed development
on the neighborhood and surrounding uses, including compatibility
of architectural and design considerations.
(11)
Any slopes in excess of 15%.
B.
The Planning Board shall not approve a site plan application
unless it affirmatively finds 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 site or surroundings, including
those of neighboring structures;
(2)
Mar the appearance of the area;
(3)
Impair the use, enjoyment and desirability of neighboring
properties, 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, comfort and general welfare of the entire
community.
Unless the Planning Board determines that it
cannot approve an application as submitted with any reasonable modifications,
the Planning Board shall conduct a public hearing with regard to every
application for site plan review within 90 days after the date the
application is found to be complete by the Planning Board. If the
Planning Board determines that it cannot approve an application as
submitted with any reasonable modifications, then it can disapprove
the application without a public hearing.
[Amended 1-18-2011 by L.L. No. 1-2011]
The applicant shall mail notice of the public
hearing in a form provided by the Village Attorney. The notice shall
be mailed first class and addressed to all owners of properties located
in whole or in part within 1,000 feet of 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. The completion
of this mailing requirement shall be attested to by the applicant,
applicant's attorney or other professional. Initial mailing shall
take place at least 20 days prior to such hearing. All subsequent
notices shall be at least 10 days prior to such hearing. The Village
Clerk shall cause notice of the public hearing to be published in
the official newspaper of the Village at least 10 days prior to such
hearing and to be posted in any location where required by law. The
applicant shall file proof of mailing at least three business days
prior to the commencement of the public hearing.
A.
The Planning Board 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 the Village Clerk shall mail a copy to the applicant
or the applicant's representative.
C.
The time period in which the Planning Board must render
its decision may be extended by mutual consent of the applicant and
the Planning Board, or by the Planning Board unilaterally upon a finding
of good cause.
Any person aggrieved by a final site plan determination
by the Planning Board may apply to the Supreme Court for review by
a proceeding pursuant to 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, except where
a different period of time may be provided by law.
Any requirement for the approval or approval
with modifications and/or conditions of site plans submitted for approval
may be waived by the Planning Board, 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.
The Planning Board may adopt such further rules
and regulations, consistent with this chapter, as it deems reasonably
necessary to carry out the provisions of this chapter; provided, however,
that no such rule or regulation shall affect a substantive right of
any applicant or interested party. Such rules, or any amendment thereof,
shall be adopted only after a public hearing. The authority conferred
upon the Planning Board by this section is expressly limited to procedural
rules that conform in both substance and intent to the rules and regulations
set forth in this chapter.
[Amended 3-21-2006 by L.L. No. 2-2006]
Where a proposed site plan contains one or more
features which do not comply with the bulk, coverage, set back and/or
area requirements of the Village zoning regulations,[1] application for necessary variances shall be made directly
to the Board of Appeals, without first obtaining a final decision
or determination by the Planning Board, but after receipt of a determination
by the Building Official as to the manner in which the proposed plan
does not conform to such requirements. Should the application for
such variance(s) be granted, or granted with modifications, application
may then be made to the Planning Board for site plan approval pursuant
to this chapter. The Planning Board shall not have authority to grant
variances of any zoning regulation of the Village, except where such
authority is specifically granted by law.
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 Planning Board shall have continuing jurisdiction to review
and act upon a site plan, including any and all amendments to the
approved site plan, provided that no such action by the Planning Board
shall affect a vested right of any person.
B.
The Planning Board 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, or that the applicant
has failed to comply with any terms or conditions of the approved
site plan, the Building Official may issue a stop-work order, and
take such other action as is deemed appropriate. Unless doing so would
be in violation of the vested rights of any person or entity, the
Planning Board in such instance may rescind its prior site plan approval
in its entirety or in part.
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 laws, rules and regulations.
By submitting an application for site plan approval,
an applicant, and the owner(s) of any property which is the subject
of such application and who have authorized the application, shall
be deemed to have consented to entry upon the subject property by
Village officials involved in the review and approval process with
respect to such application at any reasonable time of the day, including
weekends and holidays, prior to the approval of the application, for
any purposes reasonably related to the review and approval of an application
for site plan approval or modification of a site plan approval.
Any person or entity, including the owner, general
agent and/or contractor of a building or premises which is the subject
of an application or approval pursuant to this chapter, who violates,
or causes or permits the violation of, any provision of this chapter,
or of any condition of a permit issued pursuant to this chapter, shall
be punishable for a violation as provided by law. Each week in which
a violation continues shall constitute a separate additional violation.
A.
The Planning Board 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 Planning Board 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, and neighboring properties.
B.
If public improvements are required, a separate cash
deposit, performance bond or irrevocable letter of credit, in an amount
determined by the Planning Board after recommendation from the Village
Engineer, which amount shall be sufficient to ensure that all required
public improvements shall be completed.
C.
No performance bond or irrevocable letter of credit
shall be accepted by the Village Clerk unless approved by the Village
Attorney as to form and substance, and manner of execution.
A site plan approval shall automatically expire
one year after the resolution granting approval is filed in the office
of the Village Clerk, unless a building permit has been issued in
furtherance thereof. Upon application prior to the expiration of a
site plan approval, and upon payment of a fee in an amount to be determined
by the Board of Trustees by resolution, the Planning Board may grant
one or more extensions of a site plan approval for an additional period,
not to exceed 12 months from the expiration of the original approval.
Thereafter, any further extensions may be granted only by the Board
of Trustees, upon such terms and conditions as the Board of Trustees
may determine to be appropriate.
