A.
Purposes.
(1)
The inclusion of Economic Development District A (hereinafter
described as "ED-A District") as part of the comprehensive plan of
land use embodied in this chapter is in accord with the following
developmental policy for the Village of Port Washington North; taking
into account considerations of:
(a)
The conservation of existing and potential property
values in the Village.
(b)
The character of existing development in the
Village.
(c)
The physical characteristics of the terrain
of the Village and the suitability of the land of the Village for
various uses.
(d)
The physical situation of the Village and the
functional relationships of the uses of the land therein to the existing
and prospective development of the inter-community area consisting
of the Port Washington - Manhasset areas and adjoining areas in Nassau
County, New York.
(2)
It is determined:
(a)
That development of unimproved land within the
Village over the last five years has indicated that the most appropriate
predominant use of land throughout the Village consists of low-density
one-family residential development, carefully regulated as to quality.
(b)
That all other uses in the Village shall be
either:
[1]
Related to such residential use in a community
sense, such as schools, churches, and other community institutions;
or
[2]
Economically related to such residential use
by reason of contributing to a tax base for the Village that will
make possible the adequate provision of the public facilities and
services that are necessary for sound residential development.
(c)
That all such nonresidential uses shall be limited
in location, size and character to the extent that they will satisfactorily
perform their respective functions, as aforesaid, in a manner that
will not detract from the predominantly low-density one-family residential
character of the Village or hinder further development of like nature
and quality.
(3)
The ED-A Districts are intended to provide a means for the establishment of the types of uses outlined in the preceding Subsection A(2)(b)[2], in a manner in keeping with modern practice as to group design of the buildings in which such uses are conducted, provision of adequate off-street automobile parking space, and safe and convenient traffic access and pedestrian circulation, and in harmony with the character of the neighborhood in which such uses are located.
B.
Uses permitted. A building may be erected, altered
or used, and a lot or premises may be used for any of the purposes
set forth in this section and for no other:
(1)
Offices for executive, administrative or professional
purposes;
(2)
Scientific and/or research laboratories;
(3)
Assembly, fabrication and finishing of articles of
small compass and high value, such as cameras, watches, precision
instruments, electronic instruments, business machines and the like;
(4)
Storage facilities provided there shall be no outside
storage of any nature and no warehousing or storage of building materials
or other heavy products;
(5)
Telephone exchanges and other similar public utility
facilities; facilities for organizations which provide fire protection
and ambulance services to the Village and the residents;
[Amended 8-21-1989 by L.L. No. 4-1989]
(6)
Establishments for printing, book binding, lithographing
and similar reproduction processes;
(7)
Libraries, educational and cultural centers;
(8)
Food establishments serving the general public, as conditionally permitted uses when authorized by the Board of Appeals pursuant to the provisions of § 176-149 of this chapter.
[Amended 9-13-2004 by L.L. No. 8-2004]
(9)
Food establishments incidental to any other uses permitted within an ED-A District, as conditional uses when authorized by the Board of Appeals pursuant to the provisions of § 176-149 of this chapter.
[Amended 9-13-2004 by L.L. No. 8-2004]
(10)
House of worship, when permitted as a special
exception by the Board of Trustees upon proper written application
therefor and after a public hearing on published notice, in accordance
with the following provisions:
[Added 3-2-1987 by L.L. No. 2-1987]
(a)
Such application shall show and be accompanied
by appropriate documents and plans sufficient to indicate the size,
location and use of all buildings, facilities and open areas, including
the provisions to be made for screening, traffic flow, fencing, parking
and lighting.
(b)
The Board of Trustees shall approve said application
only upon finding that the proposed layout and improvements will be
free of health, safety and fire hazards; will limit the height of
building and provide adequate and sufficient setbacks, screening,
fencing, off-street parking, safe traffic flow and adequate and sufficient
safeguards to insure, protect, and secure the use and enjoyment of
neighboring properties and the general area in which the subject premises
are located, without unreasonable interference.
(c)
The Board of Trustees in approving said application
may impose such additional regulations and restrictions as it feels
proper in the particular circumstances to assure the safeguards hereinabove
described, and in any event, shall require and provide that the applicant
meets all of the building, site, area, yard, screening, parking and
other standards set forth in this article.
(d)
Such conditions and requirements shall in all
cases include limitations of the number of persons who may safely
occupy the premises and any part or parts thereof at one time, ways
and means of reducing noise and disturbance to the neighborhood, including
limitations of hours and days during which social or nonreligious
functions may be conducted, and use of such structural materials and
procedures and implements, equipment and appliances as shall be necessary
or appropriate to safeguard against fire, health and safety hazards
and panic and shall prescribe the height, location and type of fencing.
(11)
All other uses which, in the opinion of the
Board of Trustees after public hearing, are of the same general character
as those specifically permitted herein in accordance with the following
procedure:
(a)
An application under this subsection shall be
filed with the Village Clerk. Such application must be in writing
and submitted in triplicate verified by the applicants or applicants
which shall contain the following:
[1]
Identity of the fee title owner of the property
and the contract vendee or lessee of the property, if any.
[2]
Fee title owner and contract vendee and/or lessee
of property, if any, must join in the application.
[3]
Accurate metes and bounds description of the
property, section, block and lot number from the Nassau County tax
maps. Short form description for public advertising purposes.
[4]
Present zoning of property.
[5]
Unequivocal statement of the use requested to
be made of the property if application is granted.
[6]
General statement of character and zoning of
surrounding neighborhood.
[7]
General statement of reasons or facts justifying
the relief sought.
(b)
Each such application shall be accompanied by
the following:
[1]
Two copies of a site plan and general building
plan showing the design, location, and use of building, structures
and open spaces as proposed by the application.
[2]
Six copies of a survey by a licensed engineer
or surveyor are required bearing a date not more than 60 days prior
to the date of application, and the scale must be not less than one
inch equals 100 feet and not larger than one inch equals 50 feet.
(c)
Where an application has been denied, no new
application for the same relief, as to the same parcel of property,
may be submitted for a period of one year after the date the resolution
denying the original application is filed in the Village Clerk's office.
(d)
The Board of Trustees, in considering such application
and after public hearing, may issue permits for such uses for a limited
period of time or otherwise, subject to such conditions and safeguards
as shall be deemed appropriate, when, in its opinion, it shall find
that such proposed use and improvement will conform to the general
character of the neighborhood in which the property to be used is
located and that the public health, morals, safety and general welfare
of such neighborhood will be secured and will be in accordance with
the comprehensive plan and the provisions as set forth in this chapter
to lessen congestion in the streets, to secure safety from fire, panic
or other danger, to prevent overcrowding of land, to avoid undue concentration
of population, to safeguard the adequate provision of water, sewage
disposal, parks and other public requirements and to protect and secure
the nature and character of the existing neighborhood and the values
of the property therein.
(e)
No modification, variance or change in the general
location, layout and character of the project, which shall include
the architectural designs and arrangements of all buildings as shown
on the plan, as approved, will be permitted.
C.
Performance standards. No use shall be established,
expanded, maintained or conducted in the ED-A District unless the
same shall comply with all of the performance standards set forth
in this subsection. The purpose of these performance standards are,
consistent with the promotion of the public health, safety, morals
and general welfare of the Village, to secure safety from fire, panic
and other dangers, to provide adequate light and air, to prevent the
overcrowding of land, to lessen traffic congestion, and to facilitate
development of areas in accordance with the development policy of
the Village, and in furtherance thereof:
(1)
To reduce to a minimum dissemination of smoke, gas,
dust, odor, or any other atmospheric pollutant, outside the building
in which the use is conducted.
(2)
To control noise perceptible beyond the boundaries
of the immediate site of the use.
(3)
To prevent the discharge of any waste material whatever
into any watercourse.
(4)
To prevent the dissemination of vibration of heat
or electromagnetic interference beyond the immediate site of the use.
(5)
To eliminate physical hazard by reason of fire, explosion,
radiation, or any similar cause, to property in the same or an adjacent
district.
(6)
To regulate and control the flow of vehicular traffic
on any street, road or highway within the Village, so as to prevent
overcrowding of streets during established traffic peak periods and
to maintain a reasonable and steady flow of traffic in the vicinity
of the ED-A District.
(7)
To regulate and control intensity and source of exterior
lighting so as to minimize the possibility of disturbance to adjacent
areas.
D.
Performance standards regulating noise.
(1)
DECIBEL
OCTAVE BAND
OCTAVE BAND FILTER
SOUND LEVEL METER
Definitions. For the purpose of this subsection, the
following terms are defined:
A unit of measurement of intensity of sound (the sound pressure
level).
A means of dividing the range of sound frequencies into octaves,
in order to classify sound according to pitch.
An instrument, standardized by the American Standards Association,
used in conjunction with a sound level meter to take measurements
in specific octave bands.
An instrument, standardized by the American Standards Association,
used for measurement of the intensity of sound and calibrated in decibels.
(2)
Method of measurement. For the purpose of measuring
the intensity and frequencies of sound, sound level meters and octave
band filters shall be employed. Sounds of short duration, which cannot
be measured accurately with the sound level meter shall be measured
with the impact noise filter as manufactured by the General Radio
Company, or its equivalent, in order to determine the peak value of
the impact.
(3)
Maximum permitted sound pressure level (in decibels):
|
Octave Band
(cycles per second)
|
Sound Pressure Level
(decibels)
| |
|
0 - 74
|
60
| |
|
75 - 149
|
52
| |
|
150 - 299
|
50
| |
|
300 - 599
|
45
| |
|
600 - 1,199
|
40
| |
|
1,200 - 2,399
|
36
| |
|
2,400 - 4,799
|
31
| |
|
4,800 - 20,000
|
30
|
(4)
In the ED-A District, the decibels resulting from
any activity, whether open or enclosed, shall not exceed at any point
on or beyond any lot line the maximum decibel levels for the designated
octave band as set forth in the table above, and where the ED-A District
lies within 200 feet of a district permitting residences, whether
within or without the Village, the maximum permitted decibel levels
at any point on or beyond the district boundary shall be reduced by
six decibels from the maximum permitted level in the table.
E.
Performance standards regulating vibration.
(1)
FREQUENCY
IMPACT VIBRATIONS
STEADY-STATE VIBRATIONS
THREE-COMPONENT MEASURING SYSTEM
Definitions. For the purpose of this subsection, the
following terms are defined:
The number of oscillations per second of a vibration.
Earth-borne oscillations occurring in discrete pulses at
or less than 100 per minute.
Continuous earth-borne oscillations, Discrete pulses that
occur more than 100 times per minute shall be considered to be steady
state vibrations.
A device for recording the intensity of any vibration in
three mutually perpendicular directions.
(2)
Method of measurement. For the purpose of measuring
vibration, a three-component measuring system approved by the administrative
official shall be employed.
(3)
Maximum permitted steady state and impact vibration
displacement (in inches):
|
Frequency
(cycles per second)
|
Vibration Displacement
(in inches)
| ||
|---|---|---|---|
|
Steady State
|
Impact
| ||
|
Under 10
|
.0005
|
.0010
| |
|
10 - 19
|
.0004
|
.0008
| |
|
20 - 29
|
.0003
|
.0006
| |
|
30 - 39
|
.0002
|
.0004
| |
|
40 and over
|
.0001
|
.0002
| |
(4)
In the ED-A District, no activity shall cause or create
a steady state or impact vibration on a lot line with a vibration
displacement by frequency bands in excess of that indicated in the
table above.
F.
Performance standards regulating smoke, dust and other
atmospheric pollutants.
(1)
DUST
PARTICULATE MATTER
RINGELMANN SMOKE CHART
SMOKE
SMOKE UNIT
Definitions. For the purpose of this subsection, the
following terms are defined:
Solid particulate matter capable of being air- or gas-borne.
Any finely divided liquid or solid matter, including smoke,
capable of being air- or gas-borne.
A chart for determining the density of smoke and is described
in Federal Bureau of Mines Information Circular 7718.
Any visible emission into the open air from any source, except
emissions of an uncontaminated water vapor.
A measure of the quantity of smoke being discharged and is
the number obtained by multiplying the smoke density in a Ringelmann
Smoke Chart number by the time of emission in minutes. For example,
the emission of Ringelmann Smoke Chart Number 1 for one minute equals
one smoke unit.
(2)
Method of measurement of smoke. For the purpose of
grading the density of the smoke, the Ringelmann Smoke Chart shall
be used for the purpose of determining the total smoke units emitted,
a reading shall be taken every minute for an hour or if less than
an hour until the total smoke units emitted exceed the number allowed
by this chapter. Each reading shall be multiplied by the number of
minutes during which it was observed and the product added.
(3)
Maximum permitted emission of smoke. In the ED-A District
there shall be no measurable emission of smoke, gas or other atmospheric
pollutant. The emission of one smoke unit per hour and smoke with
discernible density of Number 1 on the Ringelmann Smoke Chart shall
be prohibited.
(4)
Maximum permitted emission of dust.
(a)
Related to combustion for indirect heating.
In the ED-A District the emission of dust related to combustion for
indirect heating from any source shall not exceed 0.30 pounds of dust
per 1,000 pounds of flue gas adjusted to 50% excess air for combustion.
(b)
Related to processes other than combustion for
indirect heating. In the ED-A District there shall be no measurable
emission of dust or other particulate matter not related to combustion
for indirect heating.
(c)
Prevention of windblown air pollution. All storage
areas, yards, service roads or untreated open areas within the boundaries
of a plot in the ED-A District shall be improved and maintained with
appropriate landscaping, screening, paving, oiling, sprinkling, or
treated by other means, so that there shall be no dust or other types
of air pollution.
(5)
General control over smoke and other particulate matter.
In addition to the performance standards of regulating smoke and other
particulate matter, the mission of such matter shall be so controlled
in manner and quantity of emission as not to be detrimental to or
endanger the public health, safety, comfort, or other aspects of the
general welfare, or cause damage or injury to property.
G.
Performance standards regulating odorous matter. In
the ED-A District no odor shall be permitted outside the building
in which the use is conducted.
H.
Performance standards regulating toxic or noxious
matter. For the purposes of this subsection, toxic or noxious matter
is defined as any solid, liquid or gaseous matter, including but not
limited to gases, vapors, dusts, fumes and mists containing properties
which by chemical means are:
I.
General control over air pollution. In addition to
the performance standards set forth in this chapter for regulating
and controlling the emission into the open air of smoke, dust, odorous,
toxic and noxious matter, no vent (herein defined as an opening in
an enclosed structure or other enclosed system for discharging substances
to the open air) shall be so located, nor matter emitted of such characteristics
or in such quantities, as to be detrimental or dangerous to the public
health, safety, comfort or other aspects of the general welfare or
to cause damage or injury to property. No open fire, the combustion
air for which is uncontrolled in quantity and direction, and no incineration
or burning of waste solids shall be permitted within the ED-A District.
J.
Performance standards regulating radiation hazards.
No operation whether or not licensed by Atomic Energy Commission shall
be conducted in the ED-A District which exceeds the standards established
in Title 10, Chapter I, Part 20, Code of Federal Regulations, "Standards
for Protection Against Radiation," as amended through July 10, 1958,
or as it may thereafter be amended, or which violates any regulations
of any other administrative body charged with the responsibility of
controlling radiation.
K.
Performance standards regulating fire and explosive
hazards. No storage, utilization or manufacture of solid materials
or products, which burn actively and support combustion easily or
which have a low ignition temperature, a high rate of burning or create
great heat, and no materials producing flammable or explosive gases
or vapors under ordinary temperature conditions shall be permitted
in the ED-A District.
L.
Performance standards regulating humidity, heat or
light. No activity producing humidity in the form of steam or moist
air or producing heat shall be conducted in the ED-A District in such
a manner that the steam, humidity or heat is perceptible at any lot
line of the lot upon which such activity is conducted. All exterior
lighting or other illumination shall be of such design, so shaded
and so located, that the light sources may not be seen beyond the
boundaries of the plot on which located. In approving site development
plans, the Planning Board may limit the hours and intensity of lighting
so as to minimize the possibility of disturbance to nearby residential
areas.
M.
Performance standards regulating electromagnetic interference.
In the ED-A District no use, activity or process shall be conducted
which produces perceptible electromagnetic interference with normal
radio or television reception in any areas within or without the Village.
N.
Performance standards regulating vehicular traffic.
No use or activity shall be permitted in the ED-A District which in
the opinion of the Planning Board or the Board of Trustees shall create
undesirable vehicular traffic congestion or prevent the normal flow
of traffic on any street or highway within or in the vicinity of the
ED-A District, nor shall any use or activity be permitted in the ED-A
District which shall materially increase the volume of vehicular traffic
on arterial highways within the Village during currently established
peak traffic periods.
O.
Evidence of conformity. With respect to any application
for a building or use permit or a certificate of occupancy for any
use in the ED-A District, the Planning Board or the Building Inspector
may require the applicant, at its own expense to provide the Planning
Board with such evidence as they or he may deem necessary to determine
whether or not the proposed use will conform to the development policy
of the Village and the performance standards set forth above, and
in connection therewith the Planning Board or the Building Inspector
may obtain expert advice at the expense of the applicant, and payment
in advance of the amount of such expense shall be a condition of further
consideration of the application. Where appropriate, the Planning
Board may require the installation, maintenance and operation by the
applicant at applicant's expense of continuous recording instruments
to demonstrate the operation or effect of operations of any machines
or devices used to control or lessen noise, vibration, glare, air
pollution, water pollution, fire hazards or safety hazards.
A.
No building shall be occupied or used and no lot or
premises shall be occupied or used, unless the Planning Board shall
have approved the proposed use, the general building plan and the
site plan as complying with the "performance standards" hereinabove
set forth.
C.
Disapproval of the proposed use, the general building
plans or site plan or both shall be by written notice mailed by the
Village Clerk to the applicant, which notice shall state the reason
or reasons for such disapproval. The Building inspector and the Village
Engineer shall receive copies of such notice of disapproval.
D.
Within one year after the date of notice of disapproval by the Planning Board the applicant may submit to the Planning Board amended general building plans or site plan or both which shall be treated in accordance with § 176-92B hereinabove.
E.
Approval of submitted general building plans and site
plan by the Planning Board shall be based on conformity of said plans
to the provisions of this article and such approval shall be by resolution,
copies of which shall be given to the Building Inspector and the Village
Engineer. At the same time the Planning Board shall deliver to the
Building Inspector photostatic copies (or precise duplicates otherwise
prepared) of all related general building plans and site plan as approved.
F.
No approval by the Planning Board of any general building
plans or site plan shall constitute a waiver of any other pertinent
codes, regulations, requirements or ordinances of the Incorporated
Village of Port Washington North or any other properly constituted
jurisdictional authority.
G.
No certificate of occupancy shall be issued by the
Building Inspector for any use, construction or installation in the
scope of this article unless there shall have been filed with the
Building Inspector, along with the application for a certificate of
occupancy, a certified copy of the Planning Board resolution approving
the use, general building plans and site plan.
H.
In studying general building plans and site plan, the Planning Board and the Building Inspector shall consider all factors they deem pertinent with specific relationship to the performance standards hereinabove set forth in §§ 176-91C through O. In considering any site plan hereunder, the Planning Board and the Building Inspector shall endeavor to assure safety and convenience of traffic movement, both within the limits of the site and in relation to access streets, harmonious and beneficial relation among the buildings and uses on the site, and satisfactory and harmonious relation between the site and contiguous land and buildings and adjacent neighborhoods, all in furtherance of the purpose of this chapter.
I.
Notwithstanding anything to the contrary in this article,
for all uses in this article which require applications to either
the Board of Appeals or the Board of Trustees, all of the approvals
and actions to be taken by the Planning Board pursuant to this article
with regard to such applications shall be performed by the Board of
Appeals or the Board of Trustees as part of that application process,
instead of the Planning Board.
[Added 9-13-2004 by L.L. No. 8-2004;
amended 7-25-2005 by L.L. No. 6-2005]
A.
No building shall be erected on a lot having an area
less than three acres. In the case of a group development consisting
of more than one building, with access and open space appurtenant
to the group, as set forth on the building and site plans therefor
and approved in accordance with the provisions of this article. the
land occupied by the development shall have an aggregate area of not
less than three acres times each building comprised within the group.
B.
In the case of a group development all interior roads
shall be subject to approval by the Planning Board, with respect to
width and location and with respect to control of traffic, and shall
be constructed in accordance with specifications set forth in applicable
Village ordinances.
C.
As a prerequisite to Planning Board approval of any
group development plan, the applicant shall on behalf of himself and
all subsequent owners of the property, execute and deliver to the
Village an instrument in proper form for recording:
(1)
Providing for perpetual restrictions running with
the land against subdivision of the lot;
(2)
Providing that each structure or building contained
within the development shall have a perpetual easement over adjoining
land within the development necessary for vehicular ingress and egress
to the public highway designated as the available public highway by
the Planning Board; and
(3)
Providing for maintenance and repair of interior roads,
removal of snow and ice and sanding of roads when necessary at the
expense of the developer or any subsequent owner.
D.
The Planning Board, on application of the owner of
a parcel of land containing not less than 10 acres, may approve, as
part of a subdivision plan for such parcel of land, one or more lots
having an area of less than three acres but not less than one acre
each; provided, however, that the maximum number of lots in any such
subdivision shall be determined by dividing the total number of acres
comprising the parcel to be subdivided by two.
(1)
In exercising discretion with respect to approving
a lot of less than three acres in area as part of any such subdivision
plan, the Planning Board shall give consideration to the nature of
the proposed use, the height of the proposed structure, the location
of the plot in relation to other proposed uses and the contour of
the land involved.
E.
As a prerequisite to any Planning Board approval of
any individual or group development plan, the applicant shall, on
behalf of himself and of subsequent owners, agree, at his own expense,
to provide such security and safety measures as the Mayor and the
Board of Trustees of the Village may from time to time deem necessary.
A.
Buildings, structures and off-street loading and unloading
area considered together on any lot, shall not cover more than 35%
of the lot area. The remaining lot area may be divided among areas
for vehicular parking, landscaping, sidewalks, and vehicle access
roads, all as hereinafter defined.
A.
Front yard depth shall not be less than 100 feet,
except that in the case of a group development, the Planning Board
may, in its discretion, reduce the front yard depth requirements to
the extent necessary to accommodate more advantageous grouping of
structures.
B.
Each side yard width shall not be less than 30 feet,
except that a side yard abutting property in a residential district
either within or outside the Village shall not be less than 50 feet.
C.
Rear yard depths shall not be less than 30 feet, except
that a rear yard abutting property in a residential district either
within or outside the Village shall not be less than 50 feet.
A.
For calculation of areas covered by buildings under § 176-94A, the plan dimensions of buildings at grade shall include all projections such as exterior vestibules, and also the plan dimensions of such canopies and fixed awnings as may project above grade.
B.
No building shall exceed two stories or 25 feet in
height.
[Amended 12-14-1998 by L.L. No. 7-1998]
A.
Within the limits of the lot, parking areas shall
be provided in accordance with the following formula:
[Amended 2-26-1979 by L.L. No. 1-1979; 3-2-1987 by L.L. No. 2-1987; 6-13-1988 by L.L. No. 2-1988]
|
Use
|
Required Parking
| ||
|---|---|---|---|
|
Offices
|
One parking space for every 200 square feet
of floor space or each three employees, whichever is greater.
| ||
|
Light manufacturing
|
One parking space for every 500 square feet
of floor space.
| ||
|
Wholesale or warehouse
|
One parking space for 800 square feet of floor
space.
| ||
|
Restaurants and places of public assembly
|
One parking space for every four persons that
can be legally accommodated plus one for every employee.
| ||
|
House of worship
|
One parking space for every two persons that
can be legally accommodated.
| ||
|
Public utilities and facilities use by fire
and ambulance services
[Added 8-21-1989 by L.L. No. 4-1989] |
One parking space for every 800 square feet
of floor area.
| ||
|
None of said parking area shall be within 15
feet of any front, side or rear lot line.
| |||
B.
No parking area or part thereof shall be used for
other than day, or shift, parking of vehicles, except that specifically
designated visitors' parking areas may be used for temporary parking
of noncommercial vehicles used by persons having business in the building.
Such visitors' parking areas, if located in a front or side yard area,
shall be limited to one space per 3,000 square feet of building area
with a maximum allowable of 20 spaces. In no case shall storage, servicing,
dismantling or repairing of vehicles be permitted in any parking area.
C.
Loading and unloading as related to use shall not
be permitted in any parking area; but this prohibition does not apply
to personal effects transferred by an individual to or from his own
vehicle.
D.
No part of any parking area shall be used for storage
or abandonment of any article whether such article be related to the
principal use on the lot or not.
E.
Vehicular access roads from public road or street to loading or unloading areas or to parking areas, other than visitors' parking areas as provided for in § 176-97B, shall be not less than 175 feet apart on centers.
Wherever a plot within the ED-A District abuts
land zoned for residential purposes, effective evergreen landscape
screening to attain a height of at least eight feet within two years
of planting, and at least 15 feet in depth shall be provided and maintained
on the plot being developed hereunder along and parallel to the common
boundary of the abutting properties. Such landscape screening may
also be required where a plot does not abut land zoned for residential
purposes but is within 200 feet of same, along such portions of its
boundary and to such height and depth as determined by the Planning
Board when said Board shall determine that such screening is required
to preserve and safeguard the value of said residential properties.
A.
The remaining area of the lot or plot not occupied by buildings or loading or unloading areas, parking areas, vehicular access, sidewalks and landscape screening, shall be well maintained, and any areas which are not used for structures, paved parking areas or streets, shall be planted with a well maintained lawn of permanent grasses plus landscape planting designed in accordance with good current landscaping practices. A general plan showing the proposed design of such landscape planting shall be submitted as part of the site plan referred to in § 176-102 of this article for approval by the Planning Board. The purpose of this plan shall be to provide for a park-like setting around and between buildings and structures on plots within the ED-A District.
B.
A fence of a type and design suitable for its location
shall be required by the Planning Board at those points along the
perimeter of the plot or group development where said Board determines
that fencing is required to safeguard the public or to preserve and
safeguard the value of other properties in close proximity to said
plot or group development.
A.
The disposition of stormwater shall be in complete
accordance with all pertinent requirements and regulations of the
Department of Public Works of the County of Nassau, in the State of
New York; and any approval of general building plans and site plan
by the Planning Board shall be so conditioned.
B.
The disposition of sanitary sewage shall be made through
sanitary sewer facilities and shall be in complete accordance with
all pertinent requirements and regulations of the Department of Health
of the State of New York; and any approval of general building plans
and site plan by the Planning Board shall be so conditioned.
C.
The disposition of any and all effluents, other than
stormwater and sanitary sewage, which may arise from use shall be
in complete accordance with all pertinent requirements and regulations
of both the Interstate Sanitation Commission and the New York State
Water Pollution Control Board; and any approval of the general building
plans and the site plan by the Planning Board shall be so conditioned.
Buildings and structures and exterior and interior
alterations erected or made after the effective date of this chapter
shall be constructed in full compliance with the requirements of the
building code.[1]
[1]
Editor's Note: Former § 176-101,
Signs, as amended, was repealed 7-25-2005 by L.L. No. 6-2005.
A.
An application for approval by the Planning Board
of contemplated general building plans and site plan (or of contemplated
alteration of existing general building plans or site plan or both)
must be in writing, by the owner of the lot, and must be accompanied
by the said general building plans and site plan (or by plans showing
contemplated alterations of existing general building plan or site
plan or both), prepared by a registered architect or licensed professional
engineer, in sufficient detail to establish all matters pertinent
to, and covered by, this article.
B.
The said application and related general building
plans and/or site plan shall be in triplicate, addressed to the Planning
Board and filed in the office of the Village Clerk.
Except as hereinabove modified or qualified,
all construction in this District shall conform to the prevailing
Building Code of the incorporated Village of Port Washington North,
New York.[1] No construction or alteration within the scope of this
article shall be commenced or executed in any part until and unless
the Building Inspector shall have issued a building permit which after
issue must be prominently posted on site under cover from weather
for the cognizance of qualified inspectors under any pertinent jurisdiction.
A.
The said building permit shall be issued by the Building
Inspector only after:
(1)
The owner shall have filed in triplicate with
the Building Inspector:
(a)
Application for building permit.
(b)
Complete building plans.
(c)
Complete site plan.
(d)
Complete construction specifications.
(e)
Certified copy of the resolution of the Planning
Board approving the general building plans and the site plan or, in
the case of an alteration, such portions of the general building plans
or of the site plan or of both as may be pertinent to the intended
alteration.
(f)
Evidence, in form acceptable to the Building
Inspector, of compliance or intended compliance with all applicable
laws, ordinances, rules, codes, regulations and stipulations of all
Village, county, state, federal and other agencies of competent jurisdiction,
and further only after:
(2)
The Building Inspector shall have critically
examined all of the submitted documents and evidence and shall have
satisfied himself of the complete compliance thereby with all foresaid
applicable laws, ordinances, rules, codes, regulations and stipulations.
A.
The Building Inspector shall not issue any certificate
of use and occupancy unless and until the construction of the buildings
and facilities shall have been in full compliance with all applicable
laws, ordinances, rules, codes, regulations and stipulations.
B.
Shall it be determined in the findings of the Building
Inspector that the use and occupancy related to any plot or lot in
this District shall deviate from the use and occupancy for which approval
was initially given, the Building Inspector shall give notice in writing
to the owner of the property in question, such notice shall set forth
the nature and extent of such deviations. Such notice shall be sent
to the owner of the property by registered mail. If the objectionable
deviations shall not be remedied by the owner within 30 days of such
notice, unless extended by the Board of Trustees, the certificate
of use and occupancy for the premises shall become void, without further
or additional notice.
[Amended 10-6-1980 by L.L. No. 4-1980]
The provisions herein described shall be enforceable
by the Village of Port Washington North, and failure of the Village
to enforce any or all said regulations or provisions shall in no event
be deemed a waiver of the right to do so thereafter.
