[HISTORY: Adopted by the Board of Trustees of the Village of Islandia 9-3-1992 by L.L. No. 6-1992. Amendments noted where applicable.]
Zoning — See Ch. 177.
In the Village of Islandia, the Planning Board function is vested in the Village Board, pursuant to § 7-718 of the Village Law. Pursuant to § 7-725 of the Village Law, the Village has the power to review and approve, approve with modifications or disapprove site plans.
Editor's Note: Section 7-725 of the Village Law was repealed by L. 1992, c. 694, § 3. For current provisions, see § 7-725-a of the Village Law.
The purpose of site plan approval is to determine compliance with this chapter in those zoning districts where inappropriate development may cause a conflict between uses in the same or adjoining zoning districts by creating unsafe, unhealthful, unsightly or otherwise unsuitable conditions and thereby adversely affect the public health, safety, comfort, convenience, general welfare or the environment.
Prior to issuing a building permit for the construction of a building or for the alteration of a building, if the area of any floor would be increased 25% thereby, and prior to the issuance of a certificate of occupancy for a change of use or occupancy of land or a building such that the off-street parking facilities required for that parcel would be changed, the Building Inspector shall refer the site plans of the lot to the Village Board for its review and approval. Site preparation or the commencement of construction prior to the compliance with the requirements of this chapter is prohibited. The construction or alteration of a one-family dwelling (when used exclusively as a residence) is hereby exempted from this chapter, and, except for a one-family dwelling (when used exclusively as a residence), no building permit or certificate of occupancy shall be issued except in compliance with the standards and procedures set forth in this chapter.
[Amended 2-24-1998 by L.L. No. 3-1998; 5-27-1998 by L.L. No. 5-1998]
Any preliminary application for site plan approval shall be made, in writing, to the Village Building Inspector and shall conform with Table 1 and be accompanied by the following information prepared by a licensed engineer, architect, landscape architect or surveyor.
[Amended 7-29-1998 by L.L. No. 8-1998]
The site plan drawings shall be submitted on sheets 24 inches by 36 inches, unless written approval is obtained from the Village Building Inspector for a different sheet size.
The site plan drawings shall be drawn to the following minimum scales, unless written approval is obtained from the Village Building Inspector for a different scale:
The site plan application shall include the following drawings:
One area map showing the applicant's entire property holding, the portion of the applicant's property under consideration and all properties, subdivisions, streets and easements within 200 feet of the applicant's property.
One signed and sealed survey showing the existing topography as follows:
Contour intervals for every two feet of elevation shall be provided. Where the terrain is unusually flat or unusually steep, the Village may require a smaller contour interval or permit a greater contour interval.
Elevations every 50 feet down the center line and curblines (or edge of pavement) of all adjacent roads, extending 250 feet beyond the site property lines.
All physical features within the subject property. All physical features adjacent to the subject property boundaries wherever adjacent properties may be affected by the subject property development. Indicate footprint locations of surrounding structures on all adjacent properties and sufficient topography to prove that project development for subject property will have no adverse effect on adjacent properties.
All adjacent curbs, walks, pavement and improvements with elevations.
Existing natural features, including but not limited to vegetation, trees, wetlands, rock outcroppings, etc.
Existing aerial, ground level and subsurface utilities (including nearest fire hydrant); adjacent roads, road names, widths, rights-of-way, easements; etc.
Bearings and distances on all property lines.
Site alignment plan. Four copies of a signed and sealed site alignment plan shall be provided as follows:
A site alignment plan showing the location, proposed use and architectural elevations of all buildings; the location of all parking and truck loading areas, with access and egress drives thereto; the location of outdoor storage, if any; the location of all existing or proposed site improvements, including drains, culverts, retaining walls and fences; erosion control measures; a description of the method of sewage disposal and the location of such facilities; the location and size of all signs; the location and proposed development of buffer areas; the location and design of all landscaped areas; the location and design of lighting facilities; and the amount of the building area proposed for retail sales, if any.
The title of the drawing, including the name and address of the applicant.
North arrow, drawing scale and date.
Key map at a scale of one inch equals 600 feet clearly showing the location of the site in relation to the surrounding streets.
The boundaries of the property plotted to scale.
Existing woodlands, stand of or individual tree(s) or instances of unique or indigenous vegetation and any other significant natural features, such as water bodies, drainage courses, wetlands and wildlife habitats, must be included and every good faith effort made to preserve, maintain and enhance the same.
Floor area for each floor of all existing and proposed buildings structures and uses, as well as gross floor area (GFA) and floor area ratio.
Grading and drainage plan. Four copies of a signed and sealed grading and drainage plan shall be provided as follows:
The plan shall be coordinated with the site alignment plan and shall show existing and proposed contours at two-foot intervals, unless greater or less interval is required by the character of the terrain. Proposed spot elevations shall be shown at lot corners, first-floor finished elevation, top and bottom of curbs (and retaining walls if proposed), drainage surface castings, where proposed improvements meet existing conditions, and at other locations as necessary to demonstrate adequate conveyance of surface runoff and to indicate that proposed improvements shall not impact adjacent properties. Direction of surface runoff shall be indicated by flow arrows. All runoff from the proposed development shall be contained on site, and shall be designed in accordance with § 108-16. Drainage calculations and contributory areas shall be clearly shown on the drawing.
All elevations shall refer to National Geodetic Vertical Datum (NGVD) mean sea level.
Retaining walls over three feet in height require a building permit, the wall to be designed by a professional engineer licensed to practice in the State of New York.
The plan shall include all necessary erosion and sediment control measures.
[Added 7-29-1998 by L.L. No. 8-1998]
Landscaping plan. Four copies of a signed and sealed landscaping plan shall be provided as follows:
The plan shall be prepared by a licensed landscape architect registered in the State of New York.
The plan shall indicate all proposed topographic features, and shall be coordinated with the site alignment plan.
A schedule of all landscape plantings shall be included. The schedule shall include common and botanical names, a unique symbol for each plant material, size and quantity.
Detail plan. Four copies of a signed and sealed detail plan shall be provided as follows:
Details on proposed site improvements, including but not limited to sidewalk, curb, pavement, drainage structures, tree planting and staking, etc., conforming to Village construction standards shall be shown.
Notes to appear on all site plans.
All concrete curbing, sidewalks and drainage structures shall conform to Village standard detail and specifications.
The Village shall be notified 48 hours in advance of all construction.
Horizontal location, horizontal alignment, vertical alignment and vertical grade for curbs and walks shall be verified with the Village, Suffolk County Department of Public Works and/or New York State Department of Transportation (NYSDOT) prior to construction.
All traffic control devices, i.e. signals, signs and pavement markings, shall be installed in conformance with the guidelines of the New York State Manual of Uniform Traffic Control Devices and as designated by the Village.
The contractors performing any and all traffic control devices layout and installation work shall notify the Village 48 hours in advance of beginning such work along a Village road.
All pavement markings required shall be thermoplastic (NYSDOT specifications) unless otherwise noted on the plan.
Stormwater pollution prevention plans. An approved stormwater pollution prevention plan consistent with the requirements of Chapter 143, Part 2, Stormwater Management, Erosion and Sediment Control, of this Code shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards of Chapter 143, Part 2, Stormwater Management, Erosion and Sediment Control. The approved site plan shall be consistent with the provisions of Chapter 143, Part 2, Stormwater Management, Erosion and Sediment Control.
[Added 3-4-2008 by L.L. No. 3-2008]
Editor's Note: Table 1 is located at the end of this chapter.
The Village Board may, in its discretion, request any other information deemed by it to be necessary to determine conformity of the site plan with the spirit and intent of this chapter. The Village Board may, in its discretion, also condition site plan approval on the owner's acceptance of development restrictions consistent with the Village's Comprehensive Plan and its land use and environmental protection policies.
[Amended 3-7-2005 by L.L. No. 1-2005]
The Village Board may, in its discretion, waive such of the foregoing as may not be necessary for proper review of the application.
The Village Board's review of a preliminary site plan may include, but is not limited to, the following considerations:
The adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, channelization structures and traffic controls.
The adequacy and arrangement of pedestrian traffic access and circulation, including the separation of pedestrians from vehicular traffic, walkway structures, control of intersections with vehicular traffic and pedestrian convenience.
The location, arrangement, appearance and sufficiency of off-street parking and loading areas.
The location, arrangement, size and design of buildings, lighting and signs.
The adequacy of, location of and provision for the storage and disposal of garbage and refuse.
The adequacy, type and arrangement of trees, shrubs and other landscaping, particularly those constituting a visual and/or a noise-deterring buffer between these and adjoining lands.
In the case of an apartment house, townhouse or multiple dwelling, the adequacy of usable open space for playgrounds and informal recreation.
The adequacy of stormwater and sanitary waste disposal facilities.
The adequacy of roadways and landscaping in areas with a moderate to high susceptibility to flooding and ponding and/or erosion.
The protection of adjacent properties against noise, glare, unsightliness or other objectionable features.
In the case of structures greater than 75 feet in height, the evaluation and consideration of potentially significant shadow impacts on nearby properties.
[Added 3-7-2005 by L.L. No. 1-2005]
In the case of structures greater than 75 feet in height, aesthetic considerations related to the architectural design of the structure, the quality of the materials used, and the placement of the structure on the site.
[Added 3-7-2005 by L.L. No. 1-2005]
[Amended 3-7-2005 by L.L. No. 1-2005]
In its review, the Village Board may consult with the Village Engineer and other Village, town and county officials, as well as with representatives of federal and state agencies. The Village may also hire, at a reasonable cost and at the applicant's expense, professional consultants, including but not limited to planners, engineers and architects, that the Village may deem necessary to assist the Village Board in conducting a full and thorough review of applications for development on sites of 10 acres or greater. The Village Board may require that the exterior design of all structures be made by or under the direction of a registered architect, whose seal shall be affixed to the plans.
[Amended 3-7-2005 by L.L. No. 1-2005]
When reviewing a site plan because of a change in the use or occupancy of land, a building or any portion thereof, the Village Board shall consider the impact of the proposed change upon other uses within the same building or parcel. To the extent practicable, the Village Board may require such modification thereto as will promote the most efficient use of land consonant with compliance with the provisions of this chapter. In no event shall the Village Board waive the direct application of a Code provision to the changed use or occupancy under review.
The Village may require, as a condition of final site plan approval or the grant of a special permit for the construction of a residential condominium, that the applicant submit to the Village a copy of and proof that its proposed offering plan has been submitted to the Attorney General for registration and approval, with proof that the applicant, and/or successors and assigns, has the financial ability to complete the project for which site plan approval is requested. The Village may, however, require that any final site plan approval and/or special permit contain as conditions, and not become effective, unless and until the offering plan has been registered with and approved by the Attorney General.
[Added 3-7-2005 by L.L. No. 1-2005]
The Village Board may require such additional provisions and conditions that appear necessary for the public health, safety, general welfare and the environment.
Within 90 days of receipt of the completed application for preliminary site plan approval and the full compliance with the New York State Environmental Quality Review Act, whichever occurs later, the Village Board shall act on it. If no decision is made within said ninety-day period, the preliminary site plan shall be considered approved. The Village Board's action shall be in the form of a written statement to the applicant stating whether the preliminary site plan is conditionally approved. A copy of the appropriate minutes of the Village Board shall be a sufficient report.
Editor's Note: See § 8-0101 et seq. of the Environmental Conservation Law.
The Village Board may recommend in its statement desirable revisions to be incorporated in the final site plan, conformance with which shall be a condition of approval and which may be recorded as covenants and restrictions. If the preliminary site plan is disapproved, the Village Board's statement shall contain reasons therefor. The Village Board may recommend further study of the site plan and resubmission of the preliminary site plan to the Village Board after it has been revised or redesigned. The resubmittal shall be subject to the full procedures of this chapter.
After receiving conditional approval from the Village Board on a preliminary site plan and approval for all necessary permits and curb cuts from state and county officials, the applicant may prepare his final detailed site plan in accordance with Table 1 and Table 2 and submit to the Village Board for approval, except that if more than six months has elapsed between the time of the Village Board's report on the preliminary site plan and if the Village Board finds that conditions have changed significantly in the interim, the Village Board may require a resubmission of the preliminary site plan for further review and possible revision prior to accepting the proposed final site plan for review.
[Amended 7-29-1998 by L.L. No. 8-1998]
Editor's Note: Tables 1 and 2 are located at the end of this chapter.
The final detailed site plan shall conform substantially to the preliminary site plan that has received preliminary site plan approval. It should incorporate any revisions or other features that may have been recommended by the Village Board at the preliminary review. All such compliances shall be clearly indicated by the applicant on the appropriate submission.
No modification of existing stream channels, filling of lands with a moderate to high susceptibility of flooding, grading or removal of vegetation in areas with a moderate to high susceptibility to flooding, grading or removal of vegetation in areas with a moderate to high susceptibility to erosion or excavation for and construction of site improvements shall begin until the developer has received final site plan approval and any required federal, state or local permits. Failure to comply shall be construed as a violation of Chapter 177, Zoning, and, where necessary, final site plan approval may require the modification or removal of unapproved site improvements.
Within 60 days of the receipt of the complete application for final site plan approval, the Village Board shall schedule and conduct a public hearing on the site plan as finally submitted. Public notice of such hearing shall be given by publication in the Village's official newspaper at least five days prior to the date thereof. Within 45 days after such public hearing, the Village Board shall render a decision to the Building Inspector. If no decision is made by the Village Board within such forty-five-day period, the final site plan shall be considered approved.
Upon approving an application, the Village Board shall endorse its approval on a copy of the final site plan and shall forward it to the Building Inspector, who shall then issue or cause to be issued a building permit to the applicant if the project conforms to all other applicable requirements, which may include highway work permits issued by the appropriate municipal agency having jurisdiction over the roads or highways, permits from the Suffolk County Health Department and permits from the New York State Department of Labor, if required.
Upon disapproving an application, the Village Board shall so inform the Building Inspector, and he shall deny or cause to be denied a building permit to the applicant. The Village Board shall also notify the applicant, in writing, of its decision and its reasons for disapproval. A copy of the appropriate minutes may suffice for this notice.
Such site plan approval will automatically terminate one year after the same is granted unless significant work has been commenced on the project. It may be terminated for cause at any time after 10 days' written notice to the applicant.
No certificate of occupancy shall be issued until all requirements and conditions of the site plan approval have been implemented and an as-built survey, including the location of all buildings, structures and curb cuts, has been submitted to the Building Inspector or his duly authorized representative. Any significant change to the approved site plan or elevations that affects the physical character of the building(s) and/or the site, in the absence of an approved amended site plan reflecting said changes, shall cause the certificate of occupancy to be withheld until such change is approved by the Village Board.