[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.]
GENERAL REFERENCES
Zoning — See Ch. 177.
A.
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,[1] the Village has the power to review and approve, approve
with modifications or disapprove site plans.
[1]
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Law was repealed by L. 1992, c. 694, § 3.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.
B.
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]
A.
Any preliminary application for site plan approval
shall be made, in writing, to the Village Building Inspector and shall
conform with Table 1[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]
(1)
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.
(2)
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:
(3)
The site plan application shall include the following
drawings:
(a)
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.
(b)
One signed and sealed survey showing the existing
topography as follows:
[1]
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.
[2]
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.
[3]
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.
[4]
All adjacent curbs, walks, pavement and improvements
with elevations.
[5]
Existing natural features, including but not
limited to vegetation, trees, wetlands, rock outcroppings, etc.
[6]
Existing aerial, ground level and subsurface
utilities (including nearest fire hydrant); adjacent roads, road names,
widths, rights-of-way, easements; etc.
[7]
Bearings and distances on all property lines.
(c)
Site alignment plan. Four copies of a signed
and sealed site alignment plan shall be provided as follows:
[1]
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.
[2]
The title of the drawing, including the name
and address of the applicant.
[3]
North arrow, drawing scale and date.
[4]
Key map at a scale of one inch equals 600 feet
clearly showing the location of the site in relation to the surrounding
streets.
[5]
The boundaries of the property plotted to scale.
[6]
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.
[8]
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.
(d)
Grading and drainage plan. Four copies of a
signed and sealed grading and drainage plan shall be provided as follows:
[2]
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.
[3]
All elevations shall refer to National Geodetic
Vertical Datum (NGVD) mean sea level.
[4]
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.
[5]
The plan shall include all necessary erosion
and sediment control measures.
[Added 7-29-1998 by L.L. No. 8-1998]
(e)
Landscaping plan. Four copies of a signed and
sealed landscaping plan shall be provided as follows:
[1]
The plan shall be prepared by a licensed landscape
architect registered in the State of New York.
[2]
The plan shall indicate all proposed topographic
features, and shall be coordinated with the site alignment plan.
[3]
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.
(f)
Detail plan. Four copies of a signed and sealed
detail plan shall be provided as follows:
[1]
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.
(g)
Notes to appear on all site plans.
[1]
All concrete curbing, sidewalks and drainage
structures shall conform to Village standard detail and specifications.
[2]
The Village shall be notified 48 hours in advance
of all construction.
[3]
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.
[4]
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.
[5]
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.
[6]
All pavement markings required shall be thermoplastic
(NYSDOT specifications) unless otherwise noted on the plan.
(4)
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]
[1]
Editor's Note: Table 1 is located at the end
of this chapter.
B.
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]
C.
The Village Board may, in its discretion, waive such
of the foregoing as may not be necessary for proper review of the
application.
A.
The Village Board's review of a preliminary site plan
may include, but is not limited to, the following considerations:
(1)
The adequacy and arrangement of vehicular traffic
access and circulation, including intersections, road widths, channelization
structures and traffic controls.
(2)
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.
(3)
The location, arrangement, appearance and sufficiency
of off-street parking and loading areas.
(4)
The location, arrangement, size and design of buildings,
lighting and signs.
(5)
The adequacy of, location of and provision for the
storage and disposal of garbage and refuse.
(6)
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.
(7)
In the case of an apartment house, townhouse or multiple
dwelling, the adequacy of usable open space for playgrounds and informal
recreation.
(8)
The adequacy of stormwater and sanitary waste disposal
facilities.
(9)
The adequacy of roadways and landscaping in areas
with a moderate to high susceptibility to flooding and ponding and/or
erosion.
(10)
The protection of adjacent properties against
noise, glare, unsightliness or other objectionable features.
(11)
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]
(12)
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]
(13)
Environmental impacts.
[Amended 3-7-2005 by L.L. No. 1-2005]
B.
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]
C.
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.
D.
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.
A.
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,[1] 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.
[1]
Editor's Note: See § 8-0101 et seq.
of the Environmental Conservation Law.
B.
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.
A.
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[1] 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]
[1]
Editor's Note: Tables 1 and 2 are located
at the end of this chapter.
B.
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.
C.
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.
A.
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.
B.
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.
