[Added 9-14-1998 by L.L. No. 7-1998]
This article shall be known and cited as the
"Village of Lake Success Site Plan Review Law."
A.
The Board of Trustees of the Incorporated Village
of Lake Success (hereinafter the "Board of Trustees") hereby finds
that in order to ensure that future land use, development and construction
activities within the Village of Lake Success (hereinafter the "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 and development proposed within the Village should be subject
to Village Planning Board review.
B.
It is, therefore, the intent of the Board of Trustees
and the purpose of this article to establish a procedure for site
plan review for new land use and development activities proposed within
the Village consistent with and pursuant to Village Law § 7-725-a,
and to authorize the Planning Board to review and provide it with
appropriate standards in its review of all site plans for compliance
with certain site plan elements, which include, where appropriate,
those relating to parking, means of access, traffic, screening, lighting,
signs, landscaping, 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 article.
B.
Upon approval of a site plan, the Planning Board may
impose reasonable conditions and restrictions as are related to and
incidental to the proposed site plan. Thereupon, such imposed conditions
must be met before the issuance of permits by applicable enforcement
agencies or officials of the Village.
B.
No building permit for a building or structure subject
to site plan review shall be issued by the Building Department except
upon authorization of and in conformity with a site plan approved
by the Planning Board.
A.
Applications for site plan approval shall be submitted
to the Village Clerk after appropriate review of a building permit
application by the Building Department and 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, shall include 12 copies
of each of the following items, to be submitted in separate and complete
sets:
(1)
An application form for site plan review, in
form and substance satisfactory to the Building Department.
(2)
A site survey, showing all existing structures,
prepared, signed and sealed by a licensed land surveyor.
(3)
A site plan for the proposed land use, drawn
at a scale of not less than one inch equals 20 feet, signed and sealed
by a licensed architect or engineer, and which shall include the following
information:
(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 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 the
North arrow.
(e)
Zoning district boundaries shall be shown on
the site plan as they affect the parcel.
(f)
Survey data 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)
The location of existing structures on the site.
The plan shall contain a notation indicating any structures that are
to be removed.
(i)
All distances, as measured along the right-of-way
lines of existing streets abutting the property, to the nearest intersection
with any other street.
(j)
The location plans and elevations of all proposed
structures.
(k)
The location of all existing and proposed driveways,
walkways and impervious surfaces located on the property.
(l)
The 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.
(m)
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 solid lines; proposed
contours are to be indicated by dashed lines.
(n)
Existing elevations of the road or right-of-way
contiguous to the site.
(o)
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.
(p)
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.
(q)
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.
(r)
All provisions for pedestrian access to the
site and internal pedestrian circulation.
(s)
The location and design of any off-street parking
areas, loading or outdoor storage areas.
(t)
The location of all proposed water lines, valves
and hydrants and all sewer lines or alternative means of water supply
or sewage disposal and treatment.
(u)
The proposed location, direction of illumination,
power and time of proposed outdoor lighting.
(v)
The location, design and type of construction
of all proposed signs.
(w)
The proposed stormwater drainage system.
(x)
Structural elevation calculations.
(y)
Zoning calculations.
(z)
Illustration of all proposed structures as they
relate to sky exposure plane.
(aa)
Delineation of Floodplain Zone as shown on the
Flood Insurance Rate Map prepared by the Federal Emergency Management
Agency and adopted by the Village.
(bb)
Delineation of tidal and freshwater wetlands
areas as designated by the New York State Department of Environmental
Conservation.
(4)
A landscaping plan drawn at a scale of not less
than one inch equals 20 feet and which contains the following information:
(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.
(c)
The location of all trees, identified by type
or species and size, bearing a trunk circumference greater than 20
inches measured at a point four feet six inches above ground level.
(d)
The location of all trees, shrubs and/or any
vegetation, identified by type or species, which are to be removed.
(e)
The location of all trees, shrubs and/or any
vegetation, identified by type or species, which are to be preserved.
(f)
The 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 and shrubs identified
by size, height and type or species that are to be removed and/or
to be provided.
(5)
Photographs (two sets only) of existing structures
of the property and surrounding landscaping/screening.
(6)
An environmental assessment form completed and
signed by the applicant.
(7)
The original building permit application which
was reviewed by the Building Department.
(8)
The Building Department's memorandum of review.
(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)
A radius map and list of the names of all owners
of property within 200 feet 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)
The certificate of title and deed(s) for the
existing lot(s).
(12)
A letter from the water district regarding availability
of water to the site (for new structures only).
(14)
Any other information found by the Planning
Board or Building Department to be necessary to reasonably determine
compliance of the site plan with this article and Village Law § 7-725-a.
B.
Stormwater pollution prevention plan: A stormwater pollution prevention plan consistent with the requirements of Chapter 87 shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Chapter 87. The approved site plan shall be consistent with the provisions of Chapter 87.
[Added 4-10-2006 by L.L. No. 1-2006]
C.
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.
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.
(2)
The adequacy and arrangement of vehicular access
and circulation. All driveways to a public or private street shall
be so located to afford maximum safety to said roadway and to provide
for safe and convenient ingress and egress and to minimize conflict
with the flow of traffic, 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.
(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, to the maximum extent
practicable.
(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, glare, unsightliness and nuisances.
(10)
The overall impact of the proposed development
on the neighborhood and surrounding uses, including compatibility
of architectural and design considerations.
B.
The Planning Board shall not approve a site plan application
if it determines that the building or structure, if constructed, erected,
reconstructed or altered in accordance with the submitted plan, will
result in any of the following:
(1)
Be visually offensive or inappropriate by reason
of poor quality of exterior design, monotonous similarity or striking
visual discord in relation to the sizes or surroundings;
(2)
Mar the appearance of the area;
(3)
Impair the use, enjoyment and desirability 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;
(6)
Adversely affect the functioning, economic stability,
prosperity, health, safety and general welfare of the entire community;
or
(7)
Create excessive or hazardous traffic.
In connection with its review of any site plan under this article, the Planning Board, in its discretion, may refer any site plan application to a planner for his review, comment and recommendations. The applicant shall be responsible for the planner's fees in accordance with Chapter A211, Art. II, of the Village Code.
The Planning Board shall conduct a public hearing
with regard to every application for site plan review within 62 days
of the date the application is found to be complete by the Planning
Board.
The applicant shall mail notice (by registered
mail) of the public hearing to the owners of all properties contiguous
to 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, at least 10 days prior to such hearing, and the
Village shall cause notice of the public hearing to be published in
the official newspaper of the Village at least five days prior to
such 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 a copy mailed to the applicant.
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.
Any person aggrieved by a final site plan determination
by the Planning Board may apply to the Board of Zoning Appeals for
review of the decision. Such proceedings shall be instituted within
30 days after the filing of a decision in the office of the Village
Clerk.
Any requirement for the approval or approval
with modifications and/or conditions of site plan 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, consistent with this
article, adopt such further rules and regulations, after public hearing,
as it deems reasonably necessary to carry out the provisions of this
chapter.
Where a proposed site plan contains one or more
features which do not comply with the bulk and area requirements of
the Village Building Zone Ordinance, applications may be made directly
to the Board of Appeals for an area variance, based on plans which
the Board deems to be adequate for the purposes of the application
without first obtaining a final decision or determination by the Building
Department.
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.
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, the Planning Board
may rescind its prior site plan approval in its entirety or in part.
D.
Prior to substantial construction pursuant to an approved site plan, the Planning Board, on its own motion and in the same manner as the review of the original site plan, may rescind an approved site plan upon a finding that it violates any of the standards set forth in § 105-238 of this article.
Unless otherwise indicated, all construction,
reconstruction, alterations, additions or improvements shall comply
with all other applicable ordinances, local laws, rules and regulations
of the Village and any other governmental entity.
For any and every violation of the provisions
of this article, the owner, general agent or contractor of a building
or premises where such violation has been committed or shall exist,
and the lessee or tenant of an entire building or entire premises
where such violation has been committed or shall exist, and the general
agent, architect, builder, contractor or any other person who knowingly
commits, takes part or assists in any such violation or who maintains
any building or premises in which such violation shall exist, shall
be liable for a fine not exceeding $1,000 or imprisonment for a period
not to exceed six months, or both, for conviction of a first offense;
for conviction of a second offense both of which were committed within
a period of five years, punishable by a fine of not less than $350
nor more than $700 or imprisonment for a period not to exceed six
months, or both; and upon conviction for a third or subsequent offense,
all of which were committed within a period of five years, punishable
by a fine of not less than $700 nor more than $1,000 or imprisonment
for a period not to exceed six months, or both. Such penalties shall
be collected as provided by law. Each week's continued violation 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.
B.
If public improvements are required, there shall be
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.
Any bond, invocable letter of credit or cash deposit
agreement required to be posted in connection with a site plan approval
shall be in a form and substance acceptable to the Village Attorney.
D.
No performance bond or irrevocable letter of credit
or cash deposit agreement shall be accepted by the Village Clerk unless
approved as to form and substance by the Village Attorney.
[Amended 12-8-2003 by L.L. No. 3-2003]
Site plan approval shall automatically terminate
and expire two years after the resolution granting approval is filed
in the office of the Village Clerk, unless a building permit has been
issued thereon. The Planning Board, at its sole discretion, may grant
extensions up to one year each.
