The intent and purpose of site plan approval
is to ensure that any plot of land affected thereby shall be developed
with proper regard for the public health, safety, welfare, comfort
and convenience of the public in general and of the occupants and
users of the subject land and buildings in particular. The authority
to grant final site plan approval rests with the Board of Trustees.
The Board of Trustees’ review of a site
plan shall include but shall not be limited to the following considerations:
A. Adequacy and arrangement of vehicular traffic access
and circulation, including intersections, road widths, channelization
structures and traffic controls.
B. Adequacy and arrangement of pedestrian traffic access
and circulation, including separation of pedestrian from vehicular
traffic, walkway structures, control of intersections with vehicular
traffic and pedestrian convenience, including handicapped access.
C. Location, arrangement, appearance and sufficiency
of off-street parking spaces and loading areas.
D. Location, arrangement, size, design and general compatibility
of building, uses, lighting and sign with other buildings and uses
on and in the neighborhood of the site.
E. Adequacy of architectural and plant screening and
buffer areas, including the adequacy, type and arrangement of plant
materials (to include trees, shrubs and other landscaping) constituting
a visual-screening and noise-deterring buffer between the proposed
use and adjoining uses or properties and the manner in which new and
existing plant material will contribute to the stated purpose and
development of the buffer.
F. In the case of an apartment house or multiple dwelling,
the adequacy of usable open space for playgrounds and informal recreation.
G. Adequacy of stormwater and sanitary waste disposal
facilities and adequacy of water supply facilities.
H. Protection of existing natural and landscaping features.
I. Protection of adjacent properties against noise, glare,
unsightliness or other objectionable features.
J. Overall impact on the neighborhood, including compatibility
of design considerations.
K. Conformance with the current Village Master Plan.
L. Adequacy of overall plan in minimizing harmful effects
upon the environment and the plan’s compliance with SEQRA.
M. That the location and size of the use, the nature
and intensity of the operations involved in or conducted in connection
with it, its site layout and its relation to streets giving access
to it will not be hazardous or inconvenient to the residential character
of the neighborhood or conflict with the normal traffic on the residential
streets.
N. That the proposed use, site layout, location, heights,
signs, walls, fences and landscaping will not hinder or discourage
the appropriate use and development of adjacent uses or impair the
value thereof.
O. That the proposed use, site layout, location, size
or operation will not be objectionable to nearby dwellings by reason
of noise, lights or other factors of impact.
P. That the proposed use, location, size, site layout
and nature of use will be a harmonious part of the district in which
it is to be situated.
Q. Adequacy
of the proposed air filtration system and soundproofing in the premises
to insure that all odors and noise emanating from the premises are
contained as much as is practical on site and that the effects of
odor and noise do not impair the use of neighboring properties. In
such cases, the Board of Trustees reserves the right to require a
filtration system with a water component to filter particles from
the air.
[Added 5-10-2010 by L.L. No. 3-2010]
The Board of Trustees may conduct a public hearing
on the site plan if a majority of the members deems that such a hearing
is in the public interest. The applicant shall provide evidence at
the hearing that all record landowners within a three-hundred-foot
radius of the proposed project, as said record owners appear on the
most current tax rolls of the Nassau County Assessor’s office,
were notified by mail not less than 15 days before the public hearing.
No hearing before any other board shall diminish the authority of
the Board of Trustees to conduct a public hearing.
No building permit shall be issued pursuant
to the provision of this chapter until all expenses incurred by the
Board of Trustees for consultation fees (including engineering, architectural
and legal) or other expenses which, at the sole discretion of the
Board of Trustees, are necessary in connection with the review of
a site plan are reimbursed to the Village by the applicant. At the
time of application, and throughout the review process, the applicant
shall deposit with the Village Clerk such amount to cover consultation
fees and extraordinary expenses as shall be established, from time
to time, by resolution of the Board of Trustees.
Where the Board of Trustees finds that extraordinary
and unnecessary hardships may result from strict compliance with this
chapter, it may vary or waive the provisions hereof so that substantial
justice may be done and the public interest may be secured. Such waiver
shall not have the effect of nullifying the intent and purpose of
the current Village Master Plan or any of the other requirements of
this chapter.
In connection with its site plan review, the
Board of Trustees may require a performance bond in an amount it shall
determine to insure that upon completion of the project all the public
improvements shown on the site plan are completed and furthermore
to ensure that, in the event that the project is abandoned, the project
is either completed or the site is restored to its condition prior
to the commencement of the project. The project shall be deemed abandoned
if no substantial construction is performed on the site for a period
of one year and the site plan approval has expired. The Board of Trustees
may also require documentary demonstration to its satisfaction of
the financial responsibility of the applicant to complete the project.
Site plan approval shall automatically terminate
one year after the same is granted by the Board of Trustees unless
a building permit has been issued and there is physical evidence to
demonstrate that substantial construction has taken place and is continuing.
Upon application to the Board of Trustees, the site plan approval
may be extended for additional one-year periods, upon a showing that
the conditions existing at the time of the approval have not changed
and that substantial steps to commence the project have been lawfully
undertaken.
The applicant shall be required to pay the fees as set forth in the schedule of fees in §
A350-1, as well as an application fee to the Board of Trustees of $500.