[HISTORY: Adopted by the Board of Trustees
of the Village of Massapequa Park 8-25-2003 by L.L. No. 9-2003.
Amendments noted where applicable.]
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.
A.
Prior to the issuance of a building permit in any
zoning district for: a new building or structure; or an addition to
a building or structure; or for the alteration of a building or structure
for any new land use or any altered land use activities requiring
a variance or a special permit, the Building Inspector shall require
site plan approval in accordance with the provisions of this article.
Exceptions to these requirements are:
(1)
Construction of a one-family dwelling or a two-family
dwelling on a single plot;
(2)
Additions to a one-family dwelling or a two-family
dwelling;
(3)
Permitted accessory buildings or structures to a one-family
dwelling or two-family dwelling; and
(4)
Exterior alterations which do not result in any modification
or rearrangement of building coverage or floor area.
B.
The Building Inspector shall notify an applicant for
a building permit in each case where site plan approval is required.
A.
A sketch plan conference shall be held between the
Board of Trustees and the applicant prior to the preparation and submission
of a formal site plan. The intent of such a conference is to enable
the applicant to inform the Board of Trustees of the proposal prior
to the preparation of a detailed site plan and to provide the Board
of Trustees with an opportunity to review the basic site design concept,
to advise the applicant as to potential problems and concerns and
to generally determine the information to be required on the site
plan.
B.
In order to accomplish these objectives, the applicant
shall provide nine copies of the following to the Board of Trustees:
(1)
A statement and sketch drawn approximately to scale
showing the locations and dimensions of the principal and accessory
structures, parking areas (including ingress and egress and curb cuts),
signs existing and proposed vegetation and other existing topography
and natural features; proposed water supply and sewage and waste disposal
facilities; provision for storm drainage, recreation and open space;
and preliminary zoning calculations.
(2)
An area map showing the parcel under consideration
for site plan review and all properties, subdivisions, streets, rights-of-way
and other pertinent features within 300 feet of the boundaries of
the parcel.
(3)
An economic analysis of the project indicating, as
applicable, such information as cost of construction and development,
proposed rental or sales prices, market area, cost and manner of providing
public utilities, etc.
C.
Notwithstanding Subsections A and B above, the Board of Trustees may waive requirements of the sketch plan submission, upon the request of the applicant, where, due to character, size, location or special circumstances, any particular information or the sketch plan conference is not required in order for the Board of Trustees to properly perform site plan review.
D.
The submission of documentation for a sketch plan
conference shall be deemed a preliminary submission only and shall
not commence the running of any time periods within which any reviewing
agency or body shall be required to act.
A.
Application contents. An application for site plan
approval shall be made in writing to the Building Inspector and shall
be accompanied by supporting information and documentation. If a sketch
plan conference was held, the supporting information shall include
the elements identified by the Board of Trustees at said sketch plan
conference. The site plan shall be prepared by a licensed engineer
or licensed architect. In an appropriate case, the Board of Trustees
may require that specific components of the site plan be prepared
by a licensed landscape architect or licensed surveyor. The applicant
for site plan approval shall submit 15 copies, which shall include
the following information unless items(s) are waived by the Board
of Trustees.
(1)
An area map showing the applicant’s entire holding,
that portion of the applicant’s property under consideration,
including any easements or deed restrictions, and all properties,
subdivisions, streets and areas dedicated to public use within 300
feet of the applicant’s property.
(2)
A map of site topography at two-foot contour intervals.
(3)
A site plan at an appropriate scale.
(4)
The title of the drawing, including the name and address
of the applicant, the owner and the person responsible for preparation
of such drawings.
(5)
North arrow, scale and date.
(6)
Boundaries to the property plotted to scale.
(7)
Existing buildings and structures.
(8)
Grading and drainage plan, showing existing and proposed
contours, rock outcrops, depth to bedrock, soil characteristics and
watercourses, including top elevations of all site structures.
(9)
Location, design, type of construction, proposed use
and exterior dimensions of all building and accessory structures.
(10)
Location, design and type of construction of
all parking spaces and loading areas, showing ingress and egress,
curb cuts, size of such spaces and areas, width of circulation aisles
and distances from property lines and all other requirements of this
chapter.
(11)
Preliminary floor plans and elevations of proposed
buildings or structures.
(12)
Location, design and type of construction of
all pedestrian access.
(13)
Location of outdoor storage, including but not
limited to materials, refuse and similar items.
(14)
Location and design of all existing and proposed
site improvements, including drains, culverts, walls, fences, hedges
and screen plantings and all existing trees on the subject property
which have at least one trunk with a diameter of eight inches or greater,
measured 4 1/2 feet above the ground.
(15)
A description of the method of public water
supply, stormwater and sewage disposal and the location of such facilities
and estimated volumes.
(16)
Location of fire and other emergency zones,
including the location of fire hydrants.
(17)
Location and design of all utilities, including
electrical, gas and solar energy, telephone and cable television.
(18)
Location, size, design and type of construction
of all proposed signs.
(19)
Location and proposed development of all buffer
areas, including existing vegetative cover.
(20)
Location and design of outdoor lighting facilities
and means of illumination showing lighting levels achieved over the
entire site.
(21)
Identification of the location and amount of
building area proposed for each intended use, including storage and
common areas.
(22)
General landscaping plan and planting schedule
and landscaping maintenance program description.
(23)
An estimated project construction schedule and
the total estimated project cost.
(24)
Identification of federal, state, county or
town permits required for the execution of the project and the status
thereof.
(25)
Other elements integral to the proposed development
as considered necessary by the Board of Trustees, including but not
limited to traffic studies, material samples, elevations and one block
model to scale covering a three-hundred-foot radius from the site.
(26)
Roof plan showing all mechanicals and screening
for the roof.
(27)
Maintenance plan for the construction phase
of the project.
(28)
Part 1 of an environmental assessment form (EAF)
in accordance with the State Environmental Quality Review Act and
regulations (SEQRA).
(29)
Stormwater pollution prevention plan. A stormwater pollution prevention plan consistent with the requirements of Chapter 294 and Chapter 345, Art. X shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Chapter 345, Art. X. The approved site plan shall be consistent with the provisions of Chapter 294 and Chapter 345, Art. X.
[Added 12-10-2007 by L.L. No. 9-2007]
B.
The Building Inspector shall determine whether the
proposed development meets the requirements of all provisions of this
chapter other than those regarding site plan approval. If the Building
Inspector determines that any variances or special permits are required,
the application shall be rejected pending application to and approval
of the Zoning Board of Appeals or Board of Trustees as required. If
the Building Inspector finds the application to be in order, the application
shall be submitted to the Board of Trustees for purposes of preliminary
review. The Board of Trustees shall determine whether the application
is complete. If the application is not complete, the Board of Trustees
shall notify the applicant of the additional information required.
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]
A.
Within 90 days of the date of determination of a completed application by the Board of Trustees, the Board of Trustees shall approve, approve with modifications or disapprove the site plan, except that where a public hearing is deemed necessary pursuant to § 287-8, the decision and recommendation on the site plan shall be made within 90 days after the public hearing. The time period in which the Board of Trustees must render its decision may be extended by the Board of Trustees. The failure of the Board of Trustees or any other reviewing agency to make a determination within any formal time period shall be deemed a disapproval or recommendation of disapproval of the application.
B.
The decision of the Board of Trustees shall be forwarded
to the applicant.
C.
In the event that the Board of Trustees determines
that the site plan involves a need for a variance or special permit,
the application shall be deferred by the Board of Trustees so that
the applicant may make application to the Board of Appeals or the
Board of Trustees as appropriate. Where the Board of Trustees has
deferred site plan approval on these grounds, the Board of Trustees
shall convey any information or documents which it deems appropriate
to the Board of Appeals or the Board of Trustees, with respect to
the variance or special permit requested, and the Board of Trustees
may convey any opinions or recommendations which it may have with
respect to the application. If the Board of Appeals or the Board of
Trustees grants the variances or special permit, the applicant may
resume the process to obtain site plan approval.
A.
The Village Board of Trustees shall review all site plan actions and shall approve, approve with modifications or disapprove site plans based on the factors set forth in § 287-5 or such other factors deemed appropriate by the Board of Trustees.
B.
The failure of the Board of Trustees to act within
any stated time period or any extension of such period shall be deemed
a disapproval of the application.
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.
A.
During the site plan review process, the Planning
Board and the Board of Trustees may consult with Village officials,
officials of other governments or agencies and professional consultants.
B.
Integration of procedures. Whenever the circumstances
of proposed development require compliance with this chapter and with
any other local law, ordinance or requirement of the Village, the
Board of Trustees shall attempt to integrate, as appropriate, site
plan review as required by this chapter with the procedural and submission
requirements for such other compliance.
C.
State Environmental Quality Review Act (SEQRA). SEQRA
shall apply to applications and improvements authorized by this chapter.
The Village Board of Trustees shall act as lead agency for any action
pursuant to this chapter. An environmental impact statement shall
be required after the finding of a positive declaration. No final
action shall be taken by the Board of Trustees until the provisions
of SEQRA shall be satisfied.
D.
Referral of site plan to Nassau County Planning Commission.
Where required by the General Municipal Law, the site plan application
shall be forwarded to the Nassau County Planning Commission for its
review. No final action shall be taken by the Board of Trustees until
the Nassau County Planning Commission has issued its report.
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.