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Village of Massapequa Park, NY
Nassau County
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Table of Contents
Table of Contents
[Added 1-7-1991 by L.L. No. 1-1991]
Any permitted or special permit use in any business district occupying one or more buildings or structures or areas of open land situate on a plot having an area of 80,000 square feet or more in single ownership at the date of enactment of this article, shall be subject to the provisions of this article, and no permit shall be issued by the article, Building Inspector for the erection or alteration of any structure or for any land or building on such plot unless the same shall be in conformity with a site plan approved by the Village Board prior to the submission to and consideration as described herein.
The intent and purpose of this article 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 site plan shall be proposed and considered with the following objectives in view:
A. 
That all proposed traffic accessways shall be sufficient, but not excessive, in number; adequate in width, grade, alignment and visibility; sufficiently removed from street corners and places of public assembly; and in compliance with other traffic and safety considerations.
B. 
That adequate loading spaces shall be provided to eliminate the need for truck parking in public streets or interference with the flow of traffic within the area and provide suitable accessibility to loading bays and service areas.
C. 
That all service areas shall be reasonably screened at all seasons of the year from the view of adjacent streets and that the general landscaping of the site shall be such as to enhance the suburban character of the village and in character with that generally prevailing in the neighborhood.
D. 
That all existing trees over eight inches in diameter, measured three feet above the base of the trunk, shall be retained to the maximum possible.
E. 
That all plazas and other paved areas intended for pedestrians shall be of suitably finished pavement and shall be arranged with plant materials to prevent the creation of excessive expanses of pavement.
F. 
That all outdoor lighting shall be of such nature and so arranged as to provide adequate illumination to the entire area included in the site plan without causing objectionable glare on adjoining streets or properties.
G. 
That there shall be provision for suitable fencing, landscaping and adequate protective and screening planting of trees and shrubs to provide an attractive overall appearance within the development site and to protect surrounding properties from encroachment of deterioration.
H. 
That the exterior design of buildings, structures and signs shall be harmonious and shall present a pleasing overall pattern and appearance and shall avoid disfiguration of the surrounding neighborhood.
I. 
That there is adequate provision for off-street parking.
J. 
That all other requirements of the Village Planning Commission and of the Village Board necessary to prevent noise, congestion, confusion or accumulation of litter and to provide proper drainage and related facilities shall be complied with.
A. 
Prior to the submission of a preliminary site plan to the Village Planning Commission, a presubmission conference shall be held wherein the applicant shall meet with the Village Planning Commission or its designated representative to discuss the proposed site plan so that the necessary subsequent steps may be undertaken with a clear understanding of the Village Planning Commission's requirements and the village's standards in matters relating to the development of the site.
B. 
Within six months following the presubmission conference, the applicant shall submit three copies of the preliminary site plan and any related information to the Building Inspector. If the proposed site plan is not submitted within this six-month period, another presubmission conference may be required at the option of the Village Planning Commission.
C. 
The Building Inspector shall determine whether or not the preliminary site plan meets the requirements of all Zoning Ordinance provisions other than those of this article regarding site plan review.[1]
[1]
Editor's Note: See Ch. 345, Zoning.
D. 
Should the Building Inspector determine that the preliminary site plan does not meet such requirements, he shall so notify the applicant, who shall have 30 days after receipt of such notice to appeal such determination by filing an application with the Village Zoning Board of Appeals.
E. 
Should the Building Inspector determine that the preliminary site plan meets such requirements, he shall so notify the applicant, who shall have 30 days after receipt of such notice to submit eight copies of the site plan to the Village Planning Commission.
F. 
Upon receipt of a preliminary site plan approved by the Building Inspector, the Village Planning Commission shall forward a copy thereof to the Nassau County Planning Commission for its review.
G. 
The Village Planning Commission shall act to recommend approval, approval with conditions or disapproval of any preliminary site plan within 60 days after submission of the preliminary site plan to it. Failure to act within 60 days shall be deemed recommendation for approval.
H. 
The Village Board shall approve or disapprove any preliminary site plan within 60 days after submission to it of such site plan and the Village Planning Commission's recommendation or, if such site plan has been submitted to the Nassau County Planning Commission, within 30 days after receipt of the recommendation of the Nassau County Planning Commission, whichever is later. A preliminary site plan shall, upon approval by the Village Board, become a final site plan.
Nothing herein contained shall be construed directly or indirectly to constitute a waiver or modification of any provision or requirement of any section of any zoning ordinance regulating construction and maintenance or use of any building or the use of any lands situate in a business district.
Review of any amendment to an approved final site plan shall be processed in the same manner as herein provided.
The applicant shall cause the preliminary site plan map to be prepared by an architect, landscape architect, civil engineer, surveyor, land planner or other competent person approved by the Planning Commission, at a scale sufficient in size to permit an adequate review as determined by the Village Planning Commission. The preliminary site plan shall contain those elements which are appropriate to the proposed development or use as indicated by the Village Planning Commission in the presubmission conference, to include the following:
A. 
Legal data.
(1) 
The name and address of the owner of record and date of acquisition of the subject property.
(2) 
The name and address of the person, firm or organization preparing the map, together with the preparer's professional license number and seal.
(3) 
The date, North point and written and graphic scale.
(4) 
Sufficient description or information, together with a metes and bounds description, to define precisely the boundaries of the property. All distances shall be in feet and tenths of a foot. All angles shall be given to the nearest 10 seconds or closer. The error of closure shall not exceed one in 10,000.
(5) 
The locations, names and existing widths of adjacent streets and curblines.
(6) 
The locations and owners of all adjoining property within a five-hundred-foot radius as shown on the latest tax records, together with the present use of such adjoining lands.
(7) 
The locations, width and purpose of all existing and proposed easements, setbacks, reservations and areas dedicated to public use on or within a five-hundred-foot radius of the subject property, together with copies of such documents, existing or proposed.
(8) 
The location of all existing and proposed deed restrictions or covenants applying to the subject property, together with copies of such documents, existing or proposed.
(9) 
Existing zoning of the subject property and of all abutting property within a five-hundred-foot radius of the subject property.
B. 
Natural features.
(1) 
If applicable, existing contours at intervals of two feet or less, in form satisfactory to the Village Planning Commission.
(2) 
The location of existing isolated trees on the subject property with a diameter of eight inches or more, measured three feet above the base of the trunk.
(3) 
The location of any other significant existing natural features.
C. 
Existing structures and utilities.
(1) 
The location of all structures and of all uses not requiring structures.
(2) 
The location of any other existing development or features, including fences, landscaping and screening.
(3) 
The location of all paved areas, sidewalks and vehicular access between the subject property and public streets.
(4) 
The locations, dimensions, grades and flow direction of any existing sewers, culverts, waterlines, as well as other underground and aboveground utilities within and adjacent to the subject property.
D. 
Proposed development.
(1) 
The location of all proposed structures or alterations to existing structures.
(2) 
The location and layout of all proposed uses not requiring structures, such as loading areas.
(3) 
The location, direction, power and time of use for any proposed outdoor lighting or public-address system.
(4) 
The location of any outdoor signs and any means of illumination.
(5) 
Profiles indicating grading and cross sections showing width of proposed roadways, location and width of proposed driveways, sidewalks and other paved areas and proposed direct pedestrian connection to public parking lots or structures.
(6) 
The location, layout, design and arrangement of the proposed means of ingress and egress, including sidewalks, driveways or other paved areas.
(7) 
The location, layout, design and arrangement of all off-street parking and loading spaces, including the size of such spaces and width of circulation aisles.
(8) 
Any proposed screening and other landscaping, including types and locations of proposed street and other trees and shrubs.
(9) 
The location of all proposed waterlines, valves and hydrants and of all lines or alternate means of water supply and sewage disposal and treatment.
(10) 
Any contemplated public improvements on or adjoining the subject property within a five-hundred-foot radius.
(11) 
Any proposed new grades, indicating clearly how such grades will meet existing grades of adjacent streets.
(12) 
A scale drawing of the exterior of all proposed structures and identification and location of all building materials to be used on exterior surfaces.
(13) 
If the site plan only indicates a first stage, a supplementary plan shall indicate ultimate development.
(14) 
Any other information deemed by the Village Planning Commission to be necessary to determine conformity of the site plan with the spirit and intent of this article.
Approval of a site plan by the Village Board shall be valid for a period of 120 days from the date thereof for the purpose of obtaining a building permit. Any extension of said period shall require approval of the Village Board.