A.
In all districts, site plan review and approval by
the Planning Board shall be required for:
(1)
The erection or enlargement of any building in any
district other than a one- or two-family residence in R-1, R-1A, R-2,
R-3, R-3A, R-4 and R-4B Districts, except that a one-family or two-family
residence in these districts shall be subject to site plan approval
in a flood hazard overlay district or in any subdivision of land where,
in the judgment of the Planning Board, one or more of the following
conditions may exist:
[Amended 7-28-1998]
(a)
Steep slopes (15% or greater).
(b)
Wetlands.
(c)
Soil erosion.
(d)
Streams.
(e)
Difficult site distance for driveways.
(f)
Narrow roadways.
(g)
Stormwater runoff.
(h)
Vehicular traffic.
(i)
Incompatible adjoining land uses or structures.
(j)
Any other existing condition which may impair
the character of the community.
(k)
Any lot for which the Planning Board has previously
required site plan review.
[Added 5-8-2007; amended 8-28-2007]
(l)
Removal of trees greater than eight inches in
diameter or removal of existing wooded areas of 500 or more square
feet.
[Added 5-8-2007; amended 8-28-2007]
(m)
Any development proposal involving grading which
results in the excavation or addition to the site of 5,000 cubic feet
or more of material.
[Added 5-8-2007; amended 8-28-2007]
(2)
All uses of vacant land.
(3)
Any change in use or intensity of use which will affect
the characteristics of the site in terms of parking, loading, access,
drainage, utilities or other City services; provided, however, that
changes in use from one permitted use to another permitted use within
the CBD Overlay District shall not require site plan approval so long
as no alterations are made to the exterior of the building or site,
with the exception of signage. This exception for site plan approval
shall also apply within any other zoning district if such proposed
change is located within an established shopping center containing
at least five retail establishments with an existing parking lot of
more than 15 vehicle spaces.
[Amended 7-26-2022 by L.L. No. 05-2022]
(4)
Any application for a special use permit or exception.
B.
In any cases where any amendment of any such plan
is proposed, the applicant must also secure the approval of the amendment
by the Planning Board. No building permit may be issued for any building
within the purview of this section until an approved site plan or
amendment of any such plan has been secured by the applicant and presented
to the DBD. No certificate of occupancy may be issued for any building
or use of land within the purview of this subsection unless the building
is constructed or used, or the land is developed or used, in conformity
with an approved site plan or an amendment of any such plan.
[Amended 8-24-2010]
In considering and reviewing site plans, the
Planning Board shall take into consideration the public health, safety
and welfare, the comfort and convenience of the public in general
and of the residents of the proposed development and of the immediate
neighborhood in particular; and may prescribe such appropriate conditions
and safeguards as may be required in order that the result of its
action shall, to the maximum extent possible, further the expressed
intent of this chapter and the accomplishment of the following objectives
in particular:
A.
That all proposed traffic accessways are adequate
but not excessive in number; adequate in width, grade, alignment and
visibility; not located too near street corners or other places of
public assembly; and other similar safety considerations.
B.
That adequate off-street parking and loading spaces
are provided to prevent parking in public streets of vehicles of any
persons connected with or visiting the use, and that the interior
circulation system is adequate to provide safe accessibility to all
required off-street parking lots, loading bays and building services.
C.
That all playground, parking and service areas are
reasonably landscaped and screened at all seasons of the year from
the view of adjacent residential lots and streets and that the general
landscaping of the site is such as to enhance the character of the
City and is in character with that generally prevailing in the neighborhood.
Whenever an off-street parking area of three or more spaces faces
a street, a planting area of a minimum width of three feet with plantings
a minimum of three feet high planted three feet on center shall be
provided between the parking area and the sidewalk. The planting plan
for this area shall be approved by the Planning Board as part of the
site plan review.
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 extent possible and that all other important natural
features are properly protected.
E.
That all plazas and other paved areas intended for
use by pedestrians shall use decorative pavements and shall use plant
materials so as to prevent the creation of vast expanses of pavement.
F.
That all outdoor lighting is of such nature and so
arranged as to preclude the diffusion of glare onto adjoining properties
and streets. All electrical wiring providing electricity from an outside
utility source in new construction shall be placed underground.
G.
That the site plan is in conformance with such portions
of the Comprehensive Plan of the City that may be in existence.
H.
That the drainage system, including proposals, will afford the best solution to any drainage problems. If required, must comply with Ch. 225, Sewers.
[Amended 4-26-1988]
I.
That adequate protection against potential flooding
is provided where necessary and that all other criteria set forth
in the environmental impact statement shall be complied with.
J.
That a letter from the Director of Public Works stating
that water will be available for the proposed project will be obtained.
[Added 4-26-1988]
A.
Prior to the submission of a formal site plan, a presubmission
conference shall be held wherein the applicant shall meet in person
with the Planning Board 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 Board's requirements
in matters relating to the development of the site and with regard
to what specific items must be submitted as part of the application.
B.
Within six months following the presubmission conference,
a copy of the site plan and any related information shall be submitted
to the Secretary to the Planning Board in quadruplicate at least 15
days prior to the Planning Board meeting at which the site plan or
an amendment to it is to be presented. If not submitted within this
six-month period, another presubmission conference may be required.
C.
The DBD shall certify on each site plan or amendment
whether or not the plan meets the requirements of all zoning provisions
other than those of this article regarding site plan review.
[Amended 8-24-2010]
D.
The time of submission of the site plan or amendment to it shall be the date of the first Planning Board meeting following the submission of a properly prepared plan to the Secretary to the Planning Board as outlined in Subsection B above. A public hearing shall be held within 62 days following the date of submission. Notice of such hearing shall be given by at least one publication in the official newspaper of the City not less than five days before the date of such hearing. Notice of the public hearing, specifying the relief requested, on a form required by the Board, shall be sent by mail to each owner or occupant of all parcels of property located within a radius of 300 feet measured from all points of the subject property lines, by certified mail, return receipt requested. Said notice shall be postmarked no sooner than 20 days and no later than 10 days prior to the date set for the public hearing. An affidavit of mailing, together with the certified letter postal receipts, shall be filed with the Board. For lots within 500 feet of a municipal boundary, notice shall be mailed in the above-prescribed form to the clerk of the adjacent municipality. The hearing date shall also be advertised by posting of a sign stating the time, date and place of the public hearing to be held on the property which is the subject of an application. The sign shall be posted at least 10 days prior to the date of the hearing. The sign shall be visible from adjacent rights-of-way. If the subject property is on more than one right-of-way, a sign shall be posted facing each right-of-way. If the sign is destroyed or removed from the property, the owner of the subject property shall be responsible for replacing it. Ten days prior to the public hearing, the owner of the subject property shall execute and submit to the Department of Planning an affidavit of proof of the posting of the public notice sign(s) according to this subsection. If the owner of the subject property fails to submit the affidavit, the public hearing will be postponed until after the affidavit has been supplied.
[Amended 10-8-1996; 5-27-1997 by L.L. No. 2-1997; 11-27-2001; 8-24-2010]
E.
The Planning Board shall act to approve or approve
with conditions any such site plan within 62 days after the public
hearing. Conditional approval by the Planning Board shall include
written findings upon any site plan element found contrary to the
provisions or intent of this chapter. In reviewing the application,
the Planning Board may secure the advice or assistance of one or more
expert consultants qualified to advise as to whether a proposed use
will conform to the requirements of this chapter. The time within
which the Planning Board must render its decision may be extended
by mutual consent of the applicant and the Planning Board. The decision
of the Planning Board shall immediately be filed in the office of
the City Clerk and a copy thereof mailed to the applicant.
[Amended 5-27-1997 by L.L. No. 2-1997; 8-24-2010]
F.
Review of amendments to an approved site plan shall
be acted upon in the same manner as the review of the original site
plan.
G.
Improvements and performance bond. Following approval
of the site plan by the Planning Board, the developer shall follow
the procedure set forth as follows:
(1)
The developer shall file with the City Clerk a performance
bond to cover the full cost of the required improvements in an amount
set by the Planning Board. Such bond shall comply with the requirements
of § 33 of the General City Law and shall be satisfactory
to the City Attorney as to form, sufficiency, manner of execution
and surety.
(2)
A period of one year or such other period as the Planning
Board may determine appropriate, not to exceed three years, within
which required improvements must be completed, shall be set forth
in the bond.
H.
Time limit on validity of approval. Approval of a
site plan by the Planning Board shall be valid for a period of one
year from the date thereof for the purpose of obtaining a building
permit. If substantial construction is commenced within the one-year
period, such approval shall be valid for a period of two years from
the date of approval.
[Amended 3-9-2004]
The applicant shall cause a site plan map to
be prepared by an architect, landscape architect, civil engineer,
surveyor, land planner or other competent person at a scale sufficient
in size to permit an adequate review. The site plan shall include
those of the elements listed herein which are appropriate to the proposed
development or use as indicated by the Planning Board in the presubmission
conference. This information, in total, shall constitute the site
plan.
A.
Legal data.
(1)
The name and address of the owner of record.
(2)
The name and address of person, firm or organization
preparing the map.
(3)
The date, north arrow and written and graphic scale.
(4)
Sufficient description or information to define precisely
the boundaries of the property, including section, block and lot number.
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 and owners of all adjoining lands as
shown on the latest tax records.
(6)
The locations, names and existing widths of adjacent
streets and curblines.
(7)
Location, width and purpose of all existing and proposed
easements, setbacks, reservations and areas dedicated to public use
within or adjacent to the property.
(8)
A complete outline of existing deed restrictions or
covenants applying to the property.
(9)
Existing zoning.
B.
Natural features.
[Amended 9-12-1989]
(1)
Existing contours with intervals of two feet, referred
to a datum satisfactory to the Planning Board.
(2)
An analysis of existing slopes indicating areas with
slope in the following categories: 0% to 15%; over 15% to less than
30%; 30% or greater.
(3)
Approximate boundaries of any areas subject to flooding
or stormwater overflows.
(4)
Location of existing watercourses, marshes, wooded
areas, rock outcrops, isolated trees with a diameter of eight inches
or more, measured three feet above the base of the trunk, and any
other significant existing natural features.
(5)
Profiles of existing contours at fifty-foot intervals.
C.
Existing structures and utilities.
(1)
Outlines of all structures and location of all uses
not requiring structures.
(2)
Paved areas, sidewalks and vehicular access between
the site and public streets.
(3)
Location, dimensions, grades and flow direction of
any existing sewers, culverts, water lines, as well as other underground
and above-ground utilities within and adjacent to the property.
(4)
Other existing development, including fences, landscaping
and screening.
D.
Proposed development.
[Amended 9-12-1989]
(1)
The location of proposed buildings or structural improvements.
(2)
The location and design of all uses not requiring
structures, such as off-street parking, loading areas, any common
space and/or recreation areas.
(3)
The location, direction, power and time of use for
any proposed outdoor lighting or public address systems.
(4)
The location and plans for any outdoor signs.
(5)
The location, arrangement and materials of proposed
means of access and egress, including sidewalks, driveways or other
paved areas. Profiles indicating grading and cross sections showing
width of roadway, location and width of sidewalks and location and
size of water and sewer lines. Any proposed direct pedestrian connection
to public parking lots or structures will also be shown.
(6)
Any proposed screening and other landscaping, including
a planting plan prepared by a qualified landscape architect or architect.
(7)
The location of all proposed water lines, valves and
hydrants and of all sewer lines or alternate means of water supply
and sewage disposal and treatment.
(8)
An outline of any proposed easements, deed restrictions
or covenants.
(9)
Any contemplated public improvements on or adjoining
the property.
(10)
Proposed finished grades at intervals of two
feet indicating clearly how such grades will meet existing grades
of adjacent properties or the street.
(11)
Profiles of the finished contours at fifty-foot
intervals (should be shown with the profiles of existing contours).
(12)
Elevations of all proposed principal or accessory
structures incorporating the design or screening of any projection
from the roof.
(13)
If the site plan only indicates a first stage,
a supplementary plan shall indicate ultimate development.
(14)
Any other information deemed by the Planning
Board to be necessary to determine conformity of the site plan with
the spirit and intent of this chapter.
(15)
In the case of all required improvements, a
professional engineer or licensed architect is required to submit
plans. Construction and materials of retaining walls in steep terrain
require approval of the Director of Public Works of the City of Glen
Cove. Installation of such improvements must be under the direct supervision
of a registered architect or licensed engineer.
E.
Environmental impact statement. An environmental impact
statement shall be submitted in the format established by the Glen
Cove Environmental Conservation Board.
F.
Certification by professional engineer or registered
architect. In addition to all other requirements, where structures
are proposed on land with slopes in excess of 15%, the applicant shall
submit documentation by a registered architect or professional engineer
as to stability of the soils and requirements for construction to
ensure stability, including the design of the retaining walls. All
development shall be done in accordance with such plan, as approved
by the City, and shall be so certified to the Director of the Building
Department by the registered architect or professional engineer who
prepared the plan.
[Added 9-12-1989; amended 8-24-2010]
G.
The Planning Board, in furtherance of site plan review,
in its discretion, may require submission of renderings and three-dimensional
scale models which depict the architectural exterior of any new building
or structure, and any existing building or structure which is proposed
for substantial redevelopment, and any parking area, landscaping buffer
and retaining walls which may be part of a site under review. Renderings,
if approved by the Planning Board, in its discretion, or if approved
with conditions, shall be binding upon the applicant, and no building
permit or certificate of occupancy shall be issued by the Director
of the Building Department except in conformance therewith. Nothing
herein shall be deemed to authorize architectural review of one-family
and two-family detached dwelling units which are not part of an average
density development as provided in this chapter. The Planning Board,
in the exercise of its discretion to approve or disapprove the renderings
depicting the architectural exterior of a proposed project, shall
consider the architectural character of surrounding neighborhood,
as well as the proportion, scale, color, materials and function of
said proposed architectural exterior.
[Added 4-13-1999; amended 8-24-2010]
H.
In furtherance of its site plan review authority and
the review of architectural exteriors, as provided in this section,
the Planning Board shall have the authority to adopt rules and regulations
which shall be filed as a public record with the City Clerk within
30 days of any such adoption.
[Added 4-13-1999]
I.
A stormwater pollution prevention plan consistent with the requirements of Chapter 237 of this Code shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Chapter 237 of this Code. The approved site plan shall be consistent with the provisions of Chapter 237.
[Added 12-12-2007 by L.L. No. 4-2007]
[Amended 1-22-1991; 5-27-1997 by L.L. No. 2-1997]
Upon application for any site plan review, the
applicant shall pay a fee to the Secretary to the City of Glen Cove
Planning Board in accordance with the fee schedule as adopted and
amended from time to time by the City Council.[1] Such fee shall be payable at the time when the proposed
plan is first submitted to the City. Such fee shall not be refundable,
even if all or portions of the proposed project are formally withdrawn
or if the City fails to grant the applicant's request. However, if
the applicant elects to enlarge his or her project at any time, an
additional fee may be required in accordance with the fee schedule.
[1]
Editor's Note: The fee schedule is on file
in the City offices.
