[HISTORY: Adopted by the Board of Trustees
of the Village of Roslyn Harbor 4-5-2001 by L.L. No. 2-2001.
Amendments noted where applicable.]
GENERAL REFERENCES
Planning Board and Zoning Board of Appeals — See Ch. 52.
Building construction administration — See Ch. 100.
Environmental quality review — See Ch. 117.
Fees and deposits — See Ch. 125.
Stormwater management and erosion and sediment control — See Ch. 226.
Subdivision of land — See Ch. 232.
Zoning — See Ch. 275.
This chapter shall be known as the "Village
of Roslyn Harbor Site Plan Review Law."
A.
The Board of Trustees of the Incorporated Village
of Roslyn Harbor (hereinafter the "Board of Trustees") hereby finds
that in order to ensure that future land use, development and construction
activities within the Village of Roslyn Harbor (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, development and construction activities proposed within the Village
should be subject to review by the Planning Board acting in the capacity
of a site plan review board.
B.
It is, therefore, the intent of the Board of Trustees,
and the purpose of this chapter, to establish a procedure for site
plan review for new land use, development and construction activities
proposed within the Village consistent with and pursuant to § 7-725-a
of the Village Law of the State of New York 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, architectural
building design and features, including but not limited to mass proportion,
fenestration, harmony and dissimilarity, location and dimensions 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.
[Amended 7-9-2015 by L.L.
No. 3-2015; 12-14-2020 by L.L. No. 4-2020]
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 chapter.
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 conditions must
be met before the issuance of permits by applicable enforcement agencies
or officials of the Village.
A.
Except as otherwise provided in this Code, the following
applications for land use, development and construction activities
within the Village shall require site plan review and approval:
(1)
All new dwellings or other principal structures and
principal land uses permitted in any residential district.
(2)
All buildings, structures and land uses accessory
to a residential land use permitted in any residential district prior
to the issuance of a certificate of occupancy for the principal building
or structure.
(3)
All buildings, structures or land uses accessory to
a nonresidential land use permitted in any residential district.
(4)
All new buildings, structures or land uses for which
a use variance has been granted.
(5)
Any addition to or reconstruction of all or part of a principal structure which equals or exceeds 50% of the square footage of the gross floor area of the structure as originally constructed or as last modified pursuant to site plan approval or a building permit issued prior to the adoption of this chapter, or equals or exceeds a gross floor area limitation imposed by decision of the Planning Board or any reconstruction of a principal structure damaged by fire or other incident, the cost of which equals or exceeds 50% of the market value of the structure at the time the damage occurred; provided, however, that in the case of a fire or other similar catastrophe destroying more than 50% of a dwelling where reconstruction is proved to the Building Department's satisfaction to be substantially the same as the preexisting dwelling, the dwelling itself shall not be subject to site plan review. As used in this chapter, "gross floor area" shall be calculated in accordance with the definition of that term as set forth in § 275-4 of Chapter 275, Zoning.
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.
C.
Modification to an approved site plan. Except as provided in Subsection D hereof, in the event that a modification is proposed to an approved site plan which has not been issued a certificate of occupancy/completion, an application for site plan review of the modified plan must be made to and approved by the Planning Board before a building permit for the modified plan may be issued.
D.
Minor modification to an approved site plan. An application
to amend or modify an approved site plan which has not been issued
a certificate of occupancy/completion will not require Planning Board
site plan review if, in the unanimous opinion of the Building Inspector
and two members of the Planning Board appointed by the Chairman of
the Planning Board, including himself, for such purpose, the modification
is minor. "Minor modification" is defined as one which does not cause
any material change in the overall design, layout or appearance of
the site. Upon such determination, a building permit may be issued
upon compliance with all other applicable requirements.
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)
Application form for site plan review, in form and
substance satisfactory to the Building Department.
(2)
Site survey, showing all existing structures, prepared,
signed and sealed by a licensed land surveyor.
(3)
Full building plans along with a sample board of building
materials to be used, along with color renderings of all views of
the principal structure or dwelling.
[Amended 12-14-2020 by L.L. No. 4-2020]
(4)
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 names and
home and business addresses 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 a 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)
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)
Location plans and elevations of all proposed
structures.
(k)
Location of all existing and proposed driveways,
walkways and impervious surfaces located on the property.
(l)
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 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.
(q)
The location of all proposed waterlines, valves
and hydrants and all sewer lines or alternative means of water supply
or sewage disposal and treatment.
(r)
The proposed location, direction of illumination,
power and time of proposed outdoor lighting.
(s)
The proposed stormwater drainage system.
(t)
Structural elevation calculations.
(u)
Zoning calculations.
(v)
Illustration of all proposed structures as they
relate to height/setback requirements.
(x)
Delineation of coastal erosion hazard area,
if the property is located within the Village-designated coastal management
zone.
(y)
Delineation of tidal and freshwater wetland
areas as designated by the New York State Department of Environmental
Conservation.
(5)
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, 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)
Location of all trees, shrubs and/or other vegetation,
identified by size, height and type or species, which are to be provided.
(f)
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.
(6)
Photographs (two sets only) of existing structures
of the property and surrounding landscaping/screening.
(7)
Environmental assessment form completed and signed
by the applicant.
(8)
Original building permit application which was reviewed
by the Building Department.
(9)
Building Department's memorandum of review.
(10)
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.
(11)
List of the names of all owners of property
within a two-hundred-foot radius 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.
(12)
Certificate of title and deed(s) for the existing
lot(s).
(13)
Letter from the Water District regarding availability
of water to the site (for new structures only).
(15)
Any other information found by the Planning
Board or Building Department to be necessary to reasonably determine
compliance of the site plan with this chapter and Village Law § 7-725-a.
(16)
A stormwater pollution prevention plan consistent with the requirements of Chapter 226 shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Chapter 226. The approved site plan shall be consistent with the provisions of this chapter
[Added 12-10-2007 by L.L. No. 5-2007]
B.
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 by the following general and specific
considerations, as appropriate and applicable to the application:
(1)
The overall impact of the proposed development on
the neighborhood and surrounding uses, including the suitability and
compatibility of architectural and design considerations.
[Amended 12-14-2020 by L.L. No. 4-2020]
(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 pedestrian traffic
access and circulation.
(4)
The adequacy of stormwater, water supply, sewage disposal,
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.
(5)
The adequacy, type and arrangement of trees, shrubs
and other landscaping and natural screening constitute a visual and/or
noise buffer between the applicant's and adjoining lands, including
the maximum feasible retention of existing vegetation.
(6)
Protection of adjacent or neighboring properties against
noise, glare, unsightliness and nuisances.
B.
The Planning Board shall not approve a site plan application
unless it finds affirmatively that the building or structure, if constructed,
erected, reconstructed or altered in accordance with the submitted
plan, will not:
(1)
Be visually offensive or inappropriate by reason of
poor quality of exterior design, monotonous similarity or striking
visual discord in relation to the sites 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)
Adversely affect the functioning, economic stability,
prosperity, health, safety and general welfare of the entire community.
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 certified to be complete by the Building
Department.
The applicant shall mail notice of the public
hearing to the owners of all properties within a radius of 200 feet
of the lot lines of 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 Planning 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 Supreme Court for review by
a proceeding under Article 78 of the Civil Practice Law and Rules.
Such proceedings may only 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 plans 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 inapplicable or inappropriate to a particular site plan.
The Planning Board may, consistent with this
chapter, adopt such further rules and regulations 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 Chapter 275, Zoning, of the Village Code, applications may be concurrently made directly to the Zoning Board of Appeals for an area variance, 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.
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.
Unless otherwise indicated, all construction,
reconstruction, alterations, additions or improvements included in
or required by a proposed site plan shall comply with all other applicable
statutes, local laws, rules and regulations of the Village and any
other governmental entity.
A.
Before the Planning Board may approve a site plan
containing residential units, such site plan shall also show, when
required by such Board, a park or parks suitably located for playground
or other recreational purposes.
B.
Land for park, playground or other recreational purposes
may not be required until the Planning Board has made a finding that
a proper case exists for requiring that a park or parks be suitably
located for playgrounds or other recreational purposes within the
Village. Such findings shall include an evaluation of the present
and anticipated future needs for park and recreational facilities
in the Village based on projected population growth to which the particular
site plan will contribute.
C.
In the event the Planning Board makes a finding pursuant to Subsection B of this section that the proposed site plan presents a proper case for requiring a park or parks suitably located for playgrounds or other recreational purposes, but that a suitable park or parks of adequate size to meet the requirements cannot be properly located on such site plan, it may require a sum of money in lieu thereof to be established by the Village Board of Trustees. In making such determination of suitability, the Board shall assess the size and suitability of lands shown on the site plan which could be possible locations for park or recreational facilities, as well as practical factors, including whether there is a need for additional facilities in the immediate neighborhood. Any moneys required by the Planning Board in lieu of land for park, playground or other recreational purposes, pursuant to provisions of this section, shall be deposited into a trust fund to be used by the Village exclusively for park, playground or other recreational purposes, including the acquisition of property.
D.
Notwithstanding the foregoing provisions of this section,
if the land included in a site plan under review is a portion of a
subdivision plat which has been reviewed and approved, the Planning
Board shall credit the applicant for any land set aside or money donated
in lieu thereof under such subdivision plat approval. In the event
of resubdivision of such plat, nothing shall preclude the additional
reservation of parkland or money donated in lieu thereof.
[Amended 3-22-2006 by L.L. No. 1-2006]
For any and every violation of the provisions of this chapter, 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 apart or assists in any such violation or who maintains any building or premises in which such violation shall exist, shall be liable for a penalty as provided in Chapter 1, Article I of this Code. 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 existing landscaping
to be preserved as shown on the applicant's plan shall be protected,
all 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.
[Amended 7-9-2015 by L.L.
No. 3-2015]
B.
If public improvements are required, 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, shall be provided.
C.
No performance bond or irrevocable letter of credit
shall be accepted by the Village Clerk unless approved as to form
and substance by the Village Attorney.
Site plan approval shall automatically terminate
one year after the resolution granting approval is filed in the office
of the Village Clerk, unless a building permit has been issued thereon.
