Village of Port Washington North, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Port Washington North 3-17-2009 by L.L. No. 1-2009.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 68.
Flood damage prevention — See Ch. 98.
Stormwater management — See Ch. 142.
Zoning — See Ch. 176.
[1]
Editor's Note: The provisions of this local law were originally adopted as Ch. 177 but were renumbered in order to maintain the alphabetical sequence of the Code.
It is hereby determined that there should be a formal public process of site plan review in the Village of Port Washington North in order to help ensure that the future use, reuse, development and redevelopment of multifamily, senior citizen, conservation subdivisions and non-single-family residential properties will be planned and designed in such a way as to further the public health, safety and general welfare of the population. It is hereby further determined that the appropriate provision for, and review of, on- and off-site infrastructure improvements will foster the goals set forth above. It is hereby further determined that there should be specific standards established in this chapter for such review and that such review should be incorporated in existing approval processes, wherever appropriate.
A. 
Village Board approval.
(1) 
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
VILLAGE BOARD
The Village of Port Washington North Board of Trustees.
(2) 
Site plan approval by the Village Board shall be required prior to the issuance of a building permit or certificate of occupancy, as follows:
(a) 
All structures and alterations thereto or uses that require conditional use permit.
(b) 
All structures or alterations thereto or uses that require change of zone approval by the Village Board.
(c) 
All structures or uses that are required to provide 25 or more parking spaces.
(d) 
All structures or uses that abut a residence district and are required to provide more than 15 parking spaces.
(e) 
All commercial structures or alterations of commercial structures.
(f) 
The Village Board Review shall be required, prior to approval, for all structures as specified above, including places of worship, colleges and universities, customary agricultural operations, commercial uses and country clubs in all Residence Districts.
B. 
Site plan approval is required for: All structures located in any zoning district other than single-family residential shall require approval of the Building Department after consultation with the Village Board.
C. 
The Village Board may refer any matter to the Village Planning Board for review and recommendation to the Village Board.
D. 
Any approval granted pursuant to this chapter may be subject to conditions, covenants and restrictions designed to implement the intent of this chapter or any other ordinance contained in the Village Code. In addition, all representations of the applicant may be added to the approval as conditions, covenants and restrictions.
All site plan applications shall be submitted to the Building Department on forms provided by the Village. They shall be accompanied with fees or trust account deposits as required by this chapter and 12 prints of a detailed site plan prepared by a legally qualified design professional or firm, including but not limited to a registered architect, landscape architect or professional engineer. Additional sets of prints may subsequently be required if Village Board and/or Planning Board review, the quantity of which shall be determined by the Building Department. The site plan shall demonstrate that, insofar as practicable, all standards of this chapter have been met. All site plan applications shall include at least the following information, as applicable and appropriate:
A. 
General. Site plans shall be drawn on sheets not exceeding a size of 36 inches by 48 inches and to a convenient scale, but not less than one inch equals 20 feet unless otherwise approved by the Building Department.
B. 
Legal data.
(1) 
Name and address of applicant, and authorization by owner if different from applicant.
(2) 
Name, address, signature and seal of the professional preparing the site plan.
(3) 
Title of the development, date prepared and date of revisions, if any.
(4) 
North arrow, scale and site vicinity map drawn to a scale of not less than one inch equals 600 feet.
(5) 
Section, block and lot number(s).
(6) 
Description of all existing and proposed deed restrictions or covenants.
(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) 
Existing zoning of the property and all adjoining properties.
(9) 
Zoning information chart including an indication of any necessary variances. The chart shall include the following items and illustrate what is the minimum or maximum as required by this chapter and what is proposed to be provided for each, as applicable:
(a) 
Proposed use of structure.
(b) 
Lot area (square feet).
(c) 
Lot width and frontage.
(d) 
Lot area per dwelling unit (square feet).
(e) 
Gross floor area per dwelling unit (square feet).
(f) 
Building coverage.
(g) 
Gross floor area by use.
(h) 
Floor area ratio.
(i) 
Front, side and rear yards.
(j) 
Building height (stories and feet).
(k) 
Building dimensions.
(l) 
Area of usable open space.
(m) 
Off-street parking and loading spaces.
(n) 
Area of landscaped islands with parking lot perimeter.
(o) 
Yards, building height and building coverage of required rear yard for accessory buildings.
C. 
Natural features.
(1) 
Topographic data at a maximum contour interval of two feet, showing existing and proposed contours, extended at least 10 feet onto adjoining properties.
(2) 
Surface features, such as location of rock outcrops.
(3) 
Boundaries of any area subject to flooding or stormwater overflows, including flood hazard areas as established by the federal government.
(4) 
Location of all existing watercourses, waterbodies, intermittent streams, wetlands and springs.
(5) 
Description of vegetation on site, including existing landscaping, the location of existing wooded areas and all individual trees with a diameter of six inches or more measured three feet above the base of the trunk.
(6) 
Any other significant existing natural features.
D. 
Existing structures and utilities.
(1) 
Location of all structures on the premises and approximate location of all neighboring structures within 100 feet of the lot lines of the premises.
(2) 
Location of all existing public and private roads and rights-of-way, paved areas and sidewalks adjoining the property, including the names and paved widths of roads.
(3) 
Locations, dimensions, grades and flow direction of existing sewers, culverts, waterlines and other underground utilities within the property and within adjacent street, to the extent known or relevant.
(4) 
Location of existing fences and screening.
(5) 
All other existing improvements.
E. 
Proposed development.
(1) 
Location and dimensions of all proposed structures (including length, width, floor elevations and height) with floor plans showing all proposed floor space by type of use and floor level.
(2) 
Preliminary architectural plans showing at least three exterior elevations of the proposed structure, including dimensions, materials and colors to be used.
(3) 
Location, width and finished grades of proposed public and private streets, driveways, roads and sidewalks, including pavement type and center-line profiles. All slopes shall be indicated by percentage of grade. Elevations at center-line of street, top of curb and at the lot line shall also be indicated on the profile. Where there is no curb, the curb elevations shall be assumed to be equal to the elevation at the center line of the street and shall be so indicated.
(4) 
Location, layout, finished grade, pavement specifications and curbing proposed for parking and loading spaces, including access drives.
(5) 
Location, design and proposed screening of any outdoor storage areas, including proposed provisions for recycling and refuse storage and collection.
(6) 
Approximate location of proposed utilities. Note: The submission of plans showing the location, size, and design of all proposed water supply, sanitary sewerage, valves, hydrants and other such utility facilities, including connections to any existing such facilities, with profiles, may be required prior to the issuance of a building permit.
(7) 
Approximate location of proposed stormwater drainage system. Note: The submission of plans showing the details of catch basins, dry wells, recharge basins and other related facilities and the calculation of expected storm drain loads and stormwater runoff to be accommodated by the proposed drainage system in accordance with all requirements of Nassau County Department of Public Works may be required prior to the issuance of a building permit.
(8) 
Landscaping plan, to include type, size, quantity and location of all plants and other landscaping materials to be used, with common and scientific names. Included in the plan shall be an indication of all existing vegetation to be retained, a line indicating the limit of the area of disturbance and the methods to be used to protect existing vegetation during the course of construction. Cross sections shall be provided, as needed. An irrigation system may be required for landscaped areas.
(9) 
Snow removal management plan including the location of all parking area maintenance equipment and vehicles.
(10) 
Type, location, design, shielding, illumination levels in footcandles and hours of operation of exterior lighting.
(11) 
Location, type, size, typography, design, color and illumination of all signs.
(12) 
Illustration of the ultimate potential development of the site, if the site plan application represents only a portion or phase of a larger possible development.
(13) 
Estimate of earthwork, showing the quantity of any material to be imported to or removed from the site.
(14) 
Description of measures planned to assure proper erosion and sedimentation control both during and after construction.
(15) 
Statement from the applicant's engineer indicating the estimated cost of construction of all proposed site improvements.
F. 
Master signage plan required. For every project required to provide 50 or more parking spaces, a master signage plan shall be prepared. Such plan shall include at least the following:
(1) 
The location of all existing and proposed signage.
(2) 
Elevations of all existing signs identifying whether each sign is to remain.
(3) 
Elevations of all proposed signs identifying the type, the vertical, horizontal and depth dimensions, color scheme, lettering or graphic style, the signage materials, the height, whether the sign is to be illuminated and, if so, details of the proposed illumination.
Each application for site plan approval shall be accompanied by a base application fee in the amount of $50 per required off-street parking space but not less than $750. Where Planning Board or Village Board review is required, an additional fee of $1,000 shall be paid. In addition, the applicant shall be required to fund the cost of all outside consulting services, inclusive of Village Attorney's fees, to assist the approving agency with the review of applications, if such assistance is determined necessary by said agency. In such cases, the applicant shall provide additional funds to the Village for deposit into a trust account, as follows:
A. 
An initial trust deposit for outside consulting services shall be required to be deposited with the Village Board in the following amount: $2,500, but not less than $50, per required off-street parking space for each of the first 100 spaces, $20 per required space for each of the next 100 spaces, $15 per required space for each of the next 100 spaces, $10 per required space for each of the next 100 spaces and $5 per each required space thereafter. If the above calculation would require an initial trust deposit in excess of $5,000, the Village Board may allow the initial deposit to be limited to $5,000.
B. 
The amount of such initial trust deposit shall be doubled if and at such time as the approving agency issues a positive declaration requiring the preparation of a draft environmental impact statement (DEIS) in accordance with SEQRA. The purpose of such additional deposit shall be to fund the cost of environmental review.
C. 
When the balance in an applicant's trust account is reduced to 1/3 of the required initial deposit amount, the applicant shall deposit sufficient additional funds to restore the account up to at least the originally required balance, or such lesser amount as may be agreed to by the approving agency. If such account is not replenished within 30 days after the applicant is notified in writing of such requirement, the approving agency shall immediately suspend its review of the application.
Where Village Board approval is required, consistent with the timing requirements of the SEQRA, the Village Board shall consider the proposed site plan at the same public hearing as required for the special use permit or zoning change application. Village Board action with respect to the site plan shall be incorporated into its decision with respect to the special use permit or zoning change. Where no Village Board approval other than a site plan approval is required, the Village Board shall conduct a public hearing within 60 days after an application has been declared complete by the Building Department. In the event a referral has been made to the Planning Board, the Planning Board shall conduct a public hearing within 60 days after an application has been declared complete by the Building Department. In that event, the Village Board shall conduct a public hearing within 60 days after receipt of a referral decision from the Planning Board. In the event modifications of the original site plan are required, a hearing on any modified plan shall be conducted within 30 days after the resubmission of a complete site plan.
A. 
Notification of Village Board and Planning Board public hearing shall be the same as required for the related conditional use permit or zoning change application, as the case may be.
B. 
The applicant shall give notification of the meeting by the posting of a notification sign in accordance with the provisions below along each street frontage of the subject property at least seven calendar days prior to the meeting, where said board is the approving agency.
(1) 
Notification signs shall be at least six square feet in area, and shall consist of sturdy weatherproof material containing a white background and black legible letters at least two inches in height. The sign shall be placed in a location plainly visible from each street upon which the property fronts, but in no case more than 20 feet back from the street. If the property fronts on two or more streets, one such sign shall be placed along each of the most commonly traveled street frontages but, in any event, no more than two signs shall be required.
(2) 
The notification sign shall read as follows:
ON THIS PROPERTY A (DESCRIBE PROPOSED ACTION) IS PROPOSED. THIS MATTER WILL BE DISCUSSED AT A (IDENTIFY APPROVING AGENCY) PUBLIC (HEARING OR MEETING) ON (FILL IN DATE) AT (FILL IN TIME) AT (FILL IN LOCATION).
(3) 
The applicant shall update the notification sign(s) at least seven days prior to each public meeting or hearing at which it is to be heard.
(4) 
The applicant shall submit an affidavit to the Village Clerk, as appropriate, at the public hearing/meeting attesting to the installation of the notification sign, as required herein.
(5) 
The applicant shall remove the notification sign(s) within seven days after the close of the public meeting or hearing at which the application has been heard.
No site improvements or change of use may be implemented, no construction shall commence and no permits shall be issued by applicable enforcement agents or officers of the Village until after approval for said improvements or change of use is granted by the approving agency where such approval is required, and all modifications and conditions as set forth in said approval are certified as having been met, as evidenced by the signature of the Village Building Department, on the site plan, except as may be otherwise specifically provided for in the resolution of site plan approval. Continued compliance with all such conditions shall be a requirement of the continued validity of any building permit or certificate of occupancy issued pursuant thereto.
A. 
The approval of a signed site plan shall expire in the event that:
(1) 
An application has not been made for a building permit or a certificate of occupancy within one year after the date the site plan was signed.
(2) 
All construction in accordance with the approved site plan has not been completed within three years after the date the site plan was signed.
(3) 
Construction in accordance with the site plan substantially ceases, prior to completion, for a period of one year or more after commencement.
B. 
Any application for extension shall be made by the applicant to the Village Board prior to the expiration of the specific time period sought to be extended. Such application shall be accompanied by a fee of $500. The approving agency may extend all time limits for good cause shown, if said agency deems such extension warranted.
A. 
Minor amendments. During the course of construction, the Village Board, or any duly authorized designee, may approve minor adjustments to the approved site plan where such adjustments are deemed to be necessary or appropriate. Such minor adjustments must be consistent with the basic concepts of the approved site plan. Any such minor adjustments shall be requested in writing to the Building Department and approved by written instrument.
B. 
Substantial amendments. Where unforeseen conditions are encountered which require any change to an approved site plan which the Building Department, or any duly authorized designee, considers substantial, or where the applicant wishes to modify the approved site plan for other reasons, an amended site plan shall be filed for review and approval submitted in accordance with the same procedures and fees as required for the original application.
In considering proposed site plans, the reviewing agency will be guided by the purposes of this chapter and Chapter 176, including the purposes of the applicable zoning district or districts, the specific off-street parking and site design standards as set forth in this chapter and the following general standards:
A. 
The opportunity for safe, adequate and convenient vehicular and pedestrian traffic circulation both within and without the site. At least the following aspects of the site plan shall be evaluated to determine conformity to this standard:
(1) 
The effect of the proposed development on traffic conditions on existing streets.
(2) 
The number, locations and dimensions of vehicular and pedestrian entrances, exits, drives and walkways.
(3) 
The adequacy of safe visibility at all exit points of the site. The driver of an automobile should have an unobstructed view of the street for the distance necessary to allow safe entrance into the traffic stream.
(4) 
The location, arrangement and adequacy of off-street parking and loading facilities.
(5) 
Interconnection of parking facilities via access drives between adjacent lots, designed to provide maximum safety, convenience and efficiency of traffic circulation, and to minimize curb cuts on neighboring streets.
(6) 
Patterns of vehicular and pedestrian circulation both within the boundaries of the development and in relation to the adjoining road and sidewalk system.
(7) 
The location, arrangement and adequacy of facilities for the physically handicapped, such as ramps, depressed curbs and reserved parking spaces.
(8) 
The location, arrangement and adequacy of landscaping within and bordering parking facilities and loading spaces.
(9) 
The adequacy of fire lanes and other emergency facilities and services. The applicant shall be required to allow enforcement of parking and traffic circulation restrictions by local police, fire and Village officials, as determined appropriate.
B. 
The protection of environmental quality and the preservation and enhancement of property values. At least the following aspects of the site plan shall be evaluated to determine conformity to this standard:
(1) 
The location, height, lighting, design and materials of walls, fences, hedges and plantings so as to ensure harmony with adjacent development, screen parking facilities and loading spaces and to conceal storage areas, refuse areas, utility installations and other such features.
(2) 
The prevention of dust, erosion and drainage onto adjacent properties both during and after construction, through the planting of ground cover or the installation of other appropriate protective devices and/or ground surfaces.
(3) 
The preservation of natural features such as wetlands, unique wildlife habitats, historic structures, major trees and scenic views both to and from the site.
(4) 
The arrangement, type and design of signage and exterior lighting.
(5) 
The design and arrangement of buildings, structures and accessory facilities (such as air-conditioning systems, public address systems, etc.) so as to achieve minimum and acceptable noise levels at the property boundaries.
(6) 
The provision of adequate storm- and surface water drainage facilities so as to properly drain the site while maximizing groundwater recharge, minimizing downstream flooding and preventing the degradation of water quality.
(7) 
Access to sunlight as related to building siting, orientation and landscaping, as well as present and potential future solar energy systems.
(8) 
The design and arrangement of facilities to accommodate both refuse and recycling storage containers.