[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)
VILLAGE BOARD
Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
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:
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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).
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(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.
