[Amended 6-17-2014 by L.L. No. 8-2014]
The intent and purpose of site plan approval are to ensure that
any plot of land affected thereby shall be developed with proper regard
for the public health, safety, welfare and comfort and convenience
of the public in general and of the occupants and users of the subject
land and buildings in particular. The Village Board of Trustees is
charged with preliminary site plan review and approval. The authority
to grant final site plan approval also rests with the Board of Trustees.
A.
Prior to the issuance of a building permit in any zoning district
for a new building or structure, or an addition to a building or structure,
or for the alteration of a building or structure for any new land
use or any altered land use activities requiring a variance or a special
permit, the Building Inspector shall require site plan approval in
accordance with the provisions of this article. Exceptions to these
requirements are:
(1)
Construction of a one-family dwelling or a two-family dwelling on
a single plot;
(2)
Additions to a one-family dwelling or a two-family dwelling;
(3)
Permitted accessory buildings or structures to a one-family dwelling
or two-family dwelling; and
(4)
Exterior or interior alterations which do not result in any modification
or rearrangement of building coverage or floor area.
B.
The Building Inspector shall notify an applicant for a building permit
in each case where site plan approval is required.
A.
A sketch plan conference shall be held between the Board of Trustees
and the applicant prior to the preparation and submission of a formal
site plan. The intent of such a conference is to enable the applicant
to inform the Board of Trustees of the proposal prior to the preparation
of a detailed site plan and to provide the Board of Trustees with
an opportunity to review the basic site design concept, to advise
the applicant as to potential problems and concerns and to generally
determine the information to be required on the site plan.
[Amended 6-17-2014 by L.L. No. 8-2014]
B.
In order to accomplish these objectives, the applicant shall provide
eight copies of the following to the Board of Trustees:
[Amended 6-17-2014 by L.L. No. 8-2014]
(1)
A statement and sketch drawn approximately to scale showing the locations
and dimensions of the principal and accessory structures, parking
areas (including ingress and egress and curb cuts), signs, existing
and proposed vegetation and other existing topography and natural
features; proposed water supply and sewage and waste disposal facilities;
provisions for storm drainage, recreation and open space; and preliminary
zoning calculations.
(2)
An area map showing the parcel under consideration for site plan
review and all properties, subdivisions, streets, rights-of-way and
other pertinent features within 300 feet of the boundaries of the
parcel.
(3)
An economic analysis of the project indicating, as applicable, such
information as cost of construction and development, proposed rental
or sales prices, market area, cost and manner of providing public
utilities, etc.
C.
Notwithstanding Subsections A and B above, the Board of Trustees may waive requirements of the sketch plan submission, upon the request of the applicant, where, due to character, size, location or special circumstances, any particular information or the sketch plan conference is not required in order for the Board of Trustees to properly perform site plan review.
[Amended 6-17-2014 by L.L. No. 8-2014]
D.
The submission of documentation for a sketch plan conference shall
be deemed a preliminary submission only and shall not commence the
running of any time periods within which any reviewing agency or body
shall be required to act.
[Amended 6-17-2014 by L.L. No. 8-2014]
A.
Application contents. An application for site plan approval shall
be made in writing to the Building Inspector and shall be accompanied
by supporting information and documentation. If a sketch plan conference
was held, the supporting information shall include the elements identified
by the Board of Trustees at said sketch plan conference. The site
plan shall be prepared by a licensed engineer or licensed architect.
In an appropriate case, the Board of Trustees may require that specific
components of the site plan be prepared by a licensed landscape architect
or licensed surveyor. The applicant for site plan approval shall submit
15 copies, which shall include the following information unless items
are waived by the Board of Trustees:
(1)
An area map showing the applicant's entire holding, that portion
of the applicant's property under consideration, including any easements
or deed restrictions, and all properties, subdivisions, streets and
areas dedicated to public use within 300 feet of the applicant's property.
(2)
A map of site topography at two-foot contour intervals.
(3)
A site plan at an appropriate scale.
(4)
The title of the drawing, including the name and address of the applicant,
the owner and the person responsible for preparation of such drawings.
(5)
North arrow, scale and date.
(6)
Boundaries to the property plotted to scale.
(7)
Existing buildings and structures.
(8)
Grading and drainage plan showing existing and proposed contours,
rock outcrops, depth to bedrock, soil characteristics and watercourses,
including top elevations of all site structures.
(9)
Location, design, type of construction, proposed use and exterior
dimensions of all buildings and accessory structures.
(10)
Location, design and type of construction of all parking spaces
and loading areas, showing ingress and egress, curb cuts, size of
such spaces and areas, width of circulation aisles and distances from
property lines and all other requirements of this chapter.
(11)
Preliminary floor plans and elevations of proposed buildings
or structures.
(12)
Location, design and type of construction of all pedestrian
access.
(13)
Location of outdoor storage, including but not limited to materials,
refuse and similar items.
(14)
Location and design of all existing and proposed site improvements,
including drains, culverts, walls, fences, hedges and screen plantings
and all existing trees on the subject property which have at least
one trunk with a diameter of six inches or greater, measured 4 1/2
feet above the ground.
(15)
A description of the method of public water supply, stormwater
and sewage disposal and the location of such facilities and estimated
volumes.
(16)
Location of fire and other emergency zones, including the location
of fire hydrants.
(17)
Location and design of all utilities, including electrical,
gas and solar energy, telephone and cable television.
(18)
Location, size, design and type of construction of all proposed
signs.
(19)
Location and proposed development of all buffer areas, including
existing vegetative cover.
(20)
Location and design of outdoor lighting facilities and means
of illumination showing lighting levels achieved over the entire site.
(21)
Identification of the location and amount of building area proposed
for each intended use, including storage and common areas.
(22)
General landscaping plan and planting schedule and landscaping
maintenance program description.
(23)
An estimated project construction schedule and the total estimated
project cost.
(24)
Identification of federal, state, county or town permits required
for the execution of the project and the status thereof.
(25)
Other elements integral to the proposed development as considered
necessary by the Board of Trustees, including but not limited to traffic
studies, material samples, elevations and one block model to scale
covering a three-hundred-foot radius from the site.
(26)
Roof plan showing all mechanicals and screening for the roof.
(27)
Maintenance plan for the construction phase of the project.
B.
The Building Inspector shall determine whether the proposed development
meets the requirements of all provisions of this chapter other than
those regarding site plan approval. If the Building Inspector determines
that any variances or special permits are required, the application
shall be rejected pending application to and approval of the Zoning
Board of Appeals or Board of Trustees as required. If the Building
Inspector finds the application to be in order for purposes of preliminary
review, the application shall be submitted to the Board of Trustees
for purposes of preliminary review. The Board of Trustees shall determine
whether the application is complete. If the application is not complete,
the Board of Trustees shall notify the applicant of the additional
information required.
[Amended 6-17-2014 by L.L. No. 8-2014]
The Board of Trustees review of a site plan shall include but
shall not be limited to the following considerations:
A.
Adequacy and arrangement of vehicular traffic access and circulation,
including intersections, road widths, channelization structures and
traffic controls.
B.
Adequacy and arrangement of pedestrian traffic access and circulation,
including separation of pedestrian from vehicular traffic, walkway
structures, control of intersections with vehicular traffic and pedestrian
convenience, including handicapped access.
C.
Location, arrangement, appearance and sufficiency of off-street parking
spaces and loading areas.
D.
Location, arrangement, size, design and general compatibility of
buildings, uses, lighting and signs with other buildings and uses
on and in the neighborhood of the site.
E.
Adequacy of architectural and plant screening and buffer areas, including
the adequacy, type and arrangement of plant materials (to include
trees, shrubs and other landscaping) constituting a visual-screening
and noise-deterring buffer between the proposed use and adjoining
uses or properties and the manner in which new and existing plant
material will contribute to the stated purpose and development of
the buffer.
F.
In the case of an apartment house or multiple dwelling, the adequacy
of usable open space for playgrounds and informal recreation.
G.
Adequacy of stormwater and sanitary waste disposal facilities and
adequacy of water supply facilities.
H.
Protection of existing natural and landscaping features.
I.
Protection of adjacent properties against noise, glare, unsightliness
or other objectionable features.
J.
Overall impact on the neighborhood, including compatibility of design
considerations.
K.
Conformance with the current Village Comprehensive Plan.
L.
Adequacy of overall plan in minimizing harmful effects upon the environment
and the plan's compliance with SEQRA.
M.
That the location and size of the use, the nature and intensity of
the operations involved in or conducted in connection with it, its
site layout and its relation to streets giving access to it will not
be hazardous or inconvenient to the residential character of the neighborhood
or conflict with the normal traffic on the residential streets.
N.
That the proposed use, site layout, location, heights, signs, walls,
fences and landscaping will not hinder or discourage the appropriate
use and development of adjacent uses or impair the value thereof.
O.
That the proposed use, site layout, location, size or operation will
not be objectionable to nearby dwellings by reason of noise, lights
or other factors of impact.
P.
That the proposed use, location, size, site layout and nature of
use will be a harmonious part of the district in which it is to be
situated.
[Amended 6-17-2014 by L.L. No. 8-2014]
A.
Time frames for approval or disapproval.
(1)
Within 90 days of the date of determination of a completed application by the Board of Trustees, the Board of Trustees shall approve, approve with modifications or disapprove the site plan, except that where a public hearing is deemed necessary pursuant to § 470-64, the decision on the site plan shall be made within 90 days after the public hearing.
(2)
The time period in which the Board of Trustees must render its decision
may be extended by the Board of Trustees for an additional ninety-day
period.
(3)
The failure of the Board of Trustees or any reviewing agency to make
a determination within any formal time period shall be deemed a disapproval,
or recommendation of disapproval, of the application.
B.
In the event that the Board of Trustees determines that a site plan
involves a need for a variance or special permit, the application
shall be deferred by the Board of Trustees so that the applicant may
make application to the Board of Appeals. Where the Board of Trustees
has deferred site plan approval on these grounds, the Board of Trustees
shall convey any information or documents which it deems appropriate
to the Board of Appeals with respect to the variance or special permit
requested, and the Board of Trustees may convey any opinions or recommendations
which it may have with respect to the application. If the Board of
Appeals grants the variance or special permit, the applicant may resume
the process to obtain site plan approval. The special permit application
may be consolidated or combined with final site plan review by the
Board of Trustees.
[Amended 6-17-2014 by L.L. No. 8-2014]
The Board of Trustees may conduct a public hearing on the site
plan if a majority of the members deem that such a hearing is in the
public interest. The applicant shall provide evidence at the hearing
that all record landowners within a three-hundred-foot radius of the
proposed project, as said record owners appear on the most current
tax rolls of the Nassau County Assessor's office, were notified by
mail not less than 15 days before the public hearing. No hearing before
any other board shall diminish the authority of the Board of Trustees
to conduct a public hearing.
[Amended 6-17-2014 by L.L. No. 8-2014]
No building permit shall be issued pursuant to the provisions
of this article until all expenses incurred by the Board of Trustees
for consultation fees (including but not limited to engineering, architectural
and legal) or other expenses which at the sole discretion of the Board
of Trustees are necessary in connection with the review of a site
plan are reimbursed to the Village by the applicant. At the time of
application, and throughout the review process, the applicant shall
deposit with the Village Clerk/Treasurer such amount to cover such
fees and extraordinary expenses as shall be established, from time
to time, by resolution of the Board of Trustees. In instances where
such expenses are minimal, the requirement for reimbursement of expenses
may be waived by resolution of the Board of Trustees.
A.
During the site plan review process, the Board of Trustees may consult
with Village officials, officials of other governments or agencies
and professional consultants.
[Amended 6-17-2014 by L.L. No. 8-2014]
B.
Integration of procedures. Whenever the circumstances of proposed
development require compliance with this article and with any other
local law, ordinance or requirement of the Village, the Board of Trustees
shall attempt to integrate, as appropriate, site plan review as required
by this article with the procedural and submission requirements for
such other compliance.
[Amended 6-17-2014 by L.L. No. 8-2014]
C.
State Environmental Quality Review Act (SEQRA).[1] The State Environmental Quality Review Act shall apply
to applications and improvements authorized by this article. The Village
Board of Trustees shall act as lead agency for any action pursuant
to this article. An environmental impact statement shall be required
after the finding of a positive declaration. No final action shall
be taken by the Village Board of Trustees until the provisions of
SEQRA shall be satisfied.
[Amended 6-17-2014 by L.L. No. 8-2014]
[1]
Editor's Note: See Environmental Conservation Law § 8-0101
et seq. and 6 NYCRR 617.
D.
Referral of site plan to Nassau County Planning Commission. Where
required by the General Municipal Law, the site plan application shall
be forwarded to the Nassau County Planning Commission for its review.
No final action shall be taken by the Village Board of Trustees until
the Nassau County Planning Commission has issued its report.
E.
When an
application for site plan review involves property that is within
500 feet of an adjacent municipality, as defined in § 239-nn
of the General Municipal Law, the Board of Trustees shall give notice
to the adjacent municipality by mail or electronic transmission to
the clerk of the adjacent municipality at least 10 days prior to any
hearing. Such adjacent municipality may appear and be heard.
[Added 9-21-2010 by L.L. No. 1-2010; amended 6-17-2014 by L.L. No.
8-2014]
[Amended 6-17-2014 by L.L. No. 8-2014]
A.
Waivers.
(1)
Where the Board of Trustees finds that extraordinary and unnecessary
hardships may result from strict compliance with this article, it
may vary or waive the provisions hereof so that substantial justice
may be done and the public interest may be secured. Such waiver shall
not have the effect of nullifying the intent and purpose of the current
Village Comprehensive Plan or any of the other requirements of this
article. At the time of such waiver, the Board of Trustees shall make
findings, to be recorded in the official minutes of the Board of Trustees,
outlining the reasons for such waiver.
(2)
In cases of hardship, an applicant may apply directly to the Board
of Trustees for a waiver of the provisions hereof, which waiver may
be granted at a public hearing called for that purpose.
B.
Further regulations. The Board of Trustees may adopt such rules and
regulations, not in contravention of this article, as it deems necessary
to carry out the provisions of this article.
In connection with its site plan review, the Board of Trustees
may require a performance bond in an amount it shall determine to
insure that upon completion of the project all the public improvements
shown on the site plan are completed and furthermore to ensure that,
in the event that the project is abandoned, the project is either
completed or the site is restored to its condition prior to the commencement
of the project. The project shall be deemed abandoned if no substantial
construction is performed on the site for a period of one year and
the site plan approval has expired. The Board of Trustees may also
require documentary demonstration to its satisfaction of the financial
responsibility of the applicant to complete the project.
Site plan approval shall automatically terminate one year after
the same is granted by the Village Board of Trustees unless a building
permit has been issued and there is physical evidence to demonstrate
that substantial construction has taken place and is continuing. Upon
application to the Village Board of Trustees, the site plan approval
may be extended for additional one-year periods upon a showing that
the conditions existing at the time of the approval have not changed
and that substantial steps to commence the project have been lawfully
undertaken.
The applicant shall be required to pay the fees as set forth in the schedule of fees in § 470-115.
