[HISTORY: Adopted by the Board of Trustees of the Village of Belle Terre 9-16-2009 by L.L. No. 1-2009.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Coastal erosion hazard areas — See Ch. 63.
Excavations — See Ch. 70.
Fire prevention and building construction — See Ch. 78.
Flood damage prevention — See Ch. 86.
Land clearing, tree preservation and grading — See Ch. 99.
Zoning — See Ch. 170.
[1]
Editor's Note: This local law was originally designated to be added as Chapter 98 but was renumbered to maintain the alphabetical organization of the Code.
This chapter shall be known and cited as the "Village of Belle Terre Site Plan Review Law."
A. 
The Board of Trustees of the Incorporated Village of Belle Terre (hereinafter the "Board of Trustees") hereby finds that the proper and desirable development of residential lots must consider the retention of native trees, shrubs, flora, fauna and ground cover, the preservation of animal habitat, preservation of the vegetated character of views along roadways, protection of slopes, strict compliance with drainage regulations in order to prevent pollution and to recharge aquifers, and the use of imaginative ways to create a balance between reasonable enjoyment and improvement of land and the preservation of dwindling natural resources in the Village. In order to achieve the aforesaid goals and to otherwise promote the health, safety, general welfare, comfort and convenience of the Village and its residents, site plans for land use, development and construction activities proposed within the Village shall be subject to Village Planning Board review. It is for these reasons that the Board of Trustees hereby grants additional authority to the Planning Board to review site plans as permitted by § 7-725-a of Village Law.
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, demolition, 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 appropriate standards in its review of all site plans for compliance with certain site plan elements designed to achieve the goals set forth in § 125-2A.
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 imposed conditions must be met before the issuance of permits by applicable enforcement agencies or officials of the Village. The Planning Board may require bonds to ensure that such conditions are met.
A. 
In situations in which the Planning Board has retained site plan approval authority with respect to development or demolition on residential lots and in other situations involving construction on a new foundation, the provisions of this chapter shall apply, and all demolitions, proposed buildings and proposed structures on such lots shall require site plan approval in accordance with this chapter. In situations where construction is proposed on a new foundation replacing an existing foundation on the same footprint, if said construction affects 50% or more of the existing gross square footage of the structures on a residential lot; or causes disturbance to the site, including, but not limited to the removal of any vegetation, plantings or grass, of an area of 500 square feet or greater, the provisions of this chapter shall also apply, and all proposed buildings and proposed structures on such lots shall require site plan approval in accordance with this chapter.
[Amended 12-20-2022 by L.L. No. 5-2022]
B. 
No building or demolition permit for a building or structure subject to site plan review shall be issued by the Building Inspector except upon authorization of and in conformity with a site plan approved by the Planning Board.
[Amended 9-17-2019 by L.L. No. 5-2019]
A. 
Applications for site plan approval must be submitted to the Village Clerk and the Chairman of the Planning Board. Such site plan application shall be promptly referred to the Building Inspector for review, including review for the need of any building or demolition permit. Such review should be completed within 20 days. If the Building Inspector determines that any variances or changes are necessary he shall advise the applicant. A hearing before the Planning Board may not be scheduled until at least 30 days after all necessary changes are made and variances obtained and the Building Inspector deems the application complete. Approval of a variance does not guarantee approval by the Planning Board. Applicans will be required to attend one or more Planning Board work sessions before any public hearing will be scheduled. The application shall include 10 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 Inspector.
(2) 
Site survey, showing all existing structures, prepared, signed and sealed by a licensed land surveyor.
(3) 
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, 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 Suffolk County Land and Tax Map and the title of the project. If the applicant or property owner is a corporation, the name and address 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) 
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.
(f) 
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.
(g) 
Location of existing structures on the site. The plan shall contain a notation indicating any structures that are to be removed.
(h) 
All distances, as measured along the right-of-way lines of existing streets abutting the property, to the nearest intersection with any other street.
(i) 
Location plans and elevations of all proposed structures.
(j) 
Location of all existing and proposed driveways, walkways and impervious surfaces located on the property.
(k) 
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.
(l) 
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 dashed lines.
(m) 
Existing elevations of the road or right-of-way contiguous to the site.
(n) 
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.
(o) 
All proposed streets, with profiles indicating grading and cross sections showing width of roadway, location and width of sidewalk, if any, and location and size of utility lines.
(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 water lines, valves and hydrants and all sanitary lines or alternative means of water supply or sewage disposal and treatment.
(r) 
The proposed stormwater drainage system.
(s) 
Structural elevation calculations.
(t) 
Zoning calculations.
(u) 
Delineation of tidal and freshwater wetland areas as designated by the New York State Department of Environmental Conservation.
(4) 
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, rock 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 three inches measured at a point six feet above ground level, and indicating those to be preserved and those to be removed.
(d) 
Location of all trees, shrubs and/or other vegetation, identified by size, height and type or species, which are to be provided.
(e) 
A separate list of all trees and shrubs, identified by size, height and type of species, that are to be removed and/or to be provided.
(5) 
Photographs (two sets only) of existing structures on the property and surrounding landscaping/screening.
(6) 
Environmental assessment form completed and signed by the applicant.
(7) 
Original building and demolition permit application which was reviewed by the Building Inspector.
(8) 
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.
(9) 
Section, block and lot numbers of said property, as shown on the current tax roll of the Village.
(10) 
Certificate of title and deeds(s) for the existing lot(s).
(11) 
Approval from the Suffolk County Department of Health Services for sanitary waste disposal and water supply, and letter from the Suffolk County Water Authority regarding availably of water to the site (for structures only).
(12) 
All appropriate permit fees, charges, and deposits required by the Village pursuant to Chapter A175, Fees.
(13) 
Any other information found by the Planning Board or Building Inspector to be necessary to reasonably determine compliance of the site plan with this chapter and Village Law § 7-725-a.
(14) 
A stormwater pollution prevention plan.
(15) 
Building Inspector Memorandum of Review.
B. 
The Building Inspector way waive any of the above requirements he or she determines to be unnecessary for the appropriate review of a particular application, but such waiver shall not be binding upon the Planning Board unless ratified by a majority thereof.
A. 
In reviewing any application for site plan approval, the Planning Board shall be guided, as appropriate, by the following general and specific considerations:
(1) 
The location, arrangement, size, design and general site compatibility of buildings and structures.
(2) 
The adequacy and arrangement of vehicular access. 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 of stormwater 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, to the maximum extent practicable.
(4) 
The adequacy of water supply and sewage disposal facilities.
(5) 
The adequacy, type and arrangement of trees, shrubs and other landscaping and natural screening constituting a visual and/or noise buffer between the applicant's and adjoining lands and development on the property and the public roadway(s), including the maximum feasible retention of existing vegetation.
(6) 
The adequacy of fire lanes and other emergency zones and the provision of fire hydrants.
(7) 
Protection of adjacent or neighboring properties against noise, glare, unsightliness and nuisances.
(8) 
The overall impact of the proposed development on the neighborhood and surrounding uses.
In connection with its review of any site plan under this Site Plan Review Law, the Planning Board, in its discretion, may refer any site plan application to planning, environmental and/or engineering consultants for their review, comment and recommendations. The applicant shall be responsible for such consultants' fees in accordance with Ch. A175, Fees.
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 found to be complete by the Planning Board.
The applicant shall mail (certified mail, return receipt requested to Village Office) notice of the public hearing to the owners of all properties within 500 feet of the subject property at least 10 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 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 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 inappropriate to a particular site plan.
The Planning Board may, consistent with this chapter, adopt such further rules and regulations, after public hearing, as it deems reasonably necessary to carry out the provisions of this chapter.
Applications subject to the Village of Belle Terre Site Plan Review Ordinance shall receive a decision from the Planning Board prior to seeking any necessary variance from the Board of Appeals. Where a proposed site plan contains one or more features that do not comply with the bulk and area requirements of the Village Building Zone Ordinance,[1] applications may be made directly to the Board of Appeals for an area variance based on plans which the Board deems to be adequate for the purposes of the application without first obtaining a final decision or determination by the Building Inspector.
[1]
Editor's Note: See Ch. 170, Zoning.
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. 
The Planning Board shall review and act upon an application for an amendment to an approved site plan in the same manner as the review of an original site plan.
C. 
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 demolition, construction, reconstruction, alterations, additions and improvements shall comply with all other applicable ordinances, local laws, rules and regulations of the Village and any other governmental entity.
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 part or assists in any such violation or who maintains any building or premises in which such violation shall exist, shall be liable for a fine not exceeding $350 or imprisonment for a period not to exceed six months, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine of not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine of not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both. 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 Building Inspector, which amount shall be sufficient to ensure that all improvements and landscaping, as shown on the approved site plan, shall be completed and to ensure against damage to the infrastructure, including public and private properties, roads and drainage structures.
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 Building Inspector shall be submitted, which amount shall be sufficient to ensure that all required public improvements shall be completed.
C. 
Any bond, irrevocable letter of credit or cash deposit agreement required to be posted in connection with a site plan approval shall be in a form and substance acceptable to the Village Attorney.
D. 
No performance bond or irrevocable letter of credit or cash deposit agreement shall be accepted by the Village Clerk unless approved as to form and substance by the Village Attorney.
[Amended 9-17-2019 by L.L. No. 5-2019]
Site plan approval shall automatically terminate and expire one year after the resolution granting approval is filed in the office of the Village Clerk unless a building permit has been issued thereon. Extensions can be granted for a period of one additional year without further Planning Board review. No building permit shall be issued or renewed for a project where more than two years have elapsed since the site plan approval. In such instance, the applicant must reapply for site plan approval using the process outlined in § 125-5.
This chapter shall take effect immediately upon filing with the office of the Secretary of State.