[HISTORY: Adopted by the Board of Trustees of the Village of Nissequogue 12-17-2002 by L.L. No. 4-2002. Amendments noted where applicable.]
Integrated coastal area review — See Ch. 20.
Beaches, dunes and bluffs — See Ch. 48.
Coastal consistency review — See Ch. 53.
Environmental quality review — See Ch. 62.
Erosion protection structures — See Ch. 64.
Excavations — See Ch. 66.
Flood damage prevention — See Ch. 71.
Freshwater wetlands — See Ch. 75.
Parks, beaches and conservation areas — See Ch. 87.
Reimbursement of professional consultants — See Ch. 91.
Stormwater runoff — See Ch. 94.
Subdivision of land — See Ch. 101.
Trees — See Ch. 111.
Zoning — See Ch. 128.
This chapter shall be known as the "Village of Nissequogue Site Plan Review Law."
The Board of Trustees of the Village of Nissequogue finds that in order to ensure that future land use, development and construction activities within 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 Planning Board review.
It is 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, 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 related to parking, means of access, traffic, screening, lighting, signs, landscaping, location and dimension 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.
The Planning Board is 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. 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 or certificates of occupancy by applicable enforcement agencies or officials of the Village.
The following proposed buildings and structures shall require site plan approval in accordance with this chapter, and it shall be prohibited for any person to erect any such buildings or structures without such approval:
Relocation of an existing driveway or construction of a new driveway;
Expansion of structures over 200 square feet;
Creation of ponds, tennis courts, stables, paddocks, entranceways, sheds in excess of 300 square feet, gazebos, beach stairs, retaining walls, garages and decks in excess of 200 square feet;
Restoration of landscaping in buffer zone.
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.
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 eight copies of each of the following items, to be submitted in separate and complete sets:
Application form for site plan review, in form and substance satisfactory to the Building Department.
Site plan survey, showing all existing and proposed structures or construction, prepared, signed and sealed by a licensed land surveyor.
Landscaping and topographical plans, when required by the Planning Board.
Environmental assessment form completed and signed by the applicant.
Original building permit application which was reviewed by the Building Department.
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.
List of the names of all owners of property contiguous to the subject premises and, if the subject premises are 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.
All appropriate permit fees, charges and deposits required by the Village pursuant to the Village Code.
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.
All applications for site plan review shall be accompanied by an application fee, the amount to be established by resolution of the Board of Trustees. Such fee shall be made payable to the Village. A current schedule of fees shall be maintained by the Village Clerk.
The Planning Board shall undertake site plan review upon a referral from the Building Inspector, who shall affirm that he has otherwise approved the plans and specifications and confirmed compliance with all other Village Code provisions.
In reviewing any application for site plan approval, the Planning Board shall be guided, as appropriate, by the following general and specific considerations:
The location, arrangement, size, design and general site compatibility of buildings and structures.
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.
The adequacy and arrangement of off-street parking, loading and outdoor storage.
The adequacy and arrangement of pedestrian traffic access and circulation.
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.
The adequacy of water supply and sewage disposal facilities.
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, including the maximum feasible retention of existing vegetation.
The adequacy of fire lanes and other emergency zones and the provision of fire hydrants.
Protection of adjacent or neighboring properties against noise, glare, unsightliness and nuisances.
The overall impact of the proposed development on the neighborhood and surrounding uses.
The Planning Board shall not approve a site plan application if it determines that the building or structure, if constructed, erected, reconstructed or altered in accordance with the submitted plan, will result in any of the following:
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;
Mar the appearance of the area;
Impair the use, enjoyment and desirability and reduce the value of properties in the area;
Be detrimental to the character of the neighborhood;
Prevent the most appropriate development and utilization of the site or of adjacent land; or
Adversely affect the functioning, economic stability, prosperity, health, safety and general welfare of the entire community.
The Planning Board shall render a decision on each site plan application within 62 days after the review procedure is closed.
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.
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 shall 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 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.
Where a proposed site plan contains one or more features which do not comply with the area requirements of the Village Zoning Ordinance, 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 Department.
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.
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.
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 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 as established on a schedule to be adopted from time to time by the Board of Trustees 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 as established on a schedule to be adopted from time to time by the Board of Trustees or imprisonment for a period not to exceed six months, or both; and upon conviction of a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine as established on a schedule to be adopted from time to time by the Board of Trustees 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.
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 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 roads and drainage structures.
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 shall be submitted, which amount shall be sufficient to ensure that all required public improvements shall be completed.
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.
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.
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.
This chapter shall take effect immediately upon filing with the office of the Secretary of State.