[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.]
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.
A.
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:
(1)
New homes;
(2)
Swimming pools;
(3)
Relocation of an existing driveway or construction of a new driveway;
(4)
Berms;
(5)
Expansion of structures over 200 square feet;
(6)
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;
(7)
Restoration of landscaping in buffer zone.
(8)
Construction,
reconstruction or modification of erosion protection structures.
[Added 11-19-2019 by L.L. No. 3-2019]
B.
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:
A.
Application form for site plan review, in form and substance satisfactory
to the Building Department.
B.
Site plan survey, showing all existing and proposed structures or
construction, prepared, signed and sealed by a licensed land surveyor.
C.
Landscaping and topographical plans, when required by the Planning
Board.
D.
Environmental assessment form completed and signed by the applicant.
E.
Original building permit application which was reviewed by the Building
Department.
F.
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.
G.
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.
H.
All appropriate permit fees, charges and deposits required by the
Village pursuant to the Village Code.
I.
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.
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.
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 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.
(3)
The adequacy and arrangement of off-street parking, loading and outdoor
storage.
(4)
The adequacy and arrangement of pedestrian traffic access and circulation.
(5)
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.
(6)
The adequacy of water supply and sewage disposal facilities.
(7)
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.
(8)
The adequacy of fire lanes and other emergency zones and the provision
of fire hydrants.
(9)
Protection of adjacent or neighboring properties against noise, glare,
unsightliness and nuisances.
(10)
The overall impact of the proposed development on the neighborhood
and surrounding uses.
B.
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:
(1)
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;
(2)
Mar the appearance of the area;
(3)
Impair the use, enjoyment and desirability and reduce the value of
properties in the area;
(4)
Be detrimental to the character of the neighborhood;
(5)
Prevent the most appropriate development and utilization of the site
or of adjacent land; or
(6)
Adversely affect the functioning, economic stability, prosperity,
health, safety and general welfare of the entire community.
A.
The Planning Board shall render a decision on each site plan application
within 62 days after 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 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,[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 Department.
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 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.
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 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.
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 Village Engineer 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.
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.
