[HISTORY: Adopted by the Board of Trustees of the Incorporated Village of Bellerose 9-28-2009 by L.L. No. 2-2009. Amendments noted where applicable.]
Architectural Review Committee — See Ch. 6.
Building construction — See Ch. 68.
Fire prevention — See Ch. 107.
Flood damage prevention — See Ch. 140.
Stormwater management — See Ch. 183.
Zoning — See Ch. 210.
Architectural Review Committee rules and regulations — See Ch. A215.
Editor's Note: This local law was adopted as Ch. 4 but was renumbered to maintain the alphabetical organization of the Code.
The Board of Trustees finds that reasonable supervision and control over the layout and design of properties in the Apartment/Business District is necessary to provide for community health, safety and welfare. While a designated use may be appropriate for a certain zoning district or even a particular parcel, control over layout and design of the site must be effected in order to integrate the site into the surrounding community and to obviate, or at least substantially mitigate, negative effects a particular developmental proposal could or would engender. Further, the regulations provided in Chapter 210, Zoning, do not provide the type of site-specific review necessary to assure those ends. Accordingly, the Board of Trustees finds that, in the circumstances set forth below, proposals for site development or redevelopment must be reviewed and approved prior to the issuance of any building permit or certificate of occupancy respecting such development or redevelopment.
As used in this chapter, the following terms shall have the meanings indicated:
- SITE PLAN
- A rendering, drawing or sketch prepared to all relevant specifications and containing necessary elements, as set forth in this chapter, which shows the arrangement, layout and design of the proposed use of a single parcel of land as shown on said plan. This chapter shall apply in the case of any proposal which contemplates the use of a particular parcel in conjunction or interrelation with one or more other parcels. In such circumstances the term "single parcel" as stated above shall be deemed to respect all of the properties involved.
The Board of Trustees shall make rules and guidelines and shall promulgate forms as to the consideration and filing of site plan applications, as it may deem appropriate.
Upon the filing of an application with the Board of Trustees requiring site plan approval, the date, time, and place for a public hearing thereon shall be fixed by the Board with notice as follows:
By publishing a notice thereof once a week for two weeks in the official newspaper of the Village.
By posting a notice thereof in a conspicuous place at the Village Hall on or before the date of first publication.
By mailing a notice thereof to the owners of all property within 200 feet of the subject premises, at least 10 days prior to the date of the public hearing, by certified mail, return receipt requested; proof of such mailing must be submitted to the Village Clerk prior to the hearing.
By requiring the applicant to erect a white-with-red-lettering sign or signs measuring 24 inches high and 36 inches wide which shall be prominently displayed 10 feet from the sidewalk line on the premises facing each public street on which the property abuts, giving notice of an application for site plan review or construction of a multiple residence, including the date, time and place where the public hearing will be held. It shall be displayed for a period of not less than 10 days immediately preceding the public hearing. The applicant shall file an affidavit that s/he has complied with the provisions of this section.
The notice required by § 45-4 shall state the date, time and place of the hearing, the location of the building or lot(s), the general nature of the hearing, and a description of the project.
Upon the filing of any application with the Board of Trustees, there shall be paid to the Village Clerk for the account of the Village such fees as shall be established by the Village Board upon a duly adopted resolution.
The fees otherwise established by the Board of Trustees for applications shall be doubled for any application filed after the construction of the use which is the subject of said application has been commenced.
The power to approve, as granted herein, shall also include the power to impose reasonable stipulations upon the applicant and to modify and approve or disapprove such application in furtherance of the police power as set forth in § 45-8. The power to review shall include the power to recommend to the applicant, and to the Zoning Board of Appeals in cases where a special exception or variance is required by this Code, measures safeguarding the health, safety and general welfare of the Village. It shall also include the power to rescind an approval previously granted for violation of any stipulation imposed in connection therewith. Such rescission shall only take place by majority vote of the Board at a public hearing after written notice of at least 10 days to the applicant or his successor in interest and a determination that one or more stipulations have been violated and, as a result, the public heath, safety or welfare has been adversely affected.
On all applications for site plan review, the Board of Trustees shall consider the following factors in making its determination: The approval given, or the recommendation made, is in harmony with the general purpose and intent of the Code and in accordance with the comprehensive plan set forth in the Code to lessen congestion in the streets and upon land, to mitigate the impact of such development on adjacent lands, to secure safety from fire and other dangers, to provide adequate light and air, to avoid undue concentration of population or activities, to facilitate the adequate provision of transportation, water, sewage treatment, garbage disposal, lighting, drainage, parks and other public requirements, to ensure the orderly development of land consistent with the usage and architecture of structures, to provide adequate and safe access, egress, parking and traffic flow in the surrounding area, to conserve the value of buildings and land and to encourage the most appropriate use of land throughout the Village.
No parcel or part thereof may be the subject of an application for site plan approval within one year after the Board of Trustees has held a public hearing on an application for approval, unless such application shall be substantially different from the previous application, except upon a motion adopted by a majority of the members of the Board of Trustees.
Where an approved site plan or the approval of modifications to an existing site plan is required pursuant to this chapter, no building permit, plumbing permit, sign permit or certificate of occupancy may be issued until such time as the site plan approval or approval of site plan modification is issued.
Any site plan approval or approval of site plan modification issued pursuant to the provisions of this chapter shall become null, void and of no further effect unless, within 180 days after filing thereof; a building permit for the construction upon that approved site shall actually have been obtained.
However, in such instance where an approved site plan requires area or use variance relief or special permission issued by the Zoning Board of Appeals or the Board of Trustees, the period of 180 days shall not begin to run until such Board shall file its determination on an application respecting such relief.
The Board of Trustees is hereby authorized to review, approve, disapprove, approve with modifications and approve with conditions site plans and modifications to existing site plans as required by this chapter.
An approved site plan shall require that a public hearing be held for the following when such concerns commercial or multiple-residence development:
Any application for a building permit or certificate of occupancy where there is an increase in building area or floor area of 10% or more.
Any application for a building permit or certificate of occupancy which proposes the use of parking facilities located on any other parcel, whether adjacent or not.
Any substantial reconfiguration of a site or approved site plan even if no structure or dwelling is to be erected thereon.
New commercial or multiple-residence development.
Any application for a building permit or certificate of occupancy which receives a positive declaration pursuant to applicable environmental quality review statutes and regulations by another involved agency.
Any change of use which increases on-site parking requirements by 10% or more.
Any application respecting the outside storage of material, whether or not offered for retail or wholesale sales.
Any application for a building permit or certificate of occupancy which seeks to erect freestanding lighting within 100 feet of any residentially zoned or developed property.
Any application where such property adjoins property residentially developed or residentially zoned.
The Board of Trustees shall have the authority to impose and later modify such reasonable conditions and/or restrictions as are directly related to and/or incidental to a proposed site plan, the reasonably anticipated uses thereof and/or reasonably anticipated community development. Such conditions and/or restrictions may be imposed as covenants and restrictions.
In reviewing site plans, consideration shall be given to the public health, safety and welfare and to the comfort and convenience of the public in general, of the residents of the community at large and of the immediate neighborhood in particular.
In reviewing site plan applications, the Board of Trustees shall give consideration to the following factors, among others:
That all proposed vehicular and pedestrian accessways, entrances and exits are adequate in width, grade, alignment and visibility; are not located too near street corners or other places of public assembly; and other similar design and safety considerations.
That adequate off-street parking and loading spaces are provided to prevent parking in public streets of vehicles of any persons connected with or visiting the site and that the interior vehicular and pedestrian circulation system is adequate to provide safe and reasonably viable accessibility to all required off-street parking lots, loading bays and building services.
That sites are reasonably screened from the view of adjacent and/or nearby residentially zoned or developed parcels and residential streets and that the general landscaping and general character of the site is such as to enhance the character of the Village and local community.
A landscape plan can accompany the site plan, and a planted buffer of no less than seven feet shall be installed along residentially developed or residentially zoned parcels.
That all existing trees over four inches in diameter, measured three feet above the base of the trunk, shall be retained to the maximum extent possible. The Board of Trustees may require an applicant to submit a plan showing all such trees and all existing vegetation. No land clearing shall be conducted except pursuant to the approved site plan and not until the site plan approval has been filed.
That all plazas and other paved areas intended for use by pedestrians shall, to the extent reasonably practical, employ decorative pavements and/or shall use plant materials so as to prevent the creation of vast expanses of pavement.
That all outdoor lighting is of such nature and design and arranged so as to preclude the diffusion of glare onto adjoining properties and streets.
That the drainage system and layout proposal will afford an adequate solution to any reasonably anticipated drainage problems.
That plans for internal water and sewer systems are adequate.
That the site plan is in conformance with the proposed and reasonably anticipated uses of the parcel pursuant to Chapter 210, Zoning.
That the refuse containment and disposal facilities are adequate for the site and do not intrude upon adjacent property, streets or other public ways or individuals visiting or working on the site; all such facilities shall contain a concrete floor and shall be enclosed by a six-foot-high fence of appropriate material with self-closing and self-latching gates. The Board shall have the authority to approve alternative enclosures that it finds to be more appropriate.
That the general health, safety and welfare of the Village and the local community are not negatively affected by the proposed site plan.
That the proposed site plan will provide development in harmony with and will have a positive influence upon the community.
No application for site plan review shall be deemed complete for submission unless it is first reviewed and cleared by the Village Building Department. The Building Department shall review each such application within 15 days of delivery of the same to the Building Department. If the application is found to be incomplete, the applicant will then be so notified.
If an application is still incomplete 60 days after notice from the Building Department, the application shall be deemed abandoned and the application fee will be forfeited. The Board of Trustees may, however, grant extensions of the sixty-day time frame.
Upon acceptance of a complete application, which shall include eight copies of the proposed site plan and all required information, a post-submission conference shall be scheduled with the Building Inspector to discuss and review the site plan submitted so that the applicant may proceed with a clear understanding of the Village's requirements in matters relating to the development of the site, including the provisions of this chapter and Chapter 210, Zoning.
If a public hearing is not required, the Board of Trustees shall render a decision on the application within 62 days of the first meeting of the Board occurring after the final site plan has been filed.
If a hearing is held with regard to the application, the Board of Trustees shall render from its decision within 62 days form the conclusion of that hearing, subject to the extension on consent.
The applicant shall cause a site plan to be prepared by a New York State duly licensed architect, civil engineer or surveyor. The site plan shall include those of the elements listed herein which are appropriate to the proposed development and any additional information required by the Board of Trustees.
The applicant shall provide the following information:
The name and address of the owner of record and owners of adjoining parcels.
A copy of the existing deed(s) and any easements or covenants and restrictions applying to the property and site plan.
Whether the applicant is relying upon an easement or right-of-way for access and the consent of the owner upon which said easement is situate.
The site plan shall include:
The location of existing and proposed buildings and/or structural improvements.
The location and design of all uses not requiring structures, such as off-street parking and loading areas and areas designated for outside storage.
The location, height, direction, power and time of operation for any proposed outdoor lighting.
The location of any exterior signs and a rendering thereof.
The location, arrangement and proposed means of access and egress, including sidewalks, driveways or other paved areas; profiles indicating grading and cross sections showing width of roadway, location and width of sidewalks and location and size of water and sewer lines. Proposed pedestrian connections to public parking lots should also be shown.
Proposed screening, buffer, walls, fences and other landscaping, including a landscape plan, schedule of plantings and underground irrigation system.
The location and connection to facilities of all proposed waterlines, valves and hydrants and all drainage and sewer lines or alternate means of water supply and sewage disposal and treatment facilities.
An outline of any proposed easements, deed restrictions or covenants and a notation of any areas to be dedicated to any public agency.
Any proposed new grades, indicating clearly how such grades will meet existing grades of adjacent properties or the street.
Elevations of all existing and proposed principal and accessory structures.
If the site plan indicates only a first stage, a supplementary plan indicating the ultimate site development and all phases of interim development.
The location of any buildings, structures and vehicular and/or pedestrian entrances and exits within 50 feet of the subject property.
The zoning classification of all properties within 50 feet of the subject property.
Any other information required by the Board of Trustees.
The applicant shall provide a letter from a New York State duly licensed architect or engineer certifying that all construction, improvements and work have been completed in accordance with the approved site plan; Chapter 210, Zoning; the New York State Fire Prevention and Building Construction Code; the local laws of Bellerose, as well as all other relevant laws, rules and regulations. Such letter shall be a requirement for the issuance of a certificate of occupancy.
The Board of Trustees may seek an advisory opinion from the Zoning Board of Appeals and Architectural Review Committee for examination and comment on any site plan or developmental proposal when it finds that such review and comment would be helpful in its review of any application within its jurisdiction.
[Amended 1-23-2012 by L.L. No. 1-2012]
If the Board of Trustees shall determine that a site plan application is not valid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section, word or part thereof directly involved in the controversy in which such judgment shall have been rendered.
If any portion of this chapter is found to be in conflict with any other provision of any other local law or ordinance of the Code of the Village of Bellerose, the provision which establishes the higher standard shall prevail.
Any person aggrieved by a decision of the Board of Trustees herein may apply to the Supreme Court for review by a proceeding under Civil Practice Law and Rules Article 78.