[HISTORY: Adopted by the Board of Trustees of the Incorporated
Village of Bellerose 9-28-2009 by L.L. No. 2-2009.[1] Amendments noted where applicable.]
GENERAL REFERENCES
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.
[1]
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:
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:
A.
By publishing a notice thereof once a week for two weeks in the official
newspaper of the Village.
B.
By posting a notice thereof in a conspicuous place at the Village
Hall on or before the date of first publication.
C.
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.
D.
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.
A.
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.
B.
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[1] 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.
A.
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.
B.
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.
A.
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.
B.
An approved site plan shall require that a public hearing be held
for the following when such concerns commercial or multiple-residence
development:
(1)
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.
(2)
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.
(3)
Any substantial reconfiguration of a site or approved site plan even
if no structure or dwelling is to be erected thereon.
(4)
New commercial or multiple-residence development.
(5)
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.
(6)
Any change of use which increases on-site parking requirements by
10% or more.
(7)
Any application respecting the outside storage of material, whether
or not offered for retail or wholesale sales.
(8)
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.
(9)
Any application where such property adjoins property residentially
developed or residentially zoned.
[Added 2-28-2022 by L.L. No. 1-2022]
A.
There shall be paid to the Village a sum to be determined by the
Board of Trustees by duly adopted resolution for each lot created
by the approval of each subdivision application or approval for each
residential unit authorized in a decision granted by the Board of
Trustees on an application for site plan approval involving the construction
of a two-family dwelling, multiple dwelling, a mixed-use dwelling,
a professional mixed-use dwelling, a cooperative apartment or condominium
complex. The payment of said recreation fee shall be a condition to
such approval. The fees collected pursuant to this section shall constitute
a trust fund to be used by the Board of Trustees exclusively for neighborhood
park, playground or recreation purposes, including the acquisition
of land, which will serve to primarily, although not exclusively,
benefit the residents of such dwellings.
B.
This section is adopted to conform to the provisions of § 7-730
of the New York State Village Law relevant hereto; however, this section
is also adopted with the clear intent of superseding § 7-725-a
of said New York State Village Law in accordance with the provisions
of the New York State Municipal Home Rule Law, insofar as this law
authorizes the Board of Trustees, sitting as the site plan review
agency, to collect a recreation fee in matters involving site plan
review.
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.
A.
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.
B.
In reviewing site plan applications, the Board of Trustees shall
give consideration to the following factors, among others:
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
(7)
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.
(9)
That the drainage system and layout proposal will afford an adequate
solution to any reasonably anticipated drainage problems.
(10)
That plans for internal water and sewer systems are adequate.
(11)
That the site plan is in conformance with the proposed and reasonably anticipated uses of the parcel pursuant to Chapter 210, Zoning.
(12)
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.
(13)
That the general health, safety and welfare of the Village and
the local community are not negatively affected by the proposed site
plan.
(14)
That the proposed site plan will provide development in harmony
with and will have a positive influence upon the community.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
A.
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.
B.
The applicant shall provide the following information:
(1)
The name and address of the owner of record and owners of adjoining
parcels.
(2)
A copy of the existing deed(s) and any easements or covenants and
restrictions applying to the property and site plan.
(3)
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.
C.
The site plan shall include:
(1)
The location of existing and proposed buildings and/or structural
improvements.
(2)
The location and design of all uses not requiring structures, such
as off-street parking and loading areas and areas designated for outside
storage.
(3)
The location, height, direction, power and time of operation for
any proposed outdoor lighting.
(4)
The location of any exterior signs and a rendering thereof.
(5)
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.
(6)
Proposed screening, buffer, walls, fences and other landscaping,
including a landscape plan, schedule of plantings and underground
irrigation system.
(7)
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.
(8)
An outline of any proposed easements, deed restrictions or covenants
and a notation of any areas to be dedicated to any public agency.
(9)
Any proposed new grades, indicating clearly how such grades will
meet existing grades of adjacent properties or the street.
(10)
Elevations of all existing and proposed principal and accessory
structures.
(11)
If the site plan indicates only a first stage, a supplementary
plan indicating the ultimate site development and all phases of interim
development.
(12)
The location of any buildings, structures and vehicular and/or
pedestrian entrances and exits within 50 feet of the subject property.
(13)
The zoning classification of all properties within 50 feet of
the subject property.
(14)
Any other information required by the Board of Trustees.
D.
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.
A.
The Board of Trustees may seek an advisory opinion from the Zoning
Board of Appeals[1] and Architectural Review Committee[2] 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]
B.
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.
C.
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.
