[Added at time of adoption of Code (see Ch.
1, General Provisions, Art. I)]
A.
The Board of Trustees of the Incorporated Village
of Island Park (hereinafter the "Board of Trustees") hereby finds
that in order to ensure that future land use, development and construction
activities within the Village of Island Park (hereinafter 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 and development proposed within the Village should be subject
to Village Planning Board or Zoning Board review.
B.
It is, therefore, the intent of the Board of Trustees
and the purpose of this article to establish a procedure for site
plan review for new land use and development activities proposed within
the Village consistent with and pursuant to Village Law § 7-725-a,
and to authorize the Planning Board or Zoning 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 relating 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.
A.
Pursuant to Village Law § 7-725-a, the Planning
Board or Zoning 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 article.
B.
Upon approval of a site plan, the Planning Board or
Zoning 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.
A.
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 or Zoning Board.
A.
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 or Zoning Board meeting at which the site plan
is to be considered and, except as otherwise provided herein, shall
include 12 copies of each of the following items, to be submitted
in separate and complete sets:
(1)
An application form for site plan review, in form
and substance satisfactory to the Building Department.
(2)
A site survey, showing all existing structures, prepared,
signed and sealed by a licensed land surveyor.
(3)
A 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, and which shall include the following
information:
(a)
A title block located in the lower righthand
corner of the site plan, which shall include the name and address
of the applicant and record owner of the property, the property's
designation on the Nassau 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 the
North arrow.
(e)
Zoning district boundaries shall be shown on
the site plan as they affect the parcel.
(f)
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.
(g)
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.
(h)
The location of existing structures on the site.
The plan shall contain a notation indicating any structures that are
to be removed.
(i)
All distances, as measured along the right-of-way
lines of existing streets abutting the property, to the nearest intersection
with any other street.
(j)
The location plans and elevations of all proposed
structures.
(k)
The location of all existing and proposed driveways,
walkways and impervious surfaces located on the property.
(l)
The 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.
(m)
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 solid lines; proposed
contours are to be indicated by dashed lines.
(n)
Existing elevations of the road or right-of-way
contiguous to the site.
(o)
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.
(p)
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.
(q)
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.
(r)
All provisions for pedestrian access to the
site and internal pedestrian circulation.
(s)
The location and design of any off-street parking
areas, loading or outdoor storage areas.
(t)
The location of all proposed water lines, valves
and hydrants and all sewer lines or alternative means of water supply
or sewage disposal and treatment.
(u)
The proposed location, direction of illumination,
power and time of proposed outdoor lighting.
(v)
The location, design and type of construction
of all proposed signs.
(w)
The proposed stormwater drainage system.
(x)
Structural elevation calculations.
(y)
Zoning calculations.
(z)
Illustration of all proposed structures as they
relate to sky exposure plane.
(aa)
Delineation of the floodplain zone as shown
on the Flood Insurance Rate Map prepared by the Federal Emergency
Management Agency and adopted by the Village.
(bb)
Delineation of tidal and freshwater wetlands
areas as designated by the New York State Department of Environmental
Conservation.
(4)
A 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 20
inches measured at a point four feet six inches above ground level.
(d)
The location of all trees, shrubs and/or any
vegetation, identified by type or species, which are to be removed.
(e)
The location of all trees, shrubs and/or any
vegetation, identified by type or species, which are to be preserved.
(f)
The location of all trees, shrubs and/or other
vegetation, identified by size, height and type or species, which
are to be provided.
(g)
A separate list of all trees and shrubs identified
by size, height and type or species that are to be removed and/or
to be provided.
(5)
Photographs (two sets only) of existing structures
of the property and surrounding landscaping/screening.
(6)
An environmental assessment form completed and signed
by the applicant.
(7)
The original building permit application which was
reviewed by the Building Department.
(8)
The Building Department's memorandum of review.
(9)
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.
(10)
A radius map and list of the names of all owners
of property within 200 feet of 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.
(11)
The certificate of title and deed(s) for the
existing lot(s).
(12)
A letter from the water district regarding availability
of water to the site (for new structures only).
(13)
All appropriate permit fees, charges and deposits
required by the Village.
(14)
Any other information found by the Planning
Board or Zoning Board or Building Department to be necessary to reasonably
determine compliance of the site plan with this article and Village
Law § 7-725-a.
B.
Stormwater pollution prevention plan: A stormwater pollution prevention plan consistent with the requirements of Chapter 503 shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Chapter 503. The approved site plan shall be consistent with the provisions of Chapter 503.
C.
The Building Department may waive any of the above
requirements it determines to be unnecessary for the appropriate review
of a particular application, but such waiver shall not be binding
upon the Planning Board or Zoning Board.
A.
In reviewing any application for site plan approval,
the Planning Board or Zoning 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, including compatibility
of architectural and design considerations.
B.
The Planning Board or Zoning 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 sizes 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;
(6)
Adversely affect the functioning, economic stability,
prosperity, health, safety and general welfare of the entire community;
or
(7)
Create excessive or hazardous traffic.
In connection with its review of any site plan
under this article, the Planning Board or Zoning Board, in its discretion,
may refer any site plan application to a planner for his review, comment
and recommendations. The applicant shall be responsible for the planner's
fees.
A.
The Planning
Board or Zoning 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 or Zoning
Board.
B.
The applicant
shall mail notice (by registered mail) of the public hearing to the
owners of all properties contiguous to the subject premises and, if
the subject premises are adjacent to a private road, to the owners
of all other properties adjacent to the private road, at least 10
days prior to such hearing, and the Village shall cause notice of
the public hearing to be published in the official newspaper of the
Village at least five days prior to such hearing.
A.
The Planning Board or Zoning 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 within which the Planning Board or
Zoning Board must render its decision may be extended by mutual consent
of the applicant and the Planning Board or Zoning Board.
Any person aggrieved by a final site plan determination
by the Planning Board or Zoning Board may apply to the Board of Trustees
for review of the decision. 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 plan submitted for approval
may be waived by the Planning Board or Zoning 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 or Zoning Board may, consistent
with this article, 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 bulk and area requirements of
this chapter, 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 or Zoning 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 or Zoning 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
or Zoning Board may rescind its prior site plan approval in its entirety
or in part.
D.
Prior to substantial construction pursuant to an approved site plan, the Planning Board or Zoning Board, on its own motion and in the same manner as the review of the original site plan, may rescind an approved site plan upon a finding that it violates any of the standards set forth in § 625-80 of this article.
Unless otherwise indicated, all construction,
reconstruction, alterations, additions or 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 article, 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 penalties as set forth in § 625-63 of this chapter. Such penalties shall be collected as provided by law.
A.
The Planning Board or Zoning 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 or Zoning 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 insure against damage to the
infrastructure, including public and private roads and drainage structures.
B.
If public improvements are required, there shall be
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, 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 two years after the resolution granting approval is filed
in the office of the Village Clerk, unless a building permit has been
issued thereon. The Planning Board or Zoning Board, at its sole discretion,
may grant extensions up to one year each.