[HISTORY: Adopted by the Board of Trustees of the Village
of Roslyn Estates 12-12-2011 by L.L. No. 4-2011. Amendments noted where
applicable.]
GENERAL REFERENCES
Architectural and Landscaping Review Board — See Ch. 15.
Fire prevention and building construction — See Ch. 69.
Streets and sidewalks — See Ch. 162.
Stormwater management and erosion and sediment control — See Ch. 165.
Subdivision of land — See Ch. 167.
Trees — See Ch. 184.
Zoning — See Ch. 200.
The approval of an original or amended site development plan
(referred to hereinafter as "site plan") by the Planning Board shall
be required for each of the following proposed projects, uses or activities
on any parcel of real estate within the Village, in any zoning district:
A.
The erection of any building.
B.
All uses of vacant land.
C.
Any change in use or intensity of use that will affect the characteristics
of the site in terms of parking, loading, access, drainage, utilities
or other Village services.
D.
The enlargement of any building, other than a one-family or a two-family
residence.
E.
The enlargement or other alteration of a one-family or a two-family
residence that results in new building area in excess of 50% of the
original building area or total new building area in excess of 1,000
square feet more than the original building area. For the purposes
of this subsection, the term "original" shall mean the size of the
residence on the later of the date when the construction of the residence
was first completed or the date five years before the instant application,
and the term "new" shall include all enlargements since the later
of the date when the construction of the residence was first completed
or the date five years before the instant application.
Any amendment of a previously approved site plan shall be subject
to approval by the Planning Board, pursuant to the same procedure
as that applicable to an original site plan.
A.
No building permit may be issued for any building within the purview
of this chapter until approval of a site plan has been secured by
the applicant and presented to the Building Inspector.
B.
No certificate of occupancy may be issued for any building or use
of land within the purview of this section unless the building is
constructed, or used or the land is developed or used, in conformity
with an approved site plan.
In considering and reviewing site plans, the Planning Board
shall take into consideration the public health, safety and welfare
and the comfort and convenience of the public in general and of the
residents of the proposed development and of the immediate neighborhood
in particular and may prescribe such appropriate conditions and safeguards
as may be required in order that the result of its action shall, to
the maximum extent possible, further the expressed intent of this
chapter and the accomplishment of the following objectives in particular:
B.
That adequate off-street parking and loading spaces are provided
to prevent the parking of vehicles in public streets by any person
connected with or visiting the site and that the interior circulation
system is adequate to provide safe accessibility to all required off-street
parking spaces or lots, loading bays and building services.
C.
That all playground, parking and service areas are reasonably landscaped
and screened, at all seasons of the year, from the view of any adjacent
residential lots and streets and that the general landscaping of the
site enhances the character of the Village and is in character with
that generally prevailing in the neighborhood.
D.
That all existing trees having a trunk 10 inches or greater in diameter,
measured five feet above the base of the trunk, are retained to the
maximum extent possible and that all other important natural features
are properly protected.
E.
That all plazas and other paved areas intended for use by pedestrians
are constructed with decorative pavements and that plant materials
are used so as to prevent the creation of vast expanses of pavement.
F.
That all outdoor lighting is of such nature and so arranged as to
preclude the diffusion of glare onto adjoining properties and streets.
G.
That the site plan conforms with such portions of the Comprehensive
Plan of the Village as may be in existence.
H.
That the existing and proposed drainage system will afford an effective
solution to any drainage problems.
A.
Applications for site plan approval shall be made on forms adopted
by the Planning Board for that purpose. An original and seven copies
of the application, together with eight copies of the proposed site
plan and eight copies of the survey which serves as the basis for
the site plan, shall be filed with the Village Clerk.
B.
The Chairman of the Planning Board shall schedule the Board's consideration
of the applications for site plan review in such a manner as will
permit an orderly and expeditious disposition of these applications
with due regard to the Board's other duties and responsibilities.
Prior to formal consideration of the application by the Board, the
Chairman may direct or the applicant may request that a preliminary
conference be held, wherein the applicant shall meet in person with
the Board, or such representatives of it as are designated by the
Chairman, to discuss the site plan submitted so that the necessary
subsequent steps may be undertaken with a clear understanding of the
Board's requirements in matters relating to the development of the
site and recommendations with respect to the plan submitted.
C.
The Building Inspector shall certify on each site plan whether or
not such plan meets the requirements of all Village Zoning Code provisions.
D.
Disapproval or conditional approval by the Planning Board shall include
written findings upon any site plan element found contrary to the
provisions or intent of this chapter. In reviewing the application,
the Planning Board may hold a public hearing and may secure the advice
or assistance of one or more expert consultants qualified to advise
as to whether a proposed development or use will conform to the requirements
of this chapter.
E.
Following approval of the site plan by the Planning Board, the applicant shall file with the Village Clerk a performance bond to cover the full cost of any required public improvements, in an amount set by the Planning Board. Such bond shall be satisfactory to the Village Attorney as to form, sufficiency, manner of execution and surety. A period of one year, or such other period as the Planning Board may deem appropriate, not to exceed three years, within which required public improvements must be completed, shall be set forth in the bond. If the bond is not filed within 45 days of the approval granted in Subsection D above, the site plan shall be deemed disapproved.
F.
Input with respect to proposed tree removal. The Planning Board shall refrain from rendering a decision with respect to any application for site plan approval if the applicant requires a tree removal permit under Chapter 184 for any aspect of the project that is the subject of the site plan application, until the Planning Board has obtained input from the Village official or board having jurisdiction with respect to applications for tree removal; each applicant for site plan approval must state in his application either that he has duly applied to the Village for permits to remove all trees that he proposes to remove in connection with the proposed project, in which case a copy of such tree permit application shall be submitted as part of the site plan approval application, or that no trees are proposed to be removed in connection with the project.
[Added 4-25-2022 by L.L. No. 3-2022]
Approval of a site plan by the Planning Board shall be valid
for a period of six months from the date thereof for the purpose of
obtaining a building permit. If substantial construction is commenced
within the six-month period and diligently prosecuted thereafter,
such approval shall be valid until the completion of all proposed
improvements on the site or for a period of not more than two additional
years.
The applicant shall cause a site plan map to be prepared by
an architect, landscape architect, civil engineer, surveyor, or land
planner, in each case duly licensed as such in the State of New York,
at a scale of not less than one inch equals 30 feet and not more than
one inch equals 10 feet. The site plan shall include the elements
listed below, unless one or more thereof are waived by the Planning
Board's representative at a preliminary conference.
A.
Legal data:
(1)
The name and address of the owner of record.
(2)
The name and address of the person, firm or organization preparing
the map.
(3)
The date, North point and written and graphic scale.
(4)
A sufficient description or information to define precisely the boundaries
of the property. All distances shall be in feet and tenths of a foot.
All angles shall be given to the nearest 10 seconds or closer. The
error of closure shall not exceed one in 10,000.
(5)
The lot lines and owners of all adjoining lands as shown on the latest
tax records.
(6)
The locations, names and existing widths of adjacent streets and
curblines.
(7)
The locations, widths and purposes of all existing and proposed easements,
setbacks, reservations and areas dedicated to public use within or
adjacent to the property.
(8)
A complete outline of existing deed restrictions or covenants applying
to the property.
(9)
Existing zoning.
B.
Natural features:
(1)
Existing contours with intervals of five feet or less, referred to
a datum satisfactory to the Planning Board.
(2)
The approximate boundaries of any areas subject to flooding or stormwater
overflows.
(3)
The location of existing watercourses, marshes, wooded areas, rocky
outcrops, isolated trees with a trunk diameter of at least ten inches,
measured five feet above the base of the trunk, and other significant
existing natural features.
C.
Existing structures and utilities:
(1)
Outlines of all structures and the locations of all uses not requiring
structures.
(2)
Paved areas, sidewalks and vehicular access between the site and
public streets.
(3)
The locations, dimensions, grades and flow direction of any existing
sewers, culverts and waterlines, as well as other underground and
aboveground utilities within and adjacent to the property.
(4)
Other existing development, including fences, landscaping and screening.
D.
Proposed development:
(1)
The location of proposed buildings or structural improvements.
(2)
The location and design of all uses not requiring structures, such
as off-street parking and loading areas and any common spaces and/or
recreation areas.
(3)
The location, direction, power and time of use for any proposed outdoor
lighting or public address systems.
(4)
The location and plans for any outdoor signs.
(5)
The location, arrangement and materials of proposed means of ingress
and egress, including sidewalks, driveways or other paved areas. Profiles
indicating grading and cross sections showing the width of roadways,
the location and width of sidewalks and the location and size of water
and sewer lines. Any proposed direct pedestrian connection to public
parking lots or structures shall also be shown.
(6)
A planting plan, prepared by a qualified landscape architect or architect,
showing any proposed screening and other landscaping.
(7)
The location of all proposed waterlines, valves and hydrants and
of all sewer lines or alternate means of water supply and sewage disposal
and treatment.
(8)
An outline of any proposed easements, deed restrictions or covenants.
(9)
Any contemplated public improvements on or adjoining the property.
(10)
Any proposed new grades, indicating clearly how such grades
will meet existing grades of adjacent properties or the street.
(11)
Elevations of all proposed principal or accessory structures.
(12)
If the site plan only indicates a first stage, a supplementary
plan indicating ultimate development.
(13)
Any other information deemed by the Planning Board to be necessary
for its determination that the site plan conforms with the spirit
and intent of this chapter.
On the filing of an application under this chapter with the Village Clerk, the applicant shall pay to the Village Clerk such fees, costs, and deposits as shall be prescribed from time to time by the Board of Trustees pursuant to Chapter 60 of the Village Code.
The provisions of §§ 145-1 and 145-2 notwithstanding, whenever land use or development requires a permit, approval or variance from the Board of Trustees or the Board of Appeals, site plan review and approval, and amendments thereof, under the provisions of this chapter shall be the responsibility of the Board considering such permit, approval or variance, or amendment thereof, and no separate application need be made to the Planning Board for such relief. In exercising such responsibility, the Board of Trustees and Board of Appeals shall have all the authority vested in the Planning Board by the provisions of this chapter, and the fee and deposit requirements of § 145-8 shall not apply.
