It is hereby determined that there should be a formal public
process of site plan review in the Town of Oyster Bay in order to
help ensure that the future use, reuse, development and redevelopment
of multifamily, senior citizen, conservation subdivisions and nonresidential
properties will be planned and designed in such a way as to further
the public health, safety and general welfare of the population. It
is hereby further determined that there should be specific standards
established in this chapter for such review and that such review should
be incorporated in existing approval processes, wherever appropriate.
6.2.1
Town Board approval. Site plan approval by the Town Board, after
review and recommendation by the Department of Planning and Development,
shall be required prior to the issuance of a building permit or certificate of occupancy, as follows:
6.2.2
Planning Advisory Board approval. Site Plan approval by the Planning
Advisory Board, after review and recommendation by the Department
of Planning and Development, shall be required prior to the issuance
of a building permit or certificate of occupancy,
as follows:
6.2.2.1
All structures or uses that do not require
Town Board approval and are required to provide 50 or more additional
parking spaces.
[Amended 7-22-2003 by L.L. No. 7-2003]
6.2.2.2
All structures or uses that do not require
Town Board approval, abut a residence district and are required to
provide more than 15 additional parking spaces.
[Amended 7-22-2003 by L.L. No. 7-2003]
6.2.2.3
Review by the Planning Advisory Board shall be required, prior
to Town Board approval, for all structures or uses
in RMF-6, RMF-10, RO and OB Districts, as well as places of worship,
colleges and universities, customary agricultural operations and country clubs in all residence districts.
[Amended 7-22-2003 by L.L. No. 7-2003]
6.2.3
Department of Planning and Development approval. Proposed structures or uses that do not meet the requirements of
§ 246-6.2.1 or 246-6.2.2 above shall require review and
approval by the Department of Planning and Development using the standards
of this section as a guide.
All site plan applications shall be submitted to the Department
of Planning and Development on forms provided by that Department.
They shall be accompanied by an affidavit prepared in accordance with
§ 246-14.9 of this chapter, fees or trust account deposits
as required by § 246-6.4 of this chapter and 12 prints of
a detailed site plan prepared by a legally qualified individual or
firm, including but not limited to a registered architect, landscape
architect or professional engineer. Additional sets of prints may
subsequently be required if Town Board and/or Planning Advisory Board
review, the quantity of which shall be determined by the Department
of Planning and Development. The site plan shall demonstrate that,
insofar as practicable, all standards of this chapter have been met.
All site plan applications shall include at least the following information,
as applicable and appropriate:
6.3.1
General. Site plans shall be drawn on sheets not exceeding a size
of 36 inches by 48 inches and to a convenient scale, but not less
than one inch equals 20 feet unless otherwise approved by the Department
of Planning and Development.
6.3.2
Legal data.
6.3.2.1
Name and address of applicant, and authorization
by owner if different from applicant.
6.3.2.2
Name, address, signature and seal of the professional preparing
the site plan.
6.3.2.3
Title of the development, date prepared and date of revisions,
if any.
6.3.2.4
North arrow, scale and site vicinity map drawn to a scale of
not less than one inch equals 600 feet.
6.3.2.5
Section, block and lot number(s).
6.3.2.6
Description of all existing and proposed deed restrictions or
covenants.
6.3.2.7
Location, width and purpose of all existing and proposed easements,
setbacks, reservations and areas dedicated to public use within or
adjacent to the property.
6.3.2.8
Existing zoning of the property and all adjoining properties.
6.3.2.9
Zoning Information Chart, including an indication of any necessary
variances. The chart shall include the following items and illustrate
what is the minimum or maximum as required by this chapter and what
is proposed to be provided for each, as applicable:
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Proposed use of structure.
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Lot area (square feet).
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Lot width and frontage.
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Lot area per dwelling unit (square feet).
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Gross floor area per dwelling unit (square feet).
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Building coverage.
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Gross floor area by use.
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Floor area ratio.
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Front, side and rear yards.
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Building height (stories and feet).
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Building dimensions.
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Area of usable open space.
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Off-street parking and loading spaces.
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Area of landscaped islands within parking lot perimeter.
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Yards, building height and building
coverage of required rear yard for accessory buildings.
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6.3.3
Natural features.
6.3.3.1
Topographic data at a maximum contour interval of two feet,
showing existing and proposed contours, extended at least 10 feet
onto adjoining properties.
6.3.3.2
Surface features, such as the location of rock outcrops.
6.3.3.3
Boundaries of any area subject to flooding or stormwater overflows, including flood hazard areas as established by the federal
government.
6.3.3.4
Location of all existing watercourses, waterbodies,
intermittent streams, wetlands and springs.
6.3.3.5
Description of vegetation on site, including existing landscaping,
the location of existing wooded areas and all individual trees with
a diameter of eight inches or more measured three feet above the base
of the trunk.
6.3.3.6
Any other significant existing natural features.
6.3.4
Existing structures and utilities.
6.3.4.1
Location of all structures on the premises
and approximate location of all neighboring structures within 100 feet of the lot lines of the premises.
6.3.4.2
Location of all existing public and private roads and rights-of-way,
paved areas and sidewalks adjoining the property, including the names
and paved widths of roads.
6.3.4.3
Locations, dimensions, grades and flow direction of existing
sewers, culverts, water lines and other underground utilities within
the property and within adjacent street, to the extent
known or relevant.
6.3.4.4
Location of existing fences and screening.
6.3.4.5
All other existing improvements.
6.3.5
Proposed development.
6.3.5.1
Location and dimensions of all proposed structures (including length, width, floor elevations and height), with floor
plans showing all proposed floor space by type of use and floor level.
6.3.5.2
Preliminary architectural plans showing at least three exterior
elevations of the proposed structure, including dimensions,
materials and colors to be used.
6.3.5.3
Location, width and finished grades of proposed public and private streets, driveways, roads and sidewalks, including pavement
type and center line profiles. All slopes shall be indicated by percentage
of grade. Elevations at center line of street, top
of curb and at the lot line shall also be indicated
on the profile. Where there is no curb, the curb elevation shall be
assumed to be equal to the elevation at the center line of the street and shall be so indicated.
6.3.5.4
Location, layout, finished grade, pavement specifications and
curbing proposed for parking and loading spaces, including access
drives.
6.3.5.5
Location, design and proposed screening of any outdoor storage
areas, including proposed provisions for recycling and refuse storage
and collection.
6.3.5.6
Approximate location of proposed utilities. Note: The submission
of plans showing the location, size and design of all proposed water
supply, sanitary sewerage, valves, hydrants and other such utility
facilities, including connections to any existing such facilities,
with profiles, may be required prior to the issuance of a building permit.
6.3.5.7
Approximate location of proposed stormwater drainage system. Note: The submission of plans showing the details
of catch basins, dry wells, recharge basins and other
related facilities and the calculation of expected storm drain loads
and stormwater runoff to be accommodated by the proposed
drainage system in accordance with all requirements of the Nassau
County Department of Public Works may be required prior to the issuance
of a building permit.
6.3.5.8
Landscaping plan, to include type, size, quantity and location
of all plants and other landscaping materials to be used, with common
and scientific names. Included in the plan shall be an indication
of all existing vegetation to be retained, a line indicating the limit
of the area of disturbance and the methods to be
used to protect existing vegetation during the course of construction.
Cross-sections shall be provided, as appropriate.
6.3.5.9
Snow removal management plan.
6.3.5.10
Type, location, design, shielding, illumination levels in footcandles
and hours of operation of exterior lighting.
6.3.5.11
Location, type, size, typography, design, color and illumination
of all signs.
6.3.5.12
Illustration of the ultimate potential development of the site,
if the site plan application represents only a portion or phase of
a larger possible development.
6.3.5.13
Estimate of earthwork, showing the quantity of any material
to be imported to or removed from the site.
6.3.5.14
Description of measures planned to assure proper erosion and
sedimentation control both during and after construction.
6.3.5.15
Statement from the applicant's engineer indicating
the estimated cost of construction of all proposed site improvements.
6.3.6
Master signage plan required. For every project required to provide
50 or more parking spaces, a master signage plan shall be prepared.
Such plan shall include at least the following:
6.3.6.1
The location of all existing and proposed signage.
6.3.6.2
Elevations of all existing signs identifying
whether each sign is to remain.
6.3.6.3
Elevations of all proposed signs identifying
the type, the vertical, horizontal and depth dimensions, color scheme,
lettering or graphic style, the signage materials, the height, whether
the sign is to be illuminated and, if so, details
of the proposed illumination.
[Amended 2-10-2004 by L.L. No. 4-2004; 10-16-2012 by L.L. No.
3-2012]
Each application for site plan approval shall be accompanied
by a base application fee in an amount as determined by the Commissioner
of the Department of Planning and Development. Where Planning Advisory
Board or Town Board review is required, an additional fee in an amount
as determined by the Commissioner of the Department of Planning and
Development shall be paid. In addition, the applicant shall be required to fund the cost of outside consulting services
to assist the approving agency with the review of applications, if
such assistance is determined necessary by said agency. In such cases,
the applicant shall provide additional funds to the
Town for deposit into a trust account in an amount as determined by
the Commissioner of the Department of Planning and Development.
6.4.1
When the balance in an applicant's trust account
is reduced to 1/3 of the required initial deposit amount, the applicant shall deposit sufficient additional funds to restore
the account up to at least the originally required balance, or such
lesser amount as may be agreed to by the Department of Planning and
Development. If such account is not replenished within 30 days after
the applicant is notified, in writing, of such requirement,
the approving agency shall immediately suspend its review of the application.
6.5.1
Town Board. Where Town Board approval is required, upon receipt of
the recommendation of the Department of Planning and Development or
the Planning Advisory Board, as the case may be, and consistent with
the timing requirements of the Town Environmental Quality Review Law,[1] the Town Board shall consider the proposed site plan at
the same public hearing as required for the special use permit or
zoning change application. Town Board action with respect to the site
plan shall be incorporated into its decision with respect to the special
use permit or zoning change.
6.5.2
Planning Advisory Board. Where Planning Advisory Board approval is
required, the matter shall be considered at a regular meeting of said
Board, open to the public.
6.6.1
Notification of Town Board public hearing shall be as required for
the related special permit or zoning change application, as the case
may be.
6.6.2
Notification of PAB meeting shall be by the posting of a notification sign in accordance with the provisions below
along each street frontage of the subject property
at least seven calendar days prior to the Planning Advisory Board
meeting, where said Board is the approving agency.
6.6.2.1
Notification signs shall be at least six square
feet in area, and shall consist of sturdy weatherproof material containing
a white background and black legible letters at least two inches in
height. The sign shall be placed in a location plainly
visible from each street upon which the property
fronts, but in no case more than 20 feet back from the street. If the property fronts on two or more streets,
one such sign shall be placed along each of the most
commonly traveled street frontages but, in any event,
no more than two signs shall be required.
6.6.2.2
The notification sign shall read as follows:
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ON THIS PROPERTY A (DESCRIBE PROPOSED ACTION) IS PROPOSED. THIS
MATTER WILL BE DISCUSSED AT A (IDENTIFY APPROVING AGENCY) PUBLIC (HEARING
OR MEETING) ON (FILL IN DATE) AT (FILL IN TIME) AT (FILL IN LOCATION).
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6.6.2.3
The applicant shall update the notification
sign(s) at least seven days prior to each public meeting
or hearing at which it is to be heard.
6.6.2.4
The applicant shall submit an affidavit to
the Town Attorney or secretary of the Planning Advisory Board, as
appropriate, at the public hearing/meeting attesting to the installation
of the notification sign, as required herein.
6.6.2.5
The applicant shall remove the notification
sign(s) within seven days after the close of the public meeting
or hearing at which the application has been heard.
No site improvements or change of use may be implemented, no
construction shall commence and no permits shall be issued by applicable
enforcement agents or officers of the town until after approval for
said improvements or change of use is granted by the approving agency
where such approval is required, and all modifications and conditions
as set forth in said approval are certified as having been met, as
evidenced by the signature of the Town Superintendent of Planning
of the Department of Planning and Development, on the site plan, except
as may be otherwise specifically provided for in the resolution of
site plan approval. Continued compliance with all such conditions
shall be a requirement of the continued validity of any building permit or certificate of occupancy issued pursuant thereto.
6.8.1
The approval of a signed site plan shall expire in the event that:
6.8.1.1
An application has not been made for a building permit or a certificate of occupancy within one year after the date
the site plan was signed.
6.8.1.2
All construction in accordance with the approved site plan has
not been completed within three years after the date the site plan
was signed.
6.8.1.3
Construction in accordance with the site plan substantially
ceases, prior to completion, for a period of one year or more after
commencement.
6.8.2
Any application for extension, on an annual basis, shall be made
by the applicant to the Department of Planning and
Development prior to the expiration of the specific time period sought
to be extended, and with the permission of and upon the recommendation
of the Commissioner of Planning and Development, may be sought after
the expiration of the specific time period sought to be extended,
but in no event shall any extension extend the period beyond four
years from the date the site plan was approved, or an amended site
plan was reviewed, unless a new SEQRA determination has been made.
Any application for extension shall be accompanied by a fee as determined
in accordance with the fee schedule established by the Commissioner
of the Department of Planning and Development. The approving agency
may extend all time limits for good cause shown, if said agency deems
such extension warranted.
[Amended 6-26-2018 by L.L. No. 6-2018]
6.9.1
Minor amendments. During the course of construction, the Department
of Planning and Development, or any duly authorized designee, may
approve minor adjustments to the approved site plan where such adjustments
are deemed to be necessary or appropriate. Such minor adjustments
must be consistent with the basic concepts of the approved site plan.
6.9.2
Substantial amendments. Where unforeseen conditions are encountered
which require any change to an approved site plan which the Department
of Planning and Development, or any duly authorized designee, considers
substantial, or where the applicant wishes to modify
the approved site plan for other reasons, an amended site plan shall
be filed for review and approval submitted in accordance with the
same procedures and fees as required for the original application.
In considering proposed site plans, the reviewing agency will
be guided by the purposes of this chapter, including the purposes
of the applicable zoning district or districts, the specific off-street
parking and site design standards as set forth in this chapter and
the following general standards:
6.10.1
The opportunity for safe, adequate and convenient vehicular and pedestrian
traffic circulation both within and without the site. At least the
following aspects of the site plan shall be evaluated to determine
conformity to this standard:
6.10.1.1
The effect of the proposed development on traffic conditions
on existing streets.
6.10.1.2
The number, locations and dimensions of vehicular and pedestrian
entrances, exits, drives and walkways.
6.10.1.3
The adequacy of safe visibility at all exit points of the site.
The driver of an automobile should have an unobstructed view of the street for the distance necessary to allow safe entrance
into the traffic stream.
6.10.1.4
The location, arrangement and adequacy of off-street parking
and loading facilities.
6.10.1.5
Interconnection of parking facilities via access drives between
adjacent lots, designed to provide maximum safety,
convenience and efficiency of traffic circulation, and to minimize
curb cuts on neighboring streets.
6.10.1.6
Patterns of vehicular and pedestrian circulation both within
the boundaries of the development and in relation to the adjoining
road and sidewalk system.
6.10.1.7
The location, arrangement and adequacy of facilities for the
physically handicapped, such as ramps, depressed curbs and reserved
parking spaces.
6.10.1.8
The location, arrangement and adequacy of landscaping within
and bordering parking facilities and loading spaces.
6.10.1.9
The adequacy of fire lanes and other emergency facilities and
services. The applicant shall be required to allow
enforcement of parking and traffic circulation restrictions by local
police, fire and town officials, as determined appropriate.
6.10.2
The protection of environmental quality and the preservation and
enhancement of property values. At least the following aspects of
the site plan shall be evaluated to determine conformity to this standard:
6.10.2.1
The location, height and materials of walls, fences, hedges and plantings so as to ensure harmony with adjacent development,
screen parking facilities and loading spaces and to conceal storage
areas, refuse areas, utility installations and other such features.
6.10.2.2
The prevention of dust, erosion and drainage
onto adjacent properties both during and after construction, through
the planting of ground cover or the installation of other appropriate
protective devices and/or ground surfaces.
6.10.2.3
The preservation of natural features such as wetlands, unique wildlife habitats, historic structures,
major trees and scenic views both to and from the site.
6.10.2.4
The arrangement, type and design of signage and exterior lighting.
6.10.2.5
The design and arrangement of buildings, structures and accessory facilities (such as air conditioning
systems, public address systems, etc.) so as to achieve minimum and
acceptable noise levels at the property boundaries.
6.10.2.6
The provision of adequate storm and surface water drainage facilities
so as to properly drain the site while maximizing groundwater recharge, minimizing downstream flooding and preventing
the degradation of water quality.
6.10.2.7
Access to sunlight as related to building siting,
orientation and landscaping, as well as present and potential future
solar energy systems.
6.10.2.8
The design and arrangement of facilities to accommodate both
refuse and recycling storage containers.
[Added 2-13-2007 by L.L. No. 4-2007]
In addition to the previously described site plan reviews as
required by this section, it is hereby also determined that there
should be a public process of site plan review required prior to the
issuance of demolition permits for existing dwellings when such dwellings are located in the Oyster Bay
Hamlet Residence Design District. This review process is limited to dwellings which are more than 50 years old at the time of
application for the demolition permit. The specific purpose of this
process is to assure that the historic and/or architectural character
of the site and the neighborhood in which it is located will not be
adversely impacted by the demolition of a dwelling and the planned redevelopment of the site on which it is located.
6.11.1
Planning Advisory Board approval. Except where the Commissioner of the Department of Planning and Development determines that an emergency exists which requires immediate action (pursuant to § 96-20 of the Town Code), site plan approval by the Planning Advisory Board shall be required prior to the issuance of a demolition permit for any dwelling located in the Oyster Bay Hamlet Residence
Design District which was originally occupied and/or was issued its
original certificate of occupancy more than 50 years prior to the
date of application for the demolition permit.
6.11.2
Public meeting and notification requirements. All requirements for
the conduct of a Planning Advisory Board public meeting, including
the notification requirements for such a meeting, as set forth in
§§ 246-6.5 and 246-6.2 of this chapter, shall be complied
with.
6.11.3
Application fees. Each application for Planning Advisory Board approval
of a demolition permit shall be accompanied by an application fee
in an amount as determined by the Commissioner of the Department of
Planning and Development.
[Amended 10-16-2012 by L.L. No. 3-2012]
6.11.4
Application. All applications for site plan approval of a demolition
permit shall, in addition to all other administrative requirements
for demolition permits of the Department of Planning and Development,
be accompanied by plans for the proposed redevelopment of the site
if the demolition permit is granted. Such plans shall indicate whether
any subdivision or resubdivision of the property will be proposed
and whether variances therefor will be required. The application shall
also include site plans, floor plans and building elevations of any proposed new dwelling(s) which
will replace the dwelling to be demolished. The site redevelopment plan shall demonstrate that, insofar as practical, all standards of this chapter have been met. Such site redevelopment plan shall also, as appropriate, comply with the requirements of Subsection 6.3 above. The application shall be accompanied by an affidavit prepared in accordance with § 246-14.9 of this Chapter and 12 prints of the proposed redevelopment plans prepared by a legally qualified individual or firm, including but not limited to a registered architect, landscaped architect or professional engineer. Additional sets of prints may subsequently be required for Town Board and/or Planning Advisory Board review, the quantity of which shall be determined by the Department of Planning and Development.
6.11.5
General standards. In considering the proposed site redevelopment
plans prepared in connection with the requested demolition permit,
the Planning Advisory Board shall be guided by the general purposes
of this chapter as well as the specific purposes of: protecting historic
or potentially historic (over 50 years old) structures; assuring that the redevelopment of the site will be planned and
designed in a manner which will be consistent with the architectural
character and scale of the neighborhood in which the property is located;
preserving property values; and where appropriate, furthering the
objectives of the Town's Landmarks Preservation Ordinance.[1]
