[HISTORY: Adopted by the Board of Trustees of the Village
of Williston Park 5-20-2013 by L.L. No. 2-2013. Amendments noted where
applicable.]
Except for single-family homes, in all districts, approval of
an original or amended site development plan (referred to herein as
"site plan") by the Village Board of Trustees shall be required for:
A.
The erection of any building in all districts on parcels of real
property measuring 9,500 square feet or greater in area.
B.
The enlargement or renovation of any building where the resulting
building area will exceed by 50% or more the original building area.
C.
All uses of vacant land on parcels of real property measuring 9,500
square feet or greater in area in all zoning districts.
D.
Any change in use or intensity of use on parcels of real property
measuring 9,500 square feet or greater in area, in any zoning district,
which will affect the characteristics of the site in terms of parking,
loading, access, drainage, utilities, or other Village services.
Any amendment of a previously approved site plan shall be subject
to approval by the Village Board of Trustees, pursuant to the same
procedure as that applicable to an original site plan.
Except for a single-family home, no permit shall be issued for
the alteration, erection or use of any building or structure or the
use of any lot or premises on a parcel of real property measuring
9,500 square feet or greater in area, in any zoning district, unless
and until a site plan of the premises has been approved by the Village
Board of Trustees.
Any applicant must be the owner of the property involved or
an authorized agent of the owner or a person, firm or corporation
under bona fide contract to purchase the property.
In its decision on the site plan, the Village Board shall be
guided by the following:
A.
The plan is in harmony with and appropriate to the surrounding properties,
the neighborhood and the Village.
B.
The plan contributes to the proper growth and development of the
Village and to the general welfare.
C.
The plan is not hazardous, conflicting or incongruous with the surroundings,
neighborhood or Village by reason of excessive traffic or undue assembly
of persons or vehicles.
D.
The plan will not hinder or discourage the appropriate use and development
of nearby lands or impair the values thereof.
E.
The plan will not be objectionable to or conflict with the residential
character of adjoining residential areas by reason of location and
size of proposed uses, the nature and intensity of the uses involved
or by reason of street layout, noise, lights, traffic, parking or
other factors of impact.
F.
The purposes of zoning set forth in the Village Law of the State
of New York are observed.
A.
Applications for site plan approval shall be made on forms adopted
by the Village Board of Trustees 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 served as
the basis for the site plan, shall be filed with the Village Clerk.
C.
The Board of Trustees shall act to approve, disapprove or approve
with conditions or modifications any such site plan within 62 days
after the filing of the application is complete. Disapproval or conditional
approval by the Village Board of Trustees shall include written findings
upon any site plan element found contrary to the provisions or intent
of this chapter. In reviewing the application, the Village Board of
Trustees 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 use will conform to the requirements of this chapter. The
fee for any such consultants shall be borne by the applicant, and
the Board of Trustees may require the payment of a deposit in advance
of the Village Board of Trustee's review of the proposed site
plan.
D.
Following approval of the site plan by the Village Board of Trustees, the developer 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 Village Board of Trustees. 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 Village Board of Trustees 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 C above, the site plan shall be deemed disapproved.
Approval of a site plan by the Village Board of Trustees 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 improvement of the site, or for a period not more than two
additional years.
Any applicant for such permit shall submit a site plan to the
Village Board for approval, such site plan to be drawn to scale and
include, as a minimum, property dimensions, proposed layout, use and
location of buildings and structures, uses of land, improvements,
streets, parking, fences and planting strips, landscaping and other
physical features of the site and relation of such plan to the surrounding
properties and the neighborhood. Such site plan map must be prepared
by an architect, landscape architect, civil engineer, surveyor, land
planner or other competent person 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 or more thereof
are waived by the Board of Trustees' representatives at a preliminary
conference.
A.
Legal data:
(1)
Name and address of the owner of record.
(2)
Name and address of person, firm or organization preparing the map.
(3)
Date, North point and written and graphic scale.
(4)
Sufficient description or information to define precisely the boundaries
of the property. All distances shall be in feet and tenth 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)
Approximate boundaries of any areas subject to flooding or stormwater
overflows.
(3)
Location of existing watercourses, marshes, wooded areas, rock outcrops,
isolated trees with a diameter of either eight inches or more, measured
three feet above the base of the trunk, and any other significant
existing natural features.
C.
Existing structures and utilities:
(1)
Outlines of all structures and locations of all uses not requiring
structures.
(2)
Paved areas, sidewalks and vehicular access between the site and
public streets.
(3)
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.
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 width of roadway, location
and width of sidewalks and location and size of waterlines and sewer
lines. Any proposed direct pedestrian connection to public parking
lots or structures will 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 Board of Trustees to be
necessary for its determination that the site plan conforms with the
spirit and intent of this chapter.
The applicant shall pay to the Village Clerk such fees, cost
and deposits as may be prescribed from time to time by the Board of
Trustees.
