A.
Approval of a site plan by the Planning Board is required for the
development or redevelopment of any property or structure for a new
use; the expansion or relocation of any existing use; or any change
of use of a property or structure, including a change or redevelopment
from a one-family detached to a two-family detached dwelling where
permitted by this chapter. Notwithstanding the foregoing provisions,
site plan approval is not required for one-family detached dwellings
or the following special permit uses: home occupations (other than
on Route 45), home occupations (on Route 45) and second kitchens in
dwelling units. Where site plan approval is required, applications
for the issuance of a building permit or certificate of occupancy
must be accompanied by a copy of the approved site plan.
[Amended 11-15-1984 by L.L. No. 31-1984; 12-21-1988 by L.L. No. 13-1988]
B.
All site development and all use of the property shall be in conformance
with the approved site plan and such additional standards and safeguards
as the Planning Board may impose as a condition of approval. No certificate
of occupancy shall be issued until all such requirements have been
met. Continued conformance with the approved final site plan shall
be a requirement of the continued validity of any such certificate
of occupancy.
The Planning Board shall not approve a site plan unless it shall
find that such plan conforms to the requirements of this chapter,
as well as to other applicable laws and regulations. In reviewing
the site plan, the Planning Board shall also take into consideration
the public health, safety and general welfare and shall set appropriate
conditions and safeguards which are in harmony with the general purpose
and intent of this chapter, particularly in regard to achieving the
following:
A.
Traffic access. The number, location and design of all proposed driveways,
in terms of their width, grade, alignment, visibility and relationship
to the existing street system and neighboring properties and land
uses, shall be such that maximum safety will be achieved and function
properly provided for.
B.
On-site circulation and parking. Adequate and convenient off-street
parking and loading spaces shall be provided to prevent parking in
public streets of vehicles belonging to any persons connected with
or visiting the proposed use, and the interior circulation system
shall be adequate to provide safe access to all required off-street
parking, including access for the handicapped.
C.
Pedestrian circulation. An adequate and safe pedestrian circulation
system shall be provided to permit safe access to uses on the site
from the street and from all parking areas.
D.
Landscaping and buffering. All parking, loading and service areas
shall be screened in a reasonable manner at all seasons of the year
from the view of adjacent residential lots and streets. The general
landscaping of the site shall be designed in an attractive manner
and, wherever possible, desirable natural features existing on the
site shall be protected and retained.
E.
Lighting. Outdoor lighting shall be provided on the site to assure
the safe movement of vehicles and persons and for security, and such
lighting shall not create an undesirable impact on neighboring properties
and streets.
F.
Drainage. The proposed stormwater drainage system shall be adequate
to prevent any increase in the rate of surface runoff or other contribution
to downstream flooding during a storm of any magnitude up to and including
a one-hundred-year-frequency storm.
G.
Water and sewage. The proposed systems for water supply and sewage
collection and disposal on the site shall be adequate, and Village
facilities shall be sufficient to handle the increase in service.
H.
Solid waste. Adequate provisions shall be made for the storage, collection
and disposal of solid waste, and such facilities shall not be permitted
to adversely affect neighboring properties or public facilities.
I.
Building design. The height, location and size of the proposed buildings
shall be in conformity with the requirements of this chapter, and
all such buildings and other structures shall harmoniously relate
to each other, the site and neighboring properties.
J.
Signage. All proposed signs, including on-site directional signs
and building signs, shall meet the requirements of this chapter, shall
be adequate to provide reasonable information to the public and shall
be in harmony with the design of the site and buildings and with neighboring
properties.
K.
Other public needs. Other public needs and requirements, including
the provision of recreational facilities, the protection of the environment,
etc., shall also be properly and adequately provided for.
A.
Submission. The applicant shall submit to the Planning Board two
copies of a completed site plan application form and 10 copies of
a site plan. The site plan shall show the information listed below.
B.
Required data. All of the following information shall be indicated
on the site plan, which shall be drawn at a scale of one inch equals
30 feet or larger:
(1)
The title of the development, the date, revision dates, if any,
North point, scale, the name and the address of the record owner and
of the applicant, if other than the owner, and of the engineer, architect,
landscape architect or surveyor preparing the site plan.
(2)
The area and boundaries of the subject property, section and
lot numbers of the subject property, adjacent zoning and special district
boundaries, building or setback lines as required in this chapter,
lines of existing streets and adjoining lots as shown on the Tax Maps
and reservations, easements and other areas dedicated to public and
special use.
(3)
The names and mailing addresses of all owners of record of all
adjacent properties.
(4)
The location and dimensions of all existing buildings, retaining
walls, fences, rock outcrops, wooded areas, single trees with a diameter
of eight inches or more measured three feet above the base of the
trunk, watercourses, marshes, water supply, sanitary sewerage, storm
drainage and any other utility facilities and of any other significant
existing features on the premises. All significant features within
20 feet of all property lines shall also be shown.
(5)
Existing and proposed contours at a maximum vertical interval
of two feet.
(6)
The proposed use or uses of all land and buildings and, where
only a portion of a property is to be occupied by the development,
the boundaries and area of such portion, including required screening
and setback areas.
(7)
The outline and elevations of the pavement of abutting streets
and of proposed means of vehicular and pedestrian access to and from
the site.
(8)
The location, layout and numbers of any proposed off-street parking and loading spaces. (See Article VI.)
(9)
The location and layout of any proposed recreation areas.
(10)
The proposed finished floor elevation of buildings and the finished
grades of walls, pavements and storm drains.
(11)
Detailed construction plans of proposed retaining walls, steps,
ramps, paving and drainage structures.
(12)
Expected storm drainage loads.
(13)
Estimates of all earthwork, including the quantity of any material
to be imported to or removed from the site or a statement that no
material is to be removed or imported.
(14)
Expected storm drainage loads.
(15)
Estimate of all earthwork, including the quantity of any material
to be imported to or removed from the site, or a statement that no
material is to be removed or imported.
(16)
Location and dimensions of all proposed water supply, sanitary
sewerage, storm drainage, and other utility lines and equipment, including
connections to existing facilities.
(17)
Detailed landscaping plan including type, size and location
of all materials used and plans for buffer screening and fencing.
(18)
Proposed location, type, design, size, color, and illumination
of all signs.
(19)
Proposed type, design, mounting height, location, direction,
power and timing of all outdoor lighting.
(20)
Conditions specified by the Board of Appeals or Planning Board
in the approval of any variance or special permit related to the subject
property.
(21)
The Tax Map Designation for the parcel that is the subject of
this site plan is Section _____, Block _____, and Lot _____, as shown
on the Village of New Hempstead Tax Map. A vicinity map with a bar
scale, and a North arrow, shall be included on the site plan.
[Added 9-20-2016 by L.L.
No. 2-2016; amended 1-22-2019 by L.L. No. 1-2019]
(22)
Area of tract: __________.
[Added 9-20-2016 by L.L.
No. 2-2016; amended 1-22-2019 by L.L. No. 1-2019]
(23)
Zone: __________.
[Added 9-20-2016 by L.L.
No. 2-2016; amended 1-22-2019 by L.L. No. 1-2019]
(24)
Proposed use: __________.
[Added 9-20-2016 by L.L.
No. 2-2016; amended 1-22-2019 by L.L. No. 1-2019]
(25)
Record owner: __________.
[Added 9-20-2016 by L.L.
No. 2-2016; amended 1-22-2019 by L.L. No. 1-2019]
(26)
Applicant: __________.
[Added 9-20-2016 by L.L.
No. 2-2016; amended 1-22-2019 by L.L. No. 1-2019]
(27)
School District: __________.
[Added 9-20-2016 by L.L.
No. 2-2016; amended 1-22-2019 by L.L. No. 1-2019]
(28)
Fire District: __________.
[Added 9-20-2016 by L.L.
No. 2-2016; amended 1-22-2019 by L.L. No. 1-2019]
(29)
Water supply by: __________.
[Added 9-20-2016 by L.L.
No. 2-2016; amended 1-22-2019 by L.L. No. 1-2019]
(30)
Datum: __________.
[Added 9-20-2016 by L.L.
No. 2-2016; amended 1-22-2019 by L.L. No. 1-2019]
(31)
Before any work shall be authorized, a pre-construction meeting
(PCM) shall be held on-site with the Village Engineer. At such time
a full construction schedule will be required and strictly enforced.
Any changes or amendments to the schedule must be filed with the Village
Engineer as directed during the PCM.
[Added 9-20-2016 by L.L.
No. 2-2016; amended 1-22-2019 by L.L. No. 1-2019]
(32)
All utilities underground, electric service shall be in conduit
of not less than two-inch diameter.
[Added 9-20-2016 by L.L.
No. 2-2016; amended 1-22-2019 by L.L. No. 1-2019]
(33)
There are no covenants, deed restrictions, easements or other
reservations of land relative to this site, except as shown on this
plan, subject to the findings of a complete and up-to-date title search.
[Added 9-20-2016 by L.L.
No. 2-2016; amended 1-22-2019 by L.L. No. 1-2019]
(34)
No sign(s) other than those shown on these drawings are permitted
without prior approval of the Planning Board. Tenants are to be advised
of this.
[Added 9-20-2016 by L.L.
No. 2-2016; amended 1-22-2019 by L.L. No. 1-2019]
(35)
All construction shall adhere to all applicable New York State
Building Codes, and current Village of New Hempstead specifications,
whichever is more stringent.
[Added 9-20-2016 by L.L.
No. 2-2016; amended 1-22-2019 by L.L. No. 1-2019]
(36)
All drawings and plans, required by Subsection B(1) of this section shall be signed and sealed/stamped by a New-York-State-licensed professional engineer, registered architect or land surveyor, the profession of which licensed signatory shall be determined by the Village Engineer. Additionally, prior to the issuance of a certificate of occupancy, an as-built landscaping drawing shall be submitted which is certified by a landscape architect licensed to practice in the State of New York. Said certified landscaping drawing shall indicate degree of completion of said landscaping improvements in accordance with the approved site plan. Said as-built drawings shall be submitted to the building inspector, Village Planner and Village Engineer for approval.
[Added 9-20-2016 by L.L.
No. 2-2016; amended 1-22-2019 by L.L. No. 1-2019]
(37)
No land disturbance activities will be permitted until all erosion
control measures required as part of the erosion control plan are
installed to the satisfaction of the Village Engineer.
[Added 9-20-2016 by L.L.
No. 2-2016; amended 1-22-2019 by L.L. No. 1-2019]
(38)
All traffic signs shall conform to New York State Department
of Transportation Manual of Uniform Traffic Control Devices.
[Added 9-20-2016 by L.L.
No. 2-2016; amended 1-22-2019 by L.L. No. 1-2019]
(39)
If any existing trees that are designated to remain on these
plans are destroyed during construction, or otherwise, they shall
be replaced in kind with a minimum of 1.5 times the caliper of the
tree removed. Minimum caliper of each individual replacement tree
shall be four inches.
[Added 9-20-2016 by L.L.
No. 2-2016; amended 1-22-2019 by L.L. No. 1-2019]
(40)
Installation of all utilities and site work shall be in conformance
with OSHA regulations.
[Added 9-20-2016 by L.L.
No. 2-2016; amended 1-22-2019 by L.L. No. 1-2019]
(41)
Retaining walls over four feet in height shall be designed and
inspected by a New-York-State-licensed professional engineer during
installation and the adequacy of the retaining wall shall be certified
in writing prior to the issuance of the certificate of occupancy.
Walls higher than four feet will also require a barrier fence along
the top of the entire wall.
[Added 9-20-2016 by L.L.
No. 2-2016; amended 1-22-2019 by L.L. No. 1-2019]
(42)
It is the responsibility of the owner and contractor(s) to protect
a property site, and its perimeter, under/during construction in accordance
with the relevant OSHA regulations, as well as the controlling New
York State and local laws/regulations/codes, as determined by the
Village's Engineer, Building Inspector and/or the governing Village
Boards, in order to maintain the health and safety of workers and
the general public, as well as preventing unauthorized access, the
same not limited to requiring a minimum six-foot-high temporary fence
with a locked gate.
[Added 9-20-2016 by L.L.
No. 2-2016; amended 1-22-2019 by L.L. No. 1-2019]
(43)
It is the responsibility of the contractor to provide temporary
fencing to protect any area with an excavation exceeding four feet
in depth if left unattended overnight.
[Added 9-20-2016 by L.L.
No. 2-2016; amended 1-22-2019 by L.L. No. 1-2019]
(44)
In the event of unplanned/unscheduled construction inactivity
for a duration greater than 30 consecutive calendar days without written
approval from the Village Engineer, Code Enforcement Officer or Building
Inspector, the bond established for the project upon site plan approval
may be forfeited to the Village for site restoration enhancement activities
and a stop-work order will be issued for the project until such time
that the reauthorizes work under the previous approval and a new bond
is provided.
[Added 9-20-2016 by L.L.
No. 2-2016; amended 1-22-2019 by L.L. No. 1-2019]
(45)
The Zoning Board of Appeals of the Village of New Hempstead,
on __________, as case number__________, in the application of __________,
granted a variance(s) for __________.
[Added 9-20-2016 by L.L.
No. 2-2016; amended 1-22-2019 by L.L. No. 1-2019]
(46)
The applications to the Planning Board, Zoning Board of Appeals
and Board of Trustees, of the Village of New Hempstead, as may be
applicable, shall be reviewed in compliance with Article 12-B of New
York State General Municipal Law.
[Added 9-20-2016 by L.L.
No. 2-2016; amended 1-22-2019 by L.L. No. 1-2019]
(47)
The undersigned, owner and/or applicant, as a condition of approval
of this site plan, hereby agrees to complete the within site development
plan as drawn and all improvements shown thereon. The applicant/owner
is aware that no changes in this plan may be made unless approved
by the Planning Board.
[Added 9-20-2016 by L.L.
No. 2-2016; amended 1-22-2019 by L.L. No. 1-2019]
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C.
Environmental review. Where required by the New York State Environmental
Quality Review Act (SEQRA), additional information concerning the
environmental impact of the proposed development may be required as
a part of the site plan application.
D.
Referrals. The Planning Board shall submit copies of the site plan
to the Village Engineer, Building Inspector and Code Inspector for
review and report. Where required by § 239-m of the General
Municipal Law, the Planning Board shall also submit a copy of the
site plan to the Rockland County Planning Board for review and report.
The Planning Board may submit copies to the following agencies for
information, review and comment regarding facilities under their jurisdiction,
and to any other village, county, state or federal agency with jurisdiction:
E.
Staged development. Where the staging of a development over a period
exceeding one year is contemplated, the site plan shall show only
stages for which construction will begin within 18 months of the date
of final approval by the Planning Board. A plan showing the plan for
the ultimate development of the property shall also be submitted.
F.
Public hearing. When, in the opinion of the Planning Board, it is
deemed necessary or advisable, a public hearing may be held on said
application. Any hearing shall be held within 62 days of the date
of receipt of a complete application.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
G.
Planning Board decision. The Planning Board shall approve, approve with modifications or disapprove the site plan within 62 days of the date of receipt of a properly completed application. Planning Board approval, approval with modifications or disapproval shall be in written form and shall include specific findings with respect to the standards as contained in § 290-102 of this chapter. Failure on the part of the Planning Board to act within the above specified time shall be deemed to constitute approval of the respective plan, unless the time limit is extended by mutual agreement of the applicant and the Planning Board. The decision of the Planning Board shall be filed in the office of the Village Clerk within five business days after such decision is rendered and a copy thereof shall be mailed to the applicant.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
I.
Stormwater pollution prevention plan. A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter 245, Stormwater Management and Erosion and Sediment Control, shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Chapter 245, Article II. The approved site plan shall be consistent with the provisions of Chapter 245.
[Added 9-22-2005 by L.L.
No. 6-2005]
The Building Inspector may issue a certificate of occupancy
after all requirements of site plan approval have been completed or
after the applicant has provided surety covering all uncompleted requirements
in such amount as shall be set by the Planning Board and in such form
as meets the approval of the Village Attorney. All site plan requirements
for which surety is posted shall be for a term to be determined by
the Planning Board to guarantee their proper installation and maintenance.
The Building Inspector shall report to the Planning Board when the
requirements, construction, installation and all other items of the
site plan have been completed, at which time the Planning Board may
authorize the release of the surety.
Where, due to special conditions peculiar to site or to the
size, nature or complexity of the proposed use or development of land
or buildings, the Planning Board finds that additional data is necessary
for the proper review of the site plan, the Board may require any
or all of such data to be included in the required submission of said
plan.
A.
Upon compliance of any development or redevelopment pursuant to an
approved final site plan and prior to the issuance of a certificate
of occupancy, the applicant shall submit to the Building Inspector
an as-built plan prepared and certified by a licensed engineer or
surveyor showing the location of all site improvements as constructed.
Such plan shall be based on a field survey.
B.
Said as-built plan shall be reviewed by the Building Inspector to
determine if it is in compliance with this chapter, the approved final
site plan and related requirements of the Planning Board and any special
permit or variance. Where the Building Inspector determines that the
as-built plan is not in compliance, he shall not issue a certificate
of occupancy unless either the construction is corrected or a revised
site plan is submitted to and approved by the Planning Board.
A.
During construction, the Building Inspector may authorize or require,
at his own determination or upon the request of the applicant, minor
adjustments to the approved site plan when such adjustments are necessary
in light of technical or engineering considerations, the existence
or materiality of which was first discovered during actual construction.
Such minor adjustments shall be consistent with the spirit and intent
of the approved site plan.
B.
Where unforeseen conditions are encountered which require any material
change to an approved site development plan or where the developer
wishes to modify the approved plan for other reasons, an amended site
plan shall be filed with the Planning Board for review and approval
in accordance with the same procedures required for initial applications.
Approval of any final site plan shall expire unless a building
permit or certificate of occupancy is applied for within a period
of 18 months from the date of the signing of the final site plan by
the Planning Board, except where the staging of development over a
longer period has been specifically provided for at the time of site
plan approval. The Planning Board may extend the site plan approval
for not more than two six-month periods.
A.
Fees for site plan approval are listed in the Fee Schedule as adopted
by the Board of Trustees.
B.
If a site plan or any portion thereof is revised to the extent that
it warrants Planning Board reconsideration, a new application fee
shall be required. The amount of such fee shall be determined by the
Planning Board based upon the nature and extent of the changes proposed
but shall not exceed the original application fee.
A.
Landscaping and buffering. All properties subject to site plan review
shall be landscaped with appropriate trees, shrubs and other plant
materials and ground cover, as approved by the Planning Board, to
assure the establishment of a safe, convenient, functional and attractive
site plan requiring a minimum of maintenance.
B.
Landscaping in parking areas.
(1)
Minimum requirements. In off-street parking areas containing more than 25 parking spaces, at least 10% of the internal portion of the parking area shall be landscaped with trees, shrubs and other plant materials to assure the establishment of a safe, convenient and attractive parking facility. At least one street tree, as described in Subsection B(3)(b) below, shall be provided within such parking area for each 10 parking spaces.
(2)
Planting islands. Wherever possible, planting islands at least
eight feet in width and protected by curbing shall be provided to
guide vehicle movement and to separate opposing rows of parking spaces
so as to provide adequate space for plant growth, pedestrian circulation
and vehicle overhang. Such planting islands and the landscaping within
them shall be designed and arranged in such a way as to provide vertical
definition to major traffic circulation aisles, entrances and exits,
to channel internal traffic flow and prevent indiscriminate diagonal
movement of vehicles and to provide relief from the visual monotony
and shadeless expanse of a large parking area. Curbs of such islands
shall be designed so as to facilitate surface drainage and prevent
vehicles from overhanging sidewalks and damaging landscaping material.
(3)
Plant material. Where landscape materials are used to define
traffic movement, the following guidelines shall be used:
(a)
Plant materials shall consist of an attractive combination of
evergreen or broadleaf plants indigenous to the area, as approved
by the Planning Board.
(b)
Street trees shall be thornless honey locust or other variety
approved by the Planning Board and shall be at least three inches'
to 3 1/2 inches' caliper, spaced approximately 25 feet on center
and have branching beginning at a height no less than eight feet above
ground level. Trees with low-growing branches, gum or moisture, seeds
or pods shall be avoided.
(c)
Plants, except for high branching trees, shall be selected to
achieve not more than a three-foot mature height.
C.
Buffer areas.
(1)
Size and location. The approval of any use in a business or
industrial district or any nonresidential use in any residence district
shall include provisions for a buffer screening area at least 25 feet
in width along any lot line abutting or, if determined necessary by
the Planning Board, directly across the street from any lot in a residence
district. This requirement may be waived by the Planning Board in
situations where it determines that large distances, topographic features
or existing vegetation satisfy the same purpose.
(2)
Plant material. Where landscape materials are used for buffer
screening purposes, the following guidelines shall be used:
(a)
When sufficient space is available, a dense screen of evergreen
plant materials shall be used. Materials may include white pine, spruce,
hemlock or arborvitae.
(b)
Plant materials shall be six feet to eight feet in height when
planted and shall be spaced to form an opaque screen either in a single
row or in multiple rows with alternate spacing, as may be determined
appropriate and required by the Planning Board.
(c)
Where limited space is available and where approved by the Planning
Board, stockade or other approved fence may be used in conjunction
with climbing or espaliered plant materials.
A.
General standards. Adequate lighting shall be provided on each site
to ensure safe movement of persons and vehicles and for security purposes.
Lighting fixtures and standards shall be of a type approved by the
Planning Board. All lighting shall be designed and arranged so as
to preclude or minimize glare and reflection on adjacent properties
and streets.
B.
Design standards. The following design standards shall be followed
on all site plans:
(1)
The style of the light and the light standard shall be consistent
with the architectural style of the principal building.
(2)
The maximum height of freestanding lights shall be no higher
than the height of the principal building but shall not exceed 18
feet. The maximum of height may be increased to 25 feet in large parking
areas where the Planning Board finds that such lighting is appropriate
and where such increased height will not be a disturbance to neighbors.
(3)
The source of illumination shall be so shielded that it is not
visible beyond the boundaries of the lot on which it is located.
(4)
Where lights may be visible from adjacent residences or public
streets, the lights shall be appropriately shielded.
(5)
Spotlight-type fixtures attached to buildings shall not be permitted.
(6)
Freestanding lights shall be so located and protected as to
prevent damage by vehicles.
(7)
Lighting shall be located along streets, parking areas, at intersections
and where various types of circulation systems merge, intersect or
split, as required by the Planning Board.
(8)
Pathways, sidewalks and trails shall be lighted with suitable
low or pedestrian-type standards.
(9)
Exterior stairways, sloping or rising paths and building entrances
and exits shall be suitably illuminated for safety purposes.
(10)
The lighting intensities listed below shall be used as a general
design guide. The Planning Board may vary these criteria where the
Board finds such a variation is appropriate and where such variations
will not be a disturbance to neighbors.
