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]
Name
Date
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:
(1) 
Hillcrest-Moleston Fire Department.
(2) 
Rockland County Drainage Agency.
(3) 
New York State Department of Transportation.
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)]
H. 
Special permit applications. Where special permit approval is required for the proposed use under Articles V and VI of this chapter, insofar as practicable the special use permit and site plan approval procedures shall run concurrently.
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.
(a) 
Shopper parking: an average of 1.0 footcandle.
(b) 
Long-term parking: an average of 0.75 footcandle.
(c) 
Intersections: 2.0 footcandles.
(d) 
Maximum at property lines: 0.6 footcandle.
(e) 
In residential areas: an average of 0.6 footcandle.
(11) 
Lighting for signs shall comply with the requirements of § 290-116 of this chapter.