[HISTORY: Adopted by the Town Board of the Town of Shelter
Island 3-26-2011 by L.L. No. 3-2021[1]. Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 109,
Site Plan Review, adopted 9-15-2017 by L.L. No. 9-2017.
The purpose of this chapter is to create a simple review process
that allows the Town to ensure that new or changing businesses do
not negatively impact the surrounding area but which does not impose
a significant regulatory burden on business. To this end, both the
elements and the procedures are intended to be flexible and scalable
based on the needs of the individual project. This is not intended
to be an architectural or aesthetic review.
A.
When required. This chapter shall apply and a site plan review shall
be required when any business within the Town of Shelter Island:
(1)
Commences operation; or
(2)
Significantly changes, alters or expands their use or intensity of use of premises in a manner that will significantly affect the characteristics of the site as outlined in § 109-3A; or
(3)
Applies for a building permit for any use, building or structure,
except the single-family or two-family home use on a single and separate
lot, customary accessory uses to single-family or two-family residential
home use as stated in the Town Code.
B.
Replacements and repairs. In-kind and in-place, minor or periodic
repairs and similar projects that do not significantly alter the characteristics
of the site may be approved by the Building Department without the
need for a formal site plan review so long as they otherwise conform
to any other the applicable codes.
C.
Scalability. It is the intent of this chapter to allow for scaling
the scope and intensity of each individual review to match the complexity
of the proposed project or venture while keeping the procedure simple
and consistent for all applicants.
D.
Early intervention. The Town aims to improve communication and understanding
early in the process in order to save time, money and effort for the
applicants, their architects and/or engineers. As part of the initial
review process, the Building Department shall identify any and all
possible issues that are subject to review and shall require that
the applicant address only those procedures and standards applicable
to the individual project.
E.
Fairness. It is the intention of this chapter to recognize that time
is often of the essence in commencing or rehabilitating a business
and by way of early intervention, communication and collaboration
ensure that while a full and complete review is conducted, that it
does not unnecessarily delay or burden the applicant.
A.
Determining factors. In considering and acting upon site plans, the
following shall be taken into consideration for the general public
health, safety and welfare, the comfort and convenience of the public
in general and the residents of the immediate neighborhood in particular,
and the Town may prescribe appropriate conditions and safeguards as
may be required in order that the result of its action may, to the
maximum extent possible, further the expressed intent of this chapter
and the accomplishment of the following objectives in particular:
(1)
Traffic. All proposed traffic accessways are adequate in number,
width, grade, alignment and visibility, are located in proper relationship
with intersections, pedestrian crossings and places of public assembly,
permit emergency vehicle access and are in conformance with and do
not disturb overall traffic pattern safety considerations.
(2)
Interior circulation and parking. Adequate off-street parking, handicap parking, and loading spaces are provided to satisfy the parking needs of the proposed uses on site and the provisions of §§ 133-8B(8) and 133-9F(1) of the Town Code, and the interior circulation system is adequate to provide convenient access to such spaces consistent with pedestrian safety.
(3)
Landscaping and screening. All required service, storage and similar
areas are appropriately screened from view and to provide a noise
buffer.
(4)
Existing development, Comprehensive Plan and prior stipulations.
The development proposed is at a scale and density consistent with
existing development, with the Comprehensive Plan of the Town of Shelter
Island and with all prior zoning variances, wetlands permits, special
permits and stipulations.
(5)
Natural features and environmental concerns. Due regard shall be
paid to all-natural features and the general environmental impact
on and adjacent to the site, including but not limited to wetlands,
water bodies, drainage courses, wetlands, marshes, dunes, bluffs,
beaches, escarpments, woodlands, large trees, land clearing, unique
or endangered plant and wildlife habitat and flood hazard areas.
(6)
Cultural features. Due regard shall be paid to all cultural features
on and adjacent to the site, including but not limited to archaeological
and paleontological remains, old trails, historic buildings and sites
and agricultural fields.
(7)
Pavement. All plazas and other paved areas intended for use by pedestrians
shall use such pavement and plant materials so as to encourage their
use by pedestrians during all seasons of the year and prevent the
creation of vast expanses of pavement.
(8)
Lighting. All outdoor lighting is of such nature and so arranged and, if necessary, timed, so as to preclude the projection of direct light and glare onto adjoining properties and streets and shall be in compliance with Chapter 83, Lighting, of the Town Code.
(9)
Drainage. The drainage system and layout proposal will afford an
adequate solution to any drainage problems. Any construction activities
involving soil disturbance of more than one acre shall be in compliance
with the provisions of the New York State MS4 program, all NYSDEC
regulations and this chapter.
(10)
Public utilities. The plans for water supply and sewage disposal
are adequate. Installation of a nitrogen reducing septic system.
(11)
Public address or sound system. Any sound or public address system shall be such that no sound from a system shall be audible on adjoining properties or on the adjacent street and shall be in compliance with this chapter, and Chapter 92, Noise, of the Town Code.
(12)
Handicapped access (ADA compliance). The plan and building design
shall accommodate the needs of the handicapped and be in conformance
with the state standards for construction concerning the handicapped.
(13)
Energy conservation. The site plan and building design shall
maximize the conservation of energy and ensure compliance with the
New York Energy Code.
(14)
Size. The size of the subject parcel and the extent of the proposed
development and/or disturbance of the applicant's premises.
B.
Burden sharing. Nothing herein shall preclude the Town Board from
requesting that the applicant attempt to enlist neighboring properties
to participate in the construction of joint or shared improvements,
such as parking, access or drainage, provided that a problem has been
identified which can be mitigated only by joint action and an implementation
plan has been formulated to institute said mitigation.
A.
Determination of necessity. Within 10 days of receipt of an application for a building permit or any inquiry from an applicant regarding a new business or a change of use, the Chief Building Inspector or his/her designee shall make a written determination as to whether a site plan review is required pursuant to § 109-2A based upon the factors set forth in § 109-3, which shall be forwarded to the Town Board for consideration at the next work session.
B.
Application required. If site plan review is necessary, the applicant
will be required to submit an application for site plan review through
the Town Clerk.
A.
Where additional Town Board permits are required for a project undergoing
site plan review, such permits may be heard simultaneously with the
site plan review. Separate hearings shall not be required.
B.
Any permit or variance that is required to be obtained from the Planning
Board or Zoning Board of Appeals must be heard separately by those
boards.
C.
Where multiple permits are considered simultaneously, a single resolution
shall suffice to address all permits.
A.
Submittal of application. Site plan review shall commence with an
applicant submitting a site plan review application and the applicable
fee to the Town Clerk. The submission shall include two full-size
copies and a digital copy (in PDF form or any other electronic standard
requested by the Building Department) of all documents.
B.
Site plan application elements. A complete site plan application
shall consist of the following and shall contain one hard copy and
one electronic copy in .pdf format:
(1)
A completed site plan application form and site plan review fee.
(2)
An environmental assessment form, Part 1, where required by Chapter 60, Environmental Quality Review, of the Town Code. (No application shall be deemed complete until either a negative declaration has been made for the application or, if a positive declaration is made, until a draft environmental impact statement has been accepted by the Town Board as satisfactory.)
(3)
A site plan (see Appendix[1]).
(a)
The applicant shall submit a site plan map at a minimum scale
of one inch equals 40 feet prepared by a New York State licensed architect,
landscape architect, professional engineer or surveyor that shall
include the relevant elements as shall be required by and available
from the Building Department.
(b)
The Building Department, at its discretion, shall have the authority
to allow the site plan to omit any elements not necessary for making
an initial determination. However, the Town Board may later require
that such omitted information be provided even if initially omitted
as not relevant.
(c)
Nothing within this section shall prevent the Building Department
or Town Board from requiring additional elements to be submitted at
any time in support of an application if it is determined that other
information is necessary to determine conformity of the proposed site
plan with the spirit and intent of this chapter.
[1]
Editor's Note: The Appendix is included as an attachment to this chapter.
(4)
Any other information required by the Building Department.
C.
Completion review.
(1)
Within 10 business days following receipt of a site plan review application,
the Building Department shall, at its sole discretion:
(b)
Deem the application complete or request further information
or amendments from the applicant by first class mail or email. (Responses
to requests for further information or amendments shall be reviewed
by the Building Department and responded to within 10 business days.)
D.
Substantive review.
(1)
Within 15 business days of deeming an application complete, the Building
Department shall:
(a)
Determine whether the proposed site plan complies with any and
all applicable codes; and
(b)
Determine whether a zoning variance, wetlands permit or special permit is necessary pursuant to the requirements of all provisions of Chapter 133, Zoning, or Chapter 129, Wetlands.
[1]
If a zoning variance is necessary, it must be determined before
a full site plan review can be conducted but shall not prevent conditional
approval.
(c)
Specify the areas of concern in the submitted plan based on the factors contained in § 109-3 and prepare a written synopsis of all the applicable sections of the site plan review, specific to the particular project, with recommendations as to requirements to impose;
(d)
Notify the applicant of any deficiencies (Responses to requests
for further information or amendments shall be reviewed by the Building
Department and responded to within 10 business days.); and
(e)
Forward this synopsis and recommendations to the Town Board.
E.
Conditional approval.
(1)
Upon receipt and review of an application, the Building Department
may, upon request and at its own discretion, with written notice to
the Town Board, issue temporary conditional approval for a business
to operate under the proposed site plan, subject to the following:
(a)
The applicant must consent to the conditional site plan in writing;
and
(b)
The applicant must provide proof of liability insurance with
a per-occurrence limit of at least $1 million; and
(c)
The applicant shall agree in writing to make any changes contained
in the final site plan or discontinue the use proposed in the site
plan; and
(d)
The conditional approval may be revoked by the Building Department
at any time for any violation of the Town Code or for failing to comply
with the proposed site plan; and
(e)
The Building Department shall advise the Town Board of all relevant
terms of the conditional approval at the first available work session.
(2)
Conditional approval shall not extend to permitting the construction
of any structure that would be difficult or impossible to alter or
remove should such action be later ordered.
(3)
Conditional approval may be granted for a specified period of time
or until such time as the final site plan is approved by the Town
Board.
(4)
The conditional approval shall be superseded by the final site plan
once the latter is approved by the Town Board.
F.
Delivery.
(1)
Once the Building Department has submitted its synopsis:
(a)
The Town Clerk shall deliver electronic copies of the application
and synopsis to:
[1]
All members of the Town Board and the Town Attorney; and
[2]
All participants in the initial review meeting; and
[3]
Any other municipal or county agency or district that has jurisdiction
or that is potentially affected by the proposed development, as deemed
necessary by the Building Department or the Town Board.
G.
Initial review meeting. If the Building Department determines that
a site plan review is necessary, an initial conference shall be scheduled
to be conducted within 15 business days.
(1)
Required representation:
(a)
The applicant or their representative(s); and
(b)
A representative of the Building Department; and
(c)
A representative of the Town Board; and
(d)
A representative of the Planning Board; and
(e)
A representative of the Zoning Board; and
(f)
A representative of the Conservation Advisory Council; and
(g)
Any other person that the Town Board deems necessary.
(3)
Ultimate authority. If the representatives at the initial review
meeting are unable to agree upon any issue, it shall be decided by
the Town Board.
H.
Analysis.
(1)
The Town Board, at its discretion, may refer the site plan to any
Town department, board or committee whose expertise it believes would
be helpful in evaluating the material presented and the issues to
be determined.
(2)
Any department, board or committee to whom any information is referred
for review must provide a response to the Town Board in a timely manner
not to exceed 15 business days.
I.
Public hearing.
(1)
The Town Board shall fix a time and place for a public hearing and
shall provide for giving notice of the hearing by publishing a notice
in the official newspaper at least 10 calendar days prior.
(2)
At least 10 calendar days prior to the hearing, the applicant shall
mail notice of the time, date, place and nature of the hearing to
the owners of record of every property which abuts and every property
which is within 200 feet of the property involved in the application.
Such notice shall be made by certified mail and be addressed to the
owners at the addresses listed for them on the local assessment roll.
On or before the commencement of the public hearing, the applicant
shall file a radius map prepared by a professional engineer, surveyor
or architect and an affidavit with postal receipts annexed thereto
confirming mailing of said notices.
(3)
The applicant or his agent shall also erect or cause to be erected
a sign or signs which shall be displayed on the parcel upon which
the application is made, facing each public street on which the property
abuts, giving notice that an application has been made to the Town
Board, and stating the time and place where the public hearing will
be held. The sign(s) shall not be located more than 10 feet from the
street line, and shall not be less than two feet nor more than six
feet above the natural grade at the street line. The sign(s) shall
be displayed for not less than 10 calendar days immediately preceding
the public hearing date. The applicant shall file an affidavit with
the Town Board that he has complied with the provisions of this subsection.
Failure to submit such affidavit shall result in the adjournment of
the public hearing.
(4)
A public hearing shall be conducted as scheduled, at which time the
applicant and all interested parties shall be given the opportunity
to address the Town Board and ask and answer questions at the meeting
where the presentation is made.
J.
Voting.
(1)
Approval of a site plan shall require a simple majority. At its discretion,
the Town Board may vote on the application at any time after the public
hearing has concluded. If it is determined that further information
is necessary to render a decision, the matter may be adjourned to
the next regular meeting of the Town Board or to a special meeting.
K.
Notice of decision.
(1)
Within seven calendar days of the vote on the application, the Town
Clerk shall notify in writing the Building Inspector, the applicant,
and any other party designated by the Town Board, of its approval,
approval with modifications or disapproval.
(2)
A statement shall be placed on all written determinations for site
plans approved by the Town Board to the effect that the owner(s) agree(s)
to comply with the plan and all conditions noted thereon. The owner(s)
or a bona fide agent responsible for completion of the work shall
be required to sign such statement and provide such guaranty before
any approved plans will be released by the Town Board. In the event
that the site plan is not signed by the owner or his agent within
45 calendar days of the date of the written determination of the Town
Board approving the administrative site plan, said written determination
shall be deemed null and void.
L.
Ultimate authority. The Town Board is the ultimate authority in determining
site plan review and nothing in this chapter shall prevent the Town
Board from assuming jurisdiction over the process at any time or waiving
any requirement in the application or review process that is not mandated
by Suffolk County, New York State or federal law, statute or regulation.
A.
Any proposed amendment to the site plan must be approved by the Town Board pursuant to the procedure set forth in § 109-10, except that those site plans incorporating amendments made at the direction of the Town Board may be approved by the Building Inspector upon submission to the Building Department.
B.
Neither a site plan nor amended site plan shall be required as part
of a submission for a subsequent building permit so long as site conditions
have not changed since the submittal of the most recently approved
site plan on file in the Building Department.
A.
In all cases where site plan approval is required by this chapter,
no building permit shall be issued by the Building Inspector except
upon authorization of and in conformity with plans approved by the
Town Board.
B.
No other work that destroys the natural topography of the site may
take place until site plan approval or written permission has been
received from the Town Board. The Town Board reserves the right to
require corrective regrading and landscaping should a landowner intentionally
proceed with this work prior to approval or written permission.
C.
No certificate of occupancy shall be issued until all requirements
of site plan approval have been completed or an undertaking to complete
them, with a cash deposit or other surety acceptable to the Town Board,
shall have been given to and accepted by the Town Board. Such undertaking
shall provide for completion on or before a certain time and, unless
such time is extended by resolution of the Town Board, if the requirements
of site plan approval have not been completed by such date, any certificate
of occupancy which shall have been issued shall automatically become
null and void. The determination of the Town Board whether such requirements
have been completed shall be based on a recommendation from the Building
Department and shall be final and binding where the same have not
been completed before issuance of the certificate of occupancy.
A.
For the purpose of obtaining approval for construction, an approved
site plan shall be valid for a period of two years from the date of
approval unless a building permit is obtained.
A.
Applicants shall submit the requisite fees with an application for
a site plan or amended site plan, in an amount established from time
to time by resolution of the Town Board.
A.
The provisions of this chapter shall be enforced by the Building
Inspector or by any Code Enforcement Officer of the Town of Shelter
Island.
A.
An offense against the provisions of this chapter shall constitute
a violation under the Penal Law and shall be punishable by a fine
of not less than $250 and not more than $1,000 or by imprisonment
for not more than 15 days, or both.
B.
Any violation of this chapter that is not corrected within 30 days
of receipt of a notice of violation may be charged as a separate and
distinct violation.
C.
The Town may require removal of any structure constructed in violation
of this chapter and may order the discontinuance of any use not permitted
under the terms of the site plan review.
