This chapter shall be known and cited as the "Village of Sands Point Site Plan Review Law."
[HISTORY: Adopted by the Board of Trustees of the Village of Sands Point 10-22-1996 by L.L. No. 2-1996; amended in its entirety 12-18-2024 by L.L. No. 1-2025. Subsequent amendments noted where applicable.]
A.
For purposes of this chapter, the following terms shall have the meanings as defined in § 1-100 of the Village Code: Alteration, Building, Building Permit, BZA, Certificate of Completion, Certificate of Occupancy, Driveway, Gross Floor Area, Land Development Activity, Major Structural Alteration, Owner, Private Road, Private Street, Public Street, Sign, Structure, SWPPP, Tree, Village, Village Board, and Village Code.
A.
The Village Board of the Village hereby finds that in order to ensure that future land use, development, and construction activities within the Village will have a harmonious relationship with the existing or permitted use of contiguous land and with surrounding neighborhoods, and to otherwise promote the health, safety, general welfare, comfort, and convenience of the Village and its residents, site plans for Major Structural Alterations and new land use, development, and construction activities proposed within the Village should be subject to review by the BZA in accordance with the provisions of this chapter.
B.
It is, therefore, the intent of the Village Board, and the purpose of this chapter, to establish a procedure for site plan review of Major Structural Alterations and for new land use, development, and construction activities proposed within the Village consistent with and pursuant to § 7-725-a of the Village Law of the State of New York, and to authorize and provide the BZA with appropriate standards in its review of all site plans for compliance with certain site plan elements, which include, where appropriate, those relating to parking, means of access, traffic, screening, lighting, signs, landscaping, architectural features, location and dimension of Buildings, adjacent land uses, and physical features meant to protect adjacent Buildings and land uses, as well as any additional site plan elements specified herein.
A.
Pursuant to Village Law § 7-725-a, the BZA is hereby authorized pursuant to § 132-3C of the Village Code to review and approve, approve with modifications, or disapprove site plans submitted in accordance with the standards and procedures set forth in this chapter.
B.
Upon approval of a site plan, the BZA may impose reasonable conditions and restrictions as are related to and incidental to the proposed site plan. Thereupon, such imposed conditions must be met before the issuance of permits by applicable enforcement agencies or officials of the Village.
C.
The BZA shall have jurisdiction over all site plan review applications.
D.
Reserved.
A.
Except as otherwise provided in the Village Code, the following applications for land use, development, and construction activities within the Village shall require site plan review and approval:
(1)
All new dwellings or other principal structures and land uses permitted in the Residence A District, Residence B District, and Residence C District.
(2)
All Buildings, Structures, and land uses accessory to a residential land use permitted in the Residence A District, Residence B District, and Residence C District prior to the issuance of a Certificate of Occupancy for the principal Building or Structure.
(3)
All Buildings, Structures, or land uses accessory to a nonresidential land use permitted in the Residence A District, Residence B District, and Residence C District.
(4)
All new Buildings, Structures, or land uses for which a use variance has been granted.
(5)
Any Major Structural Alteration or any Alteration that exceeds a Gross Floor Area limitation imposed by a decision of the BZA.
(6)
Any reconstruction of a principal Structure damaged by fire or other incident where the reconstructed area equals or exceeds 50% of the Gross Floor Area of the Structure at the time the damage occurred.
B.
No Building Permit for a Building or Structure subject to site plan review shall be issued by the Building Department, except upon authorization of, and in strict conformity with, a site plan approved by the BZA.
C.
Modification to an approved site plan.
(1)
Except as provided in Subsection D hereof, in the event that a modification is proposed to an approved site plan which has not been issued a Certificate of Occupancy or Certificate of Completion, an application for site plan review of the modified plan must be made to, and approved by, the BZA before a Building Permit for the modified plan may be issued.
D.
Minor modification to an approved site plan. An application to amend or modify an approved site plan which has not been issued a Certificate of Occupancy or Certificate of Completion will not require site plan review by the BZA if, in the unanimous opinion of the Building Commissioner and two members of the BZA appointed by the Chairman of the BZA for such purpose, the amendment or modification does not cause any material change in the overall design, layout, or appearance of the site. Upon such determination, a Building Permit may be issued upon compliance with all other applicable requirements.
E.
Exception from site plan review and approval.
(1)
An Owner may qualify for an exception from site plan review and approval under § 132-4A(5) of the Village Code, if the Owner demonstrates to the Building Commissioner, or their designee, each of the following factors:
(a)
The size of the principal Structure when built was less than 50% of the maximum Gross Floor Area permitted under the Village Code for the district in which the Structure is situated;
(b)
The proposed addition is less than 10% of the Gross Floor Area of the existing principal Structure;
(c)
The Owner has performed no more than one prior addition to the existing principal Structure at the premises, and that if a prior addition was performed, the Gross Floor Area of the then existing principal Structure was increased by less than 10% of the Gross Floor Area of the existing principal Structure at that time;
(d)
The Owner acquired the premises at issue in an arms-length transaction for use as the Owner's residence and not for investment purposes; and
(e)
There are no other discretionary BZA approvals required in connection with the construction project.
(2)
If the Building Commissioner, or their designee, finds in their discretion that the factors set forth in § 132-4E(1) of the Village Code have been met, then the application will be referred to the Village Board and placed on the agenda for the next regularly scheduled public meeting for consideration. The decision as to whether an exception pursuant to § 132-4E(1) of the Village Code should be granted shall be solely within the legislative discretion of the Village Board. The Village Board may consider all factors that it deems relevant in order to make such a determination.
A.
Applications for site plan approval shall be submitted to the Village Clerk, as Secretary of the BZA, after appropriate review of a Building Permit application by the Building Department and at least 30 days prior to the BZA meeting at which the site plan is to be considered and, except as otherwise provided herein, shall include 12 copies of each of the following items, to be submitted in separate and complete sets:
(1)
Application form for site plan review, in form and substance satisfactory to the Building Department.
(2)
Site survey, showing all existing Structures, prepared, signed, and sealed by a licensed land surveyor.
(3)
Site plan for the proposed land use, drawn at a scale of not less than one inch equals 20 feet, signed and sealed by a licensed architect or engineer, and which shall include the following information:
(a)
A title block located in the lower right-hand corner of the site plan and shall include the name and address of the applicant and record Owner of the property, the property's designation on the Nassau County Land and Tax Map, and the title of the project. If the applicant or Owner is a corporation, the name and address of the president and secretary shall be submitted with the application.
(b)
A date block of the site plan adjacent to the title block containing the date of preparation and dates of all revisions.
(c)
A key map showing the location of the property with reference to surrounding areas and existing street intersections within 1,000 feet of the boundaries of the subject premises.
(d)
A written and graphic scale, as well as a North arrow.
(e)
Zoning District boundaries shall be shown on the site plan as they affect the parcel.
(f)
Survey data showing boundaries of the property, required building and setback lines and lines of existing and proposed streets, lots, reservations, easements, and areas dedicated to public use, including grants, restrictions, and rights-of-way.
(g)
Reference to any existing covenants, restrictions, easements, or exceptions that are in effect or are intended to cover all or any of the property. A copy of such covenant, restriction, easement, or exception shall be submitted with the application. If there are no known covenants, deed restrictions, easements, or exceptions affecting the site, a notation to the effect shall be indicated on the site plan map.
(h)
Location of existing Structures on the site. The plan shall contain a notation indicating any Structures that are to be removed.
(i)
All distances, as measured along the right-of-way lines of existing streets abutting the property, to the nearest intersection with any other street.
(j)
Location plans and elevations of all proposed Structures.
(k)
Location of all existing and proposed Driveways, walkways, and impervious surfaces located on the property.
(l)
Location of all existing storm drainage structures, soil erosion and sediment control devices, utility facilities, including electric, water, telephone, and cable television, which are located within the property lines.
(m)
Existing and proposed contours according to United States Geodetic Survey Datum at intervals not to exceed two feet. Existing contours are to be indicated by solid lines; proposed contours are to be indicated by dashed lines.
(n)
Existing elevations of the road or right-of-way contiguous to the site.
(o)
The location of all existing significant natural features, such as boulders, rock outcrops, watercourses, depressions, ponds, marshes, and other wetlands, whether or not officially mapped.
(p)
All proposed Public Streets, Private Streets, or Private Roads, with profiles indicating grading and cross sections showing width of roadway, location and width of sidewalk, if any, and location and size of utility lines.
(q)
All means of vehicular ingress and egress to and from the site onto Public Streets, Private Streets, or Private Roads showing the size and location of Driveways and curb cuts and sidewalks, if any.
(r)
All provisions for pedestrian access to the site and internal pedestrian circulation.
(s)
The location and design of any off-street parking areas, loading or outdoor storage areas.
(t)
The location of all proposed water lines, valves, hydrants, and all sewer lines or alternative means of water supply or sewage disposal and treatment.
(u)
The proposed location, direction of illumination, power, and time of proposed outdoor lighting.
(v)
The location, design, and type of construction of all proposed Signs.
(w)
The proposed stormwater drainage system.
(x)
Structural elevation calculations.
(y)
Zoning calculations.
(z)
Illustration of all proposed structures as they relate to sky exposure plane.
(aa)
Delineation of Floodplain Zone as shown on the Flood Insurance Rate Map prepared by the Federal Emergency Management Agency and adopted by the Village.
(bb)
Delineation of Coastal Erosion Hazard Area, if the property is located within the Village-designated Coastal Management Zone.
(cc)
Delineation of tidal and freshwater wetlands areas as designated by the New York State Department of Environmental Conservation.
(4)
Landscaping plan, drawn at a scale of not less than one inch equals 20 feet and which contains the following information:
(a)
Outlines of all existing and proposed Structures, Driveways, walkways, and impervious surfaces to be located on the property.
(b)
The location of all existing significant natural features, such as boulders, rock outcrops, watercourses, depressions, ponds, and marshes.
(c)
The location of all Trees, identified by type or species and size, bearing a truck circumference greater than 20 inches measured at a point four feet six inches above ground level.
(d)
The location of all Trees, shrubs, and/or any vegetation, identified by type or species, which are to be removed.
(e)
The location of all Trees, shrubs, and/or any vegetation, identified by type or species, which are to be preserved.
(f)
Location of all Trees, shrubs, and/or other vegetation, identified by size, height, type, and species, which are to be provided.
(g)
A separate list of all Trees and shrubs identified by size, height, type, and species that are to be removed and/or to be provided.
(5)
Photographs (two sets only) of existing Structures of the property and surrounding landscaping/screening.
(6)
Environmental assessment form completed and signed by the Owner.
(7)
Original Building Permit application which was reviewed by the Building Department.
(8)
Building Department's memorandum of review.
(9)
Identification of all required permits or approvals from the Village or any other governmental body, and a record of application for and status of such permits or approvals.
(10)
Radius map showing all properties within 200 feet of the subject property, and a list of property owners and addresses as shown on the latest assessment roll for all parcels identified on the radius map.
(11)
Certificate of title and deed(s) for the existing lot(s).
(12)
Letter from the Sands Point Water District regarding availability of water to the site (for new Structures only).
(13)
All appropriate permit fees, charges, and deposits required by the Village pursuant to Chapter 82 of the Village Code.
(14)
Any other information found by the BZA or Building Department to be necessary to reasonably determine compliance of the site plan with this chapter and Village Law, § 7-725-a.
B.
The Building Department may waive any of the above requirements it determines to be unnecessary for the appropriate review of a particular application but such waiver shall not be binding upon the BZA.
A.
In reviewing any application for site plan approval, the BZA shall be guided, as appropriate, by the following general and specific considerations:
(1)
The location, arrangement, size, design, and general site compatibility of Buildings and Structures.
(2)
The adequacy and arrangement of vehicular access and circulation. All Driveways to a Public Street, Private Street, or Private Road, shall be so located to afford maximum safety to said roadway and to provide for safe and convenient ingress and egress and to minimize conflict with the flow of traffic, and shall be designed to permit emergency vehicles and service vehicles, such as delivery trucks, solid waste collection vehicles and the like to have reasonable access to and space for their intended functions.
(3)
The adequacy and arrangement of off-street parking, loading, and outdoor storage.
(4)
The adequacy and arrangement of pedestrian traffic access and circulation.
(5)
The adequacy of stormwater and drainage facilities. Pursuant to Chapters 73 and 139 of the Village Code, provisions shall be made for the drainage of surface runoff waters in and from the premises so that flooding and erosion of the property and the property of others will be prevented.
(6)
The adequacy of water supply and sewage disposal facilities.
(7)
The adequacy, type, and arrangement of Trees, shrubs, and other landscaping and natural screening constituting a visual and/or noise buffer between the Owner's and adjoining lands, including the maximum feasible retention of existing vegetation.
(8)
The adequacy of fire lanes and other emergency zones and the provision of fire hydrants.
(9)
Protection of adjacent or neighboring properties against noise, glare, unsightliness, and nuisances.
(10)
The overall impact of the proposed development on the neighborhood and surrounding uses, including compatibility of architectural and design considerations.
B.
The BZA shall not approve a site plan application unless it finds affirmatively that the Building or Structure, if constructed, erected, reconstructed, or altered in accordance with the submitted plan, will not:
(1)
Be visually offensive or inappropriate by reason of poor quality of exterior design, monotonous similarity, or striking visual discord in relation to the sites or surroundings;
(2)
Mar the appearance of the area;
(3)
Impair the use, enjoyment and desirability and reduce the value of properties in the area;
(4)
Be detrimental to the character of the neighborhood;
(5)
Prevent the most appropriate development and utilization of the site or of adjacent land; and
(6)
Adversely affect the functioning, economic stability, prosperity, health, safety, and general welfare of the entire community.
The BZA shall conduct a public hearing with regard to every application for site plan review within 62 days of the date the application is found to be complete by the BZA.
A.
Before the application will be heard, the Owner must provide notice of the public hearing to property owners as shown on the latest assessment roll within a radius of 200 feet of the subject property, in the manner provided herein, and must file an affidavit as to the service of such notice in accordance with this section with the Village not less than five days before the public hearing. The notice of public hearing shall be served to each affected owner identifying the subject property, enclosing the official Village notice, and the date, time, and place for the public hearing. The notice of public hearing shall be served not less than 10 nor more than 20 days before the public hearing by first-class mail, and by certified mail return receipt requested or by a nationally recognized courier that can provide proof of delivery.
B.
The Village shall cause a notice of the public hearing to be published in an official newspaper of the Village at least five days prior to the public hearing.
A.
The BZA shall render a decision on each site plan application within 62 days after the public hearing portion of the review procedure is closed.
B.
The BZA's decision shall be filed in the office of the Village Clerk within five business days after such decision is rendered and a copy mailed to the applicant.
C.
The time period in which the BZA must render its decision may be extended by mutual consent of the Owner and the BZA.
Any person aggrieved by a final site plan determination by the BZA may apply to the Supreme Court for review by a proceeding under Article 78 of the Civil Practice Law and Rules. Such proceedings shall be instituted within 30 days after the filing of a decision in the office of the Village Clerk.
Any requirement for the approval or approval with modifications and/or conditions of site plans submitted for approval may be waived by the BZA, upon a finding that such requirement is not in the interest of the public health, safety, or general welfare, or is inappropriate to a particular site plan.
The BZA may, consistent with this chapter, adopt such further rules and regulations, after public hearing, as it deems reasonably necessary to carry out the provisions of this chapter.
Where a proposed site plan contains one or more features which do not comply with the bulk and area requirements of Chapter 176, Zoning, applications may be made directly to the BZA for an area variance, without first obtaining a final decision or determination by the Building Department.
A.
Until a Certificate of Occupancy or Certificate of Completion has been issued with respect to each construction, reconstruction, Alteration, addition, or improvement contained within an approved site plan, the BZA shall have continuing jurisdiction to review and act upon a site plan, including any and all amendments to the approved site plan.
B.
The BZA shall review and act upon an application for an amendment to an approved site plan in the same manner as the review of an original site plan.
C.
In the event that it is determined that unauthorized changes have been made to an approved site plan, the BZA may rescind its prior site plan approval in its entirety or in part.
Unless otherwise indicated, all construction, reconstruction, Alterations, additions, improvements, or the placement, relocation, or removal of fill in excess of 50 cubic yards, included in or required by a proposed site plan, shall comply with all other applicable ordinances, local laws, rules, and regulations of the Village and any other governmental entity.
A.
Any agent, Owner, contractor, or tenant violating any of the provisions of this chapter, shall, upon conviction thereof, be subject to a fine not exceeding $10,000 for each violation, regardless of any convictions for prior violations. If the violation is of a continuing nature, each day during which any of these offenses occurs shall constitute an additional, separate, and distinct offense.
B.
In the event the penalty sought is within the monetary jurisdiction of the Justice Court, as established in Article 18 of the Uniform Justice Court Act, such action to recover such penalty may, as shall be determined by the Village Attorney, be commenced in the appropriate court as a small claim action.
C.
The imposition of a penalty or fine as provided above or as specifically provided in any chapter of the Village Code or local law, ordinance, rule, or regulation of the Village shall be in addition to any injunctive or remedial relief for any civil penalty which is authorized under the laws of the Village, with the same force and effect as though provided for herein. Such penalty or fine shall not be deemed to be in lieu of any provision for the revocation or suspension of any license or permit.
A.
The BZA may condition site plan approval upon the Owner or applicant's submission to the Village Clerk of a cash deposit, performance bond, or irrevocable letter of credit, in an amount determined by the BZA after recommendation from the Village Engineer, which amount shall be sufficient to ensure that all improvements and landscaping, as shown on the approved site plan, shall be completed and to ensure against damage to the infrastructure, including Public Streets, Private Streets, Private Roads, and drainage structures.
B.
If public improvements are required, a separate cash deposit, performance bond or irrevocable letter of credit, in an amount determined by the BZA after recommendation from the Village Engineer, which amount shall be sufficient to ensure that all required public improvements shall be completed.
C.
Any bond required to be posted in connection with a site plan approval shall include the language set forth in § 82-14 of the Village Code.
D.
No performance bond or irrevocable letter of credit shall be accepted by the Village Clerk unless approved as to form and substance by the Village Attorney.
Site plan approval shall automatically terminate one year after the resolution granting approval is filed in the office of the Village Clerk, unless a Building Permit has been issued thereon.