[HISTORY: Adopted by the Town Board of the
Town of Babylon 8-16-1994 by L.L.
No. 14-1994.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Environmental Conservation Commission — See Ch. 18.
Department of Environmental Control — See Ch. 20.
Building construction — See Ch. 89.
Coastal erosion hazard areas — See Ch. 99.
Environmental quality review — See Ch. 114.
Excavations — See Ch. 117.
Flood damage control — See Ch. 125.
Freshwater wetlands — See Ch. 128.
Preservation of historic areas — See Ch. 137.
Multiple dwellings — See Ch. 153.
Sewers — See Ch. 181.
Streets and sidewalks — See Ch. 191.
Zoning — See Ch. 213.
[1]
Editor's Note: This local law also repealed
former Ch. 186, Site Plan Review, adopted 2-15-1977 by L.L. No. 1-1977,
as amended.
A.
Pursuant to § 274-a of the Town Law, the
Town Board herein enacts this chapter to regulate the review of site
plan applications and the issuance of site plan approvals, denials,
approvals with modifications and approvals with conditions.
B.
The Town Board finds that reasonable supervision and control over the layout and design of certain sites is necessary to provide for community health, safety and welfare. While a designated use may be appropriate for a certain zoning district or even a particular parcel, control over layout and design of the site must be effected in order to integrate the site into the surrounding community and to obviate, or at least substantially mitigate, negative effects a particular developmental proposal could or would engender. Further, the regulations provided in Chapter 213, Zoning, do not provide the type of site-specific review necessary to assure those ends. Accordingly, the Town Board finds that, in the circumstances set forth below, proposals for site development or redevelopment must be reviewed and approved prior to the issuance of any building permit or certificate of occupancy respecting such development or redevelopment.
C.
The Board also finds that the site plan review process
must be designed to both protect, preserve and advance the interests
of the community and to encourage positive economic development within
the Town. While community interests must not be sacrificed, it also
must be recognized that excessive, duplicative or unnecessary administrative
proceedings serve only to chill economic growth. The underlying aim
of this chapter is to provide control over construction in a manner
which prevents negative construction and encourages positive community
and economic development.
As used in this chapter, the following terms
shall have the meanings indicated:
The Commissioner of the Department of Planning and Development.
The duly constituted seven-member Planning Board of the Town
of Babylon, and up to three alternate members to serve when a member
has a conflict of interest or is absent or where there is a vacancy.
The Town Board intends to supersede § 271(15) of the Town
Law which allows alternates only where a conflict of interest exists.
[Amended 4-26-2005 by L.L. No. 5-2005]
A rendering, drawing or sketch prepared to all relevant specifications
and containing necessary elements, as set forth in this chapter, which
show the arrangement, layout and design of the proposed use of a single
parcel of land as shown on said plan. Plats showing lots, blocks or
sites which are subject to review pursuant to authority provided for
the review of subdivisions under § 276 of the Town Law shall
continue to be subject to such review and shall not be subject to
review as site plans under this chapter. However, this chapter shall
apply in the case of any proposal which contemplates the use of a
particular parcel in conjunction or interrelation with one or other
parcels. In such circumstance the term "single parcel" as stated above
shall be deemed to respect all of the properties involved.
Where an approved site plan, or the approval
of modifications to an existing site plan, is required pursuant to
this chapter, no building permit, plumbing permit, sign permit or
certificate of occupancy may be issued until such time as the site
plan approval or approval of site plan modification is issued.
A.
Any site plan approval or approval of site plan modification
issued pursuant to the provisions of this chapter shall become null,
void and of no further effect unless, within 180 days after filing
thereof, construction upon that approved site plan shall actually
have commenced; provided, however, that excavation for and/or construction
of a building foundation alone shall not be deemed to be commencement
of the erection or construction of such building or structure. Extensions
of 180 days may be granted by the Planning Board for just cause shown.
B.
However, in such instance where an approved site plan
requires area or use variance relief or special permission issued
by the Zoning Board of Appeals or another Town board or agency, the
one-hundred-eighty-day period shall not begin to run until the Zoning
Board of Appeals or other respective Town board or agency shall file
its determination on an application respecting such relief when application
is filed with the Zoning Board of Appeals or other Town board or agency
within 60 days of the filing of the site plan approval or preliminary
site plan approval.
No parcel or part thereof may be the subject
of an application for a site plan approval within one year after the
determination rendered on a site plan application is filed, unless
such application is substantially different from the previous application.
The Planning Board of the Town of Babylon is
hereby authorized to review, approve, disapprove, approve with modifications
and approve with conditions site plans and modifications to existing
site plans as required by this chapter.
A.
An approved site plan, which shall not require that
a public hearing be held, shall be required for the following when
such concerns commercial, industrial, multiple residence or senior
citizen multiple residence development:
(1)
Any application for a building permit or certificate
of occupancy where there is an increase in building area or floor
area, exclusive of outside storage, of 10% or more.
(2)
Any application for a building permit or certificate
of occupancy respecting a retaining wall and/or bulkhead.
(3)
Any application for a building permit or certificate
of occupancy which proposes the use of parking facilities located
on any other parcel, whether adjacent or not.
(4)
Any substantial reconfiguration of a site or approved
site plan.
(5)
New commercial, industrial, multiple residence or
senior citizen multiple residence development.
(6)
Substantial commercial, industrial, multiple residence
or senior citizen multiple residence redevelopment.
(7)
Any significant commercial, industrial, multiple residence
or senior citizen multiple residence redevelopment or reconfiguration
of an approved site plan located within 100 feet of any waterway or
designated wetland.
(8)
Any application for a building permit or certificate
of occupancy which receives a positive declaration pursuant to applicable
environmental quality review statutes and regulations by another involved
agency.
(9)
Any application for a building permit or certificate
of occupancy which requires that an environmental declaration be made
and no other Town agency has jurisdiction over the issue.
(10)
Any change of use which increases on-site parking
requirements by 10% or more if such requires providing a parking area
not on an existing site plan.
(11)
Any application respecting the outside storage of
material, whether or not offered for retail or wholesale sales, which
occupies 10% or more of the subject property.
(12)
Any application for a building permit or certificate
of occupancy which seeks to erect freestanding lighting within 100
feet of any residentially zoned or developed property, any public
park or any waterway.
(13)
Any application for a building permit or certificate
of occupancy which seeks to erect fencing which is 10 or more feet
in height.
(14)
Any application for a building permit or an application concerning site development which fails to conform to the site development guidelines adopted by the Planning Board pursuant to § 186-13, unless waived or modified by the Planning Board.
(15)
Any application for a building permit or certificate
of occupancy concerning site development which the Commissioner determines
presents issues which could or would foster a negative impact upon
the health, safety and/or welfare of the local community or persons
living and/or working in the Town or would require full site plan
review to comply with the intent of this chapter.
B.
An approved site plan, which may be issued only after
the conclusion of a public hearing held pursuant to the terms of this
chapter, shall be required for the following when such concerns commercial,
industrial, multiple residence or senior citizen multiple residence
development:
(1)
Applications pertaining or related to any subdivision.
(2)
Site plan applications made pursuant to Subsection A hereof where the subject property adjoins property residentially developed or residentially zoned. Residentially zoned or developed property shall include property zoned multiple residence and property zoned senior citizen multiple residence. However, this subsection shall not apply when the residentially zoned property is designated as a cemetery. "Adjoining," as employed herein, shall include property located on the opposite side of any street with the exception of a thoroughfare having a state or county route number.
C.
The Planning Board, however, may hold a public hearing on any application indicated in Subsection A above, notwithstanding that such a hearing is not required, if the Planning Board deems that a public hearing would be necessary or helpful in its review of the application at issue.
D.
The Planning Board shall hold a public hearing on any application indicated in Subsection A above, notwithstanding the fact that such a hearing is not required, if the applicant or the Commissioner files a request for a hearing within 10 days of the submission of the final site plan to the Planning Board for review. A failure to so file shall be deemed a waiver by the applicant.
A.
Any public hearing held pursuant to this chapter must
comply with all requirements set forth in the Town Law.
B.
Additionally, the subject property is to be posted
for a period of not less than 10 days immediately preceding the public
hearing. The applicant shall erect on the affected property a sign
or signs of green printing on a white background measuring 30 inches
high and 40 inches wide, which shall be prominently displayed on the
premises facing each public street (maximum spacing of 200 feet on
center) on which the affected property abuts, set back not less than
10 feet from the property line and shall not be less than two feet
nor more than six feet above the grade of the property line, giving
notice that the application for site plan approval is pending and
the date, time and place when the public hearing will be held.
C.
The requirements set forth in Subsection B hereof may be modified by the Planning Board to adjust to the particular characteristics of an individual parcel and to ensure that any and all signs posted are plainly visible.
D.
Notice to surrounding property owners.
[Added 6-6-2000 by L.L. No. 12-2000]
(1)
Not less than 15 days prior to the date fixed for
the public hearing, the applicant shall file with the Clerk of the
Board the following:
(a)
A radius map drawn by a professional engineer
or architect for all applications where the subject property is used
as or zoned business or industrial, which map shall depict all properties
and zoning districts within 200 feet of the perimeter of the subject
property.
(b)
A copy of the Suffolk County Tax Map for all
applications with a two hundred-foot border drawn around the perimeter
of the subject property.
(c)
A list of names and addresses of all owners
of properties within 200 feet of the perimeter of the subject property,
as listed on the assessment rolls of the Town.
(d)
Envelopes (Size 10: 4 1/8 inches by 9 1/2
inches) with first-class postage affixed thereto, addressed to the
owners of properties located within 200 feet of the perimeter of the
subject property, as listed on the assessment rolls of the Town, which
envelopes shall name the Board as the return addressee.
(2)
The Clerk of the Board shall mail notice of the hearing
utilizing the foregoing not less than 10 days prior to the date fixed
for the hearing. The failure of a property owner to actually receive
the notice required by this section shall not be deemed a jurisdictional
defect, and the Board, in its discretion, may proceed with the hearing
and render a decision.
A.
The Planning Board shall have the authority to impose
such reasonable conditions and/or restrictions as are directly related
to and/or incidental to a proposed site plan, reasonably anticipated
uses thereof and/or reasonably anticipated community development.
Such conditions and/or restrictions may be imposed as covenants and
restrictions.
B.
The Planning Board shall have authority to impose
modifications as are directly related to and/or incidental to a proposed
site plan, reasonably anticipated uses thereof and/or reasonably anticipated
community development.
A.
In reviewing site plans, consideration shall be given
to the public health, safety and welfare and to the comfort and convenience
of the public in general, of the residents of the community at large
and of the immediate neighborhood in particular.
B.
In reviewing site plan applications, the Planning
Board shall give consideration to the following factors, among others:
(1)
That all proposed vehicular and pedestrian accessways,
entrances and exits are adequate in width, grade, alignment and visibility;
are not located too near street corners or other places of public
assembly; and other similar design and safety considerations.
(2)
That adequate off-street parking and loading spaces
are provided to prevent parking in public streets of vehicles of any
persons connected with or visiting the site, and that the interior
vehicular and pedestrian circulation system is adequate to provide
safe and reasonably viable accessibility to all required off-street
parking lots, loading bays and building services.
(3)
That sites are reasonably screened from the view of
adjacent and/or nearby residentially zoned or developed parcels and
residential streets and that the general landscaping and general character
of the site is such as to enhance the character of the Town and local
community and is in character with the neighborhood.
(4)
That all existing trees over four inches in diameter,
measured three feet above the base of the trunk, shall be retained
to the maximum extent possible. The Planning Board and/or Commissioner
may require an applicant to submit a plan showing all such trees and/or
all existing vegetation. If review pursuant to this chapter is required,
no land clearing shall be conducted except pursuant to the approved
site plan and not until the site plan approval has been filed.
(5)
That all plazas and other paved areas intended for
use by pedestrians shall, to the extent reasonably practical, employ
decorative pavements and/or shall use plant materials so as to prevent
the creation of vast expanses of pavement.
(6)
That all outdoor lighting is of such nature and design
and arranged so as to preclude the diffusion of glare onto adjoining
properties and streets.
(7)
That building facades are compatible with the surrounding
area.
(8)
That the drainage system and layout proposal will
afford an adequate solution to any reasonably anticipated drainage
problems.
(9)
That plans for internal water and sewer systems are
adequate.
(10)
That the site plan is in conformance with such portions of the Comprehensive Land Use or Master Plan of the Town that may be in existence and with Ch. 213, Zoning. The Planning Board shall also give consideration to the proposed and reasonably anticipated uses of the parcel pursuant to Ch. 213, Zoning.
(11)
That the refuse containment and disposal facilities
are adequate for the site and do not intrude upon adjacent property,
streets or other public ways or individuals visiting or working on
the site.
(12)
That the general health, safety and welfare of the
Town and the local community is not negatively affected by the proposed
site plan.
(13)
That the proposed site plan will provide development
in harmony with and which will have a positive influence upon the
community.
A.
After receipt of the completed application, which shall include copies of the proposed site plan and all required information, a post-submission conference shall be scheduled with the Commissioner or his designated representative to discuss and review the site plan submitted so that the applicant may proceed with a clear understanding of the Town's requirements in matters relating to the development of the site, including the provisions of this chapter and Chapter 213, Zoning.
B.
At the conclusion of the post-submission conference,
the applicant may elect to make revisions to the proposed site plan
or to proceed with the site plan submitted. Another post-submission
conference, as indicated above, shall be held after the submission
of any revised site plan. However, the Commissioner may waive any
such conference if such is not necessary to foster the objectives
of this chapter. The Planning Board is not bound by any recommendations
made by the Commissioner in its independent review of the application.
C.
The Commissioner may require a presubmission conference
in such circumstances as is reasonably necessary and helpful to further
and to implement the objectives of this chapter.
D.
Within 60 days after the conclusion of the final post-submission
conference, a copy of the final proposed site plan shall be filed
by the applicant with the Planning Board. If a final proposed site
plan is not timely filed, it shall be deemed abandoned. The Planning
Board may, however, grant extensions of the sixty-day time frame.
E.
If a public hearing is not required, the Planning
Board shall render a decision on the application within 62 days of
the first meeting of the Planning Board occurring after the final
site plan has been filed.
F.
If a hearing is held with regard to the application,
the Planning Board shall render its decision within 62 days from the
conclusion of that hearing.
G.
The time within which the Planning Board must render
its decision may be extended by mutual consent of the Planning Board
and the applicant.
H.
All Planning Board decisions must be filed with the
Town Clerk and a copy thereof mailed to the applicant.
A.
The applicant shall cause a site plan to be prepared
by an architect, civil engineer or surveyor. The site plan shall include
those of the elements listed herein which are appropriate to the proposed
development and any additional information required by the Planning
Board.
C.
The site plan shall include:
(1)
The location of existing and proposed buildings and/or
structural improvements.
(2)
The location and design of all uses not requiring
structures, such as off-street parking and loading areas, and areas
designated for outside storage.
(3)
The location, height, direction, power and time of
operation for any proposed outdoor lighting.
(4)
The location of any exterior signs.
(5)
The location, arrangement and proposed means of access
and egress, including sidewalks, driveways or other paved areas; profiles
indicating grading and cross sections showing width of roadway, location
and width of sidewalks and location and size of water and sewer lines.
Proposed pedestrian connections to public parking lots should also
be shown.
(6)
Proposed screening and other landscaping, including
a planting plan.
(7)
The location and connection to facilities of all proposed
waterlines, valves and hydrants and all drainage and sewer lines or
alternate means of water supply and sewage disposal and treatment
facilities.
(8)
An outline of any proposed easements, deed restrictions
or covenants and a notation of any areas to be dedicated to any public
agency.
(9)
Any proposed new grades, indicating clearly how such
grades will meet existing grades of adjacent properties or the street.
(10)
Elevations of all existing and proposed principal
and accessory structures.
(11)
If the site plan indicates only a first stage,
a supplementary plan indicating the ultimate site development and
all phases of interim development.
(12)
The location of any buildings, structures and
vehicular and/or pedestrian entrances and exits within 50 feet of
the subject property.
(13)
Any other information required by the Planning
Board.
D.
Unless waived by the Planning Board, plans for all
required improvements must be submitted by a civil engineer or licensed
architect or surveyor. Installation of all improvements must be under
the direct supervision of a registered architect or licensed engineer.
E.
The applicant shall provide a letter from a licensed architect or engineer certifying that all construction, improvements and work has been completed in accordance with the approved site plan, Ch. 213, Zoning, the New York State Fire Prevention and Building Construction Code, the Babylon Town Code as well as all other relevant laws, rules and regulations. Such letter shall be a requirement for the issuance of a certificate of occupancy.
A.
The Planning Board and Commissioner are hereby authorized to enact rules to supplement the requirements noted in § 186-11. The Planning Board and Commissioner may promulgate such forms as they deem appropriate respecting applications pursuant to this chapter.
B.
The Planning Board shall have full authority to interpret
and implement this chapter.
A.
The Planning Board is hereby further empowered to enact general guidelines and specifications for site development. Such authority includes setting guidelines for architectural design and character and designating an architectural style for zoning districts and portions thereof. Any application for a building permit or certificate of occupancy must comply with such restrictions unless a site plan is approved pursuant to § 186-14.
[Amended 3-28-1995 by L.L. No. 9-1995]
A.
With regard to any particular application, the Planning Board may, when reasonable, waive any requirements indicated in § 186-11, any rule it has promulgated pursuant to § 186-12 or any guidelines and specifications it has enacted pursuant to § 186-13 in the event that any such requirements are found not to further the interest of the public health, safety or general welfare or intent of this chapter or to be inappropriate to a particular site plan.
B.
The Planning Board may require in any specific case that additional information be indicated on a site plan, notwithstanding that such is not required by § 186-11 or any rule promulgated pursuant to § 186-12 or general guidelines and specifications promulgated pursuant to § 186-13, if the Board finds such information necessary or beneficial to its review of the application.
A.
The Zoning Board of Appeals is hereby authorized to
refer to the Planning Board for examination and comment any site plan
or developmental proposal when it finds that such review and comment
would be helpful in its review of any application within its jurisdiction.
If the Planning Board shall determine that a site plan application
is not required pursuant to the terms of this chapter, it shall issue
a response to the Zoning Board of Appeals within 30 days. If the Planning
Board shall determine that a site plan application is required, it
shall so notify the Zoning Board of Appeals and the applicant within
30 days. If a site plan application is not necessary, the Planning
Board may nevertheless issue comments and recommendations on the developmental
proposal. However, such comments and recommendations shall not be
binding upon the Zoning Board of Appeals. The time within which the
Zoning Board of Appeals must make a decision shall be tolled during
the pendency of any request made pursuant to this subsection.
B.
The Planning Board shall be empowered to seek an advisory
opinion from the Zoning Board of Appeals concerning the interpretation
of any section of the Town Code within the jurisdiction of the Zoning
Board of Appeals and/or concerning the necessity or nature of any
variance or special exception relief which may be presented in any
site plan application. In such circumstances, notice of the request
shall be forwarded to the applicant who shall have 10 days to file
comments with the Zoning Board of Appeals. The Zoning Board of Appeals
may extend the ten-day requirement for good cause shown. The Zoning
Board of Appeals shall file its response within 30 days after the
expiration of the time frame within which the applicant may submit
comments. The time within which the Planning Board shall be required
to render a decision on the application shall be tolled during the
pendency of any request for an advisory opinion.
All fees respecting applications filed pursuant
to this chapter shall be set by the Town Board.
A.
The provisions of this chapter are severable. If any
clause, sentence, paragraph, section, word or part of this chapter
shall be adjudged by any court of competent jurisdiction to be invalid,
such judgment shall not affect, impair or invalidate the remainder
thereof but shall be confined in its operation to the clause, sentence,
paragraph, section, word or part thereof directly involved in the
controversy in which such judgment shall have been rendered. The invalidity
of any word, clause, sentence, paragraph, section or part of this
chapter shall not affect the validity of any other part of this chapter
which can be given effect without such invalid part or parts.
B.
If any portion of this chapter is found to be in conflict
with any other provision of any other local law or ordinance of the
Code of the Town of Babylon, the provision which establishes the higher
standard shall prevail.
[Added 4-18-2000 by L.L. No. 9-2000]
Where site plan review by the Planning Board
is not required by this chapter in connection with an application
for a building permit, the Commissioner may require reasonable site
improvements in connection with a building permit application for
nonresidential property, provided that such site improvements do not
then require site plan review by the Planning Board or a variance
by the Board of Appeals for approval of the building permit.
[Added 10-5-2004 by L.L. No. 30-2004]
The Town Board finds that the new single-family
homes, or substantial reconstruction, are being built without sufficient
architectural review, resulting in homes that are not in character
with the other homes in the area, are visually displeasing and have
a negative impact on the value of the homes in the neighborhood. The
Town Board further finds that granting the Planning Board architectural
review will provide a mechanism to ensure that new homes are in character
with the surrounding neighborhood, are visually pleasing and have
a positive impact on home values.
It is hereby specifically required that before a building permit is issued for new single-family homes or reconstruction where the area to be altered or reconstructed is at least 50% of the existing structure in all residence districts, such application must first receive a favorable architectural review from the Planning Board as set forth in Article II of Chapter 186 of this Code.
A.
As soon as possible, and in any event not more than 10 business days after receipt of a completed application for a building permit, the Building Inspector shall forward such application, together with the plans and other information set forth in Subsection B, to the Planning Board for architectural review thereof.
B.
Applications must be accompanied by construction plans,
floor plans and plans showing all elevations of new structures and
all affected elevations in the case of additions or alterations. Such
plans shall show all details of exterior construction, including materials
for exterior walls, doors, windows and roofs. For all new structures,
site plan with a scale minimum of one inch equals 20 feet must be
submitted, showing the following:
(1)
Property lines, including curblines of adjacent street.
(2)
Outline of existing and proposed structure, including
walks, driveways, terraces, walls and fences.
(3)
Existing and proposed contours at two-foot intervals.
(4)
Existing trees and trees to be removed with a trunk
diameter of four inches or more at a point 12 inches above the ground.
(5)
All proposed plantings.
(6)
All necessary on-site drainage, if required.
C.
The Building Inspector or the Planning Board may require
submission of all or a portion of the above information as part of
the application for an addition to an existing structure. The Building
Inspector or the Planning Board may require the applicant to furnish
grades and elevations of adjacent property and structures where they
deem this information applicable to a proper evaluation of the relationship
between existing and proposed structures.
D.
Applications must include an architectural review
fee which shall be set by Town Board resolution.
In considering an application for a permit,
the Planning Board shall take into account natural features of the
site and surroundings, exterior design and appearances of existing
structures and the character of the neighborhood and its peculiar
suitability for particular purposes, with a view to conserving the
values of property and encouraging the most appropriate use of land.
The Planning Board may recommend the issuance
of a building permit to the Building Inspector for any application
referred to it upon finding that the building or structure for which
the permit was requested, if erected or altered in accordance with
the submitted plan, would be in harmony with the purpose of this chapter,
would not be visually offensive or inappropriate by reason of poor
quality of exterior design, would not have monotonous similarity or
striking visual discord in relation to the sites or surrounding area,
would not mar the appearance of the area, would not impair the use,
enjoyment and desirability and reduce the values of properties in
the area, would not be detrimental to the character of the neighborhood,
would not prevent the most appropriate development and utilization
of the site or of adjacent lands and would not adversely affect the
functioning economic stability, property, health, safety and general
welfare of the entire community.
In making a favorable review of any application,
the Planning Board may recommend appropriate conditions and safeguards.
The Planning Board may refuse to give a favorable
review for any application for a permit, provided that the Board has
afforded the applicant an opportunity to confer upon suggestions for
change of the plan and provided that the Board finds and states that
the structure for which the permit was requested would, if erected
or altered as requested by the applicant, result in the following:
A.
Monotonous similarity to any other structure of structures
located or proposed to be located on the same street or a corner thereof
and within 250 feet of the site of the structure for which a building
permit is requested, in respect to one or more of the following features
of exterior design and appearance:
(1)
Substantially identical facade, disregarding color;
(2)
Substantially identical size and arrangement of either
doors, windows, porticos, porches or garages or other openings or
breaks or extensions in the facade, including reverse arrangements;
or
(3)
Other substantially identical features, such as but
not limited to setbacks from street lines, heights, widths and lengths
of elements of the building design and exterior materials and treatments.
B.
Striking dissimilarity, visual discord or inappropriateness
with respect to other structures located or proposed to be located
on the same street or a corner thereof and within 250 feet of the
site of the structure for which a building permit is requested.
C.
Outside cellar entrances.
D.
Any elevated building located in an AE Flood Zone that has an open
design between the first floor joists and the perimeter grade beam.
(This does not apply to construction located in a VE Flood Zone or
adopted Coastal A Flood Zone).
[Added 7-7-2015 by L.L.
No. 8-2015]
