As used in this chapter, the following terms
shall have the meanings indicated:
COMMISSIONER
The Commissioner of the Department of Planning and Development.
PLANNING BOARD
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]
SITE PLAN
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.
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.
All fees respecting applications filed pursuant
to this chapter shall be set by the Town Board.
[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.
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]