[Amended 6-11-1976 by L.L. No. 2-1976; 8-8-1997 by L.L. No. 9-1997]
This chapter shall be enforced by any enforcement officer, as defined in § 197-1.
[Amended 6-11-1976 by L.L. No. 2-1976]
No building permit shall be issued except when
the provisions of this chapter have been complied with and there has
been presented to the Zoning Inspector evidence of approval of any
other public agency or officer who has any jurisdiction in connection
with the proposed building.
[Amended 6-11-1976 by L.L. No. 2-1976]
A.
No building or structure shall be erected, altered,
enlarged or extended unless a permit therefor has been issued by the
Zoning Inspector.
B.
Any building permit issued shall automatically as
of course expire and be of no force and effect or legal validity if:
C.
Except upon written order of the Board of Appeals,
no building permit shall be issued for any building when the erection,
alteration, enlargement or extension would be in violation of any
of the provisions of this chapter.
[Added 10-12-1990 by L.L. No. 24-1990; amended 2-8-1999 by L.L. No. 2-1999]
A.
The Planning Board of the Village of Westhampton Beach
shall consist of five members appointed by the Board of Trustees,
each to serve for a term of five years with one member's term to expire
on May 31 each year.
B.
The Chairman of the Planning Board shall be appointed
by the Board of Trustees for a period of one year with the term to
expire on May 31 of each year.
C.
It is the intention of this Board, pursuant to Municipal
Home Rule law § 10, Subdivision 1(ii)e(3), and Municipal
Home Rule Law § 22, Subdivision 2, to supersede the provisions
of § 7-718 of the Village law that are in conflict or inconsistent
with this section.
[Amended 3-14-1969; 11-11-1977 by L.L. No.
10-1977; 12-8-1978 by L.L. No. 11-1978; 7-2-1980 by L.L. No. 9-1980; 10-10-1980 by L.L. No.
16-1980; 9-11-1981 by L.L. No. 15-1981; 5-14-1982 by L.L. No. 9-1982; 9-13-1985 by L.L. No. 16-1985; 2-14-1986 by L.L. No. 3-1986; 2-13-1987 by L.L. No. 1-1987; 3-13-1987 by L.L. No. 4-1987; 3-9-1990 by L.L. No. 4-1990; 4-12-1991 by L.L. No. 8-1991; 5-8-1992 by L.L. No. 3-1992; 5-10-1993 by L.L. No. 3-1993; 7-1-1996 by L.L. No. 9-1996; 10-8-1997 by L.L. No. 13-1997; 4-8-1998 by L.L. No. 4-1998; 2-8-1999 by L.L. No. 2-1999; 2-14-2000 by L.L. No. 5-2000; 5-8-2000 by L.L. No. 7-2000; 6-10-2002 by L.L. No. 4-2002; 3-10-2003 by L.L. No. 1-2003; 7-7-2003 by L.L. No. 7-2003; 12-8-2003 by L.L. No. 13-2003; 12-1-2005 by L.L. No. 10-2005]
No building permits shall be issued for the erection, construction, reconstruction, structural alteration, restoration, repair or moving of any structure, building or part thereof within any zoning district, and no change of use of any building, structure or lot or portion thereof shall be permitted, nor shall any special exception permit pursuant to the provisions of § 197-40A and E be approved unless and until a site plan prepared in accordance with the provisions of §§ 197-62 through 197-67 has been submitted to and reviewed and approved by the Planning Board pursuant to Village Law § 7-725, after advisory recommendations by the Village Police Department and Fire Department, provided that they are made in a timely manner and in accordance with the following minimum requirements. The Planning Board shall not take final action on an application until it has received a report from the Architectural Review Board as provided for in Chapter 5 of the Code. The provisions of this section shall not apply to the following: 1) any lot, and the buildings and structures thereon, which is used exclusively for a permitted one- or two-family detached residential dwelling, permitted home occupation and permitted accessory uses, except that the provisions of §§ 197-27B and 197-28 shall be applicable to parcels of land developed with one- or two-family detached residential dwellings and their customary accessory structures; 2) interior modifications to a one-family condominium dwelling unit, provided that there is no addition or increase in the habitable floor area or any change or modification to the exterior walls; 3) change in the interior walls or display area of a retail or office use, provided that there is no addition or increase in the retail floor area or the office floor area or any change or modification to the exterior walls; or 4) repair or replacement of an existing roof, provided that the repaired or replacement roof is substantially the same as the existing roof.
A.
Every application for a building permit within all
zoning districts shall be accompanied by eight copies of a survey
and eight copies of a site plan, each conforming to the requirements
set forth below.
C.
The Planning Board may require the applicant to submit
such additional information as it determines is reasonably necessary
to review and act upon the application.
D.
The Planning Board shall, within 62 days after receipt
of the complete application and the close of the public hearing if
one is held, approve, approve with modifications or disapprove the
site plan and shall thereafter forthwith file its decision with the
Village Clerk and cause a copy thereof to be mailed to the applicant.
Said approved site plan shall be annotated and inscribed on its face
with a listing of the permitted use(s) for which each floor or portion
thereof is to be devoted.
E.
In any case in which a building permit was issued
in accordance with the requirements for site plan review and approval
as set forth in this chapter, no certificate of occupancy shall be
issued unless and until a resolution is passed by the Planning Board
indicating final approval of all the work required by the site plan
of the latest revision thereof which was duly approved by said Planning
Board. The certificate of occupancy shall refer to the approved site
plan, and the approved use(s) shall be noted completely on the certificate.
F.
Surveys required to be submitted with an application
for a building permit shall be prepared by a land surveyor licensed
by the State of New York and shall bear his seal and signature. Surveys,
to be acceptable for purposes of this section, shall bear a date of
preparation within one year of the date of submission of the building
permit application. Survey maps shall show the following as a minimum:
(1)
The name and address of the property owner.
(2)
A title block incorporating a locational description
of the subject property, including the subject property, including
the Tax Map section, block and lot and, if a filed map, the map name,
number, date of filing, block and lot.
(3)
Bearings and distances of all property lines, bearings
and distances of a reference tie along the street line to the nearest
street intersection, the computed area of the parcel in square feet
and the actual locations of all existing buildings and structures,
including the distances between such buildings or structures and all
property lines.
(4)
The names and locations of all streets on which the
parcel fronts or has access to.
(5)
The locations and dimensions of all existing easements
and rights-of-way which affect the parcel.
(6)
A North arrow and scale.
(7)
The zoning district within which the parcel is located
and the location of any district division line which traverses the
parcel.
(8)
The location of all existing natural or man-made watercourses,
bulkheads, fresh- and saltwater marshes and barrier beach dunes when
such are on or adjacent to the subject parcel.
(9)
The first floor elevation referenced to the Sea Level Datum of 1929 of existing buildings when the subject parcel is within the flood hazard boundaries referred to in Chapter 91, Flood Damage Prevention, as such boundaries exist or may from time to time be amended.
(10)
The names of all bounding owners as shown on
the most recent official tax record.
G.
Site plans required to be submitted with an application
for a building permit shall be prepared by a professional engineer,
architect or landscape architect licensed by the State of New York
and shall bear his seal and signature. Site plans shall conform to
the following minimum standards:
(1)
The site plan shall be prepared at a scale of one
inch equals 30 feet or larger and shall be prepared on a standard
size sheet which is a multiple of 8 1/2 inches by 11 inches up to
a maximum of 22 inches by 34 inches.
(2)
Property lines and related street, right-of-way and
easement lines derived from the survey submitted shall be shown.
(3)
Existing site topography shall be shown, including
elevation contours at a maximum interval of one foot, with supplementary
spot elevations where necessary to fully describe the site, and spot
elevations at the center line, gutter and top of the curb of adjacent
streets at intervals of 50 feet or less. Physical features on the
property and immediately adjacent, including trees, curbs, walks,
paving and drainage structures with appropriate elevations, shall
be shown. Datum shall be Sea Level Datum of 1929.
(4)
Proposed grading contours shall be shown, including
spot elevations of critical points such as building corners, finished
floors, elevators, catch basin inlets, top of curbs, walks, cover
of sewage disposal systems components and specially graded portions
of paving surfaces.
(5)
Proposed locations of all buildings shall be shown,
with dimensions and offsets from property lines.
(6)
Design data and computations shall be shown or submitted
on a separate sheet. Items to be included shall be parking requirements,
coverage of lot and site drainage design.
(7)
Proposed locations of all site improvements with detailed
dimensions sufficient to allow accurate placement during construction
shall be shown. Items to be included shall be layout of parking spaces
and traffic aisles, curbs, walks, drainage structures, trees and other
plantings, exterior lighting and signs. Types of materials for paving,
drainage structures and curbs shall be subject to approval of the
Village Engineer.
(8)
The location and composition of the sewage disposal
system, water service and proposed sanitary density/design flow as
required by the Suffolk County Department of Health Services (SCDHS)
shall be shown. The Planning Board may conditionally approve a site
plan prior to final approval from the SCDHS so long as the Planning
Board's approval is conditioned on receipt of approval from the
SCDHS prior to building permit issuance.
[Amended 8-3-2023 by L.L. No. 8-2023]
(9)
A landscaping plan shall be incorporated in the site
plan and shall show the location, size and type of all plantings to
be installed and established on the site. Said landscaping plan shall
show at least 20% of the lot area as landscaped, subject to compliance
with parking requirements and other required site improvements. Landscaped
area is that portion of the lot area improved by maintained lawn irrigated
by an underground sprinkler system, horticultural plantings and shrubbery
and designed gardens. The twenty-percent requirement hereunder may
be reduced by the Planning Board for good cause in appropriate circumstances
which shall be expressly recited in any resolution approving a site
plan with less than a landscaped area of 20%.
(10)
Drainage shall be provided as required by the
physical characteristics of the site. Analysis shall be based on generally
accepted engineering methods, such as the rational formula for stormwater
runoff, and of other methods upon approval of the Village Engineer.
In designing leaching pools for stormwater drainage, volume of storage
shall be provided for the runoff from a two-inch rainfall.
(11)
Transitional yard setback and buffer zone.
(a)
The Planning Board is hereby empowered to require
a transitional yard setback and buffer zone of not less than 10 feet
nor more than 30 feet for all structures and impervious services on
nonresidential property where such property adjoins or abuts residentially
zoned land. The width of this transitional yard setback and buffer
zone shall be determined by the Planning Board, after consideration
of the following criteria:
[1]
The type, intensity and duration of the proposed
use and the likelihood of noise which may be generated from the proposed
use affecting the adjoining residential properties.
[2]
The location, size, configuration and orientation
of the proposed commercial structure with respect to the residentially
zoned land.
[3]
The location, size, configuration and orientation
of the existing residential structure with respect to nonresidential
construction.
(c)
The buffer area shall consist of evergreen plantings
of such type, height, spacing and arrangement as required in the judgment
of the Planning Board to effectively screen the activity on the nonresidential
lot from the neighboring residential area. As a minimum, the plantings
shall consist of a double row of evergreen trees, six feet in height,
planted at intervals of 10 feet on center. If the Planning Board finds
that such plantings are not adequate, the buffer area may be increased
and additional or alternative plantings required.
(d)
Where deemed appropriate by the Planning Board,
a landscaped earthen berm, wall or fence of a location, height, design
and materials approved by the Planning Board may be accepted for any
portion of the required planting or buffer.
(e)
Where the existing topography and/or landscaping
provides adequate screening, the Planning Board may accept the existing
planting and/or buffer as meeting the required planting and buffer
area, provided that in no case shall the buffer area be less than
10 feet in width.
H.
Public hearing. A public hearing, whether required
by Village Code or deemed necessary by the Planning Board, shall be
scheduled once the Planning Board deems an application complete and
ready for public comment. The Planning Board shall close the public
hearing after allowing a reasonable opportunity for public input and
comment and after receipt of all relevant information as may be required
by the Planning Board and its consultants. The Planning Board shall
have the right to reopen any public hearing at a future date for due
cause, such as a substantive change to the application, newly discovered
information, or a change in applicable regulations. Any reopened public
hearing shall be subject to all public notice requirements. In determining
whether to hold a public hearing, the Planning Board shall consider
the degree of public interest in the application, and the extent to
which a public hearing can aid the decisionmaking process by providing
a mechanism for collection of relevant data, as well as the following:
[Amended 8-3-2023 by L.L.
No. 8-2023]
I.
Waiver of requirements.
(1)
The Planning Board may waive the strict application of the submission requirements set forth in Subsections A through G above in the following instances:
(a)
Where the application involves minor additions
or renovations, including structural repair or replacement occasioned
by accidental damage, long-term deterioration or the requirements
by health, safety or fire regulations, provided that none of the foregoing
involve a change of use or an expansion of floor area devoted to the
primary use of the premises.
(b)
Change of use provided that the change of use:
[1]
Does not result in an increase in the floor
area.
[2]
Does not have a parking space requirement greater
than the parking space requirement for the existing use as is set
forth in the schedule of off-street parking space requirements of
this Code, if either or both the existing use or the new use is not
listed in the schedule, then the provisions of this subsection shall
not apply and the application shall be reviewed as a full site plan.
[3]
Does result in a change, increase, new or additional
health department requirements.
(c)
(Reserved)
(d)
Minor changes to an approved, filed site plan,
including, but not limited to, changes to the landscaping plan, lighting
plan and drainage plan.
[Amended 12-1-2005 by L.L. No. 10-2005]
(e)
Any repair or renovation where the following
conditions are met:
[1]
The footprint and square footage of the structure
remain the same;
[2]
There is no change to drainage, roof runoff
or septic system requirements;
[3]
There is no change to the parking requirements
or traffic circulation;
[4]
There is no change to the location of mechanical
systems;
[5]
There is no change to exterior lighting;
[6]
There is no change to landscaping;
[7]
There is no change to a prior approved site
plan;
[8]
There is no change of use.
(2)
The provisions of this subsection shall not apply
in the event of exterior additions to the structure which results
in an increase in the area used for the primary use other than minor
additions or changes.
J.
In the instance where the Planning Board has elected to waive full site review as per Subsection I above, no public hearing shall be required; however, the decision to waive shall be by formal resolution at a regular public meeting of the Planning Board.
K.
In the case of a waiver, the Planning Board shall
be empowered to require such information from the applicant as it
deems necessary to ensure that the spirit and intent of site review
is carried out.
L.
An application for a restaurant use shall include
a floor plan showing the location of all facilities, including but
not limited to the bar area, the table/counter area, service areas,
restrooms, kitchen facilities, office, storage areas and any other
area of use. Any change in the approved floor plans that would result
in an increase in sanitary design flow or parking, such as additional
seating, shall require an application to the Planning Board for a
modification of the site plan.
[Amended 12-3-2020 by L.L. No. 12-2020]
M.
The Planning Board shall have the authority to impose
a time limit for completion of the item specified in the conditional
approval. There shall be filed as a condition of site plan approval
a written covenant in recordable form to be approved by the Village
Attorney limiting the uses to those prescribed on the certificate
of occupancy, permitting the Village Inspector to inspect the subject
premises annually.
[Amended 8-3-2023 by L.L. No. 8-2023]
N.
In the case of a site plan submitted in conjunction with a special exception permit application pursuant to the provisions of § 197-40A through E, the following provisions shall apply:
(1)
The application shall include any existing and proposed building floor plans, an indication of the use proposed for the various plan areas and rooms, an environmental assessment form and a review fee payable to the Village of Westhampton Beach as provided hereinbelow in Subsection N(3).
(2)
An acceptable performance bond, certified check or
savings passbook with signed withdrawal slip, in a form approved by
the Village, shall be posted by the applicant to guarantee to the
Village that all public improvements, site improvements and the sewage
disposal system will be constructed or cause to be constructed, and
such bond, check or passbook shall not be released until all work
has been completed. The applicant shall submit a cost estimate of
the public improvements, site improvements and sewage disposal system
for review by the Village Engineer, and the amount of the bond, check
or passbook will be based upon the Village Engineer's estimate of
the total costs of the public improvements, site improvements and
sewage disposal system, plus a reasonable estimate of anticipated
increased costs during the term of the bond, check or passbook. The
bond, check or passbook shall run for a period not to exceed two years.
The Planning Board may extend the term of the bond, check or passbook
in appropriate cases where such action would be in the public interest.
(4)
The fee for said application shall be determined by
the Board of Trustees.
(5)
The Planning Board's approval set forth in this subsection
shall be conditioned upon the payment of fees provided for herein
and the posting of the required performance bond as provided herein.
O.
Off-street parking reserve area.
(1)
If the Planning Board determines that the current
parking needs of a proposed development do not necessitate the initial
construction of the full number of parking spaces otherwise required
by the strict application of off street parking requirements for a
specific use(s), the Planning Board may approve a site plan providing
for initial construction of a lesser number of parking spaces, under
the following conditions:
(a)
Said reduction in the number of parking spaces
to be initially provided is in the public interest.
(b)
The approved site plan shall provide for a sufficient
number of parking spaces to be initially constructed, including drainage,
lighting, landscaping and any other appurtenances or requirements
imposed by the Planning Board.
(c)
An area upon the site plan shall be shown as
reserved for the future construction of the full number of parking
spaces not initially required to be constructed, including drainage,
lighting, landscaping and other appurtenances. No other use of this
reserved area, except as open space or landscaping, shall be permitted
until such time as the future parking spaces are constructed.
(2)
When the Planning Board approves a site plan, pursuant to Subsection (1) above, the Planning Board shall grant such approval subject to such conditions and safeguards as it shall deem necessary or advisable with respect to the area reserved for future parking and the future construction. Such conditions and safeguards may include a requirement that a covenant relating thereto be recorded in the Suffolk County Clerk's office.
(3)
When the Planning Board has approved a site plan pursuant to Subsection (1) above, it shall be deemed to have retained jurisdiction over such site plan and shall have continuing jurisdiction over such site plan with respect to the reserved area and with respect to the future construction of the number of parking spaces reserved.
(4)
Pursuant to such retained and continuing jurisdiction,
if the Planning Board subsequently determines that a need for construction
of said parking spaces so reserved then exists, it may order the then
owner of the property to construct said parking spaces and appurtenances
within a reasonable period of time as so established by the Planning
Board. Violations of such order shall be deemed a violation of this
chapter. In the event of a violation of such order, the Building Inspector
shall revoke the certificate of occupancy for the property.
(5)
When the Planning Board approves a site plan pursuant to Subsection (1) the number of parking spaces, required to be initially constructed shall consist of at least 80% of the total number of parking spaces required by the applicable off-street parking requirements for the use or uses on the approved site plan. The number of parking spaces required to be constructed may be reduced by the Planning Board to at least 65% of the total number of parking spaces required upon proof satisfactory to the Planning Board that the use or uses on the approved site plan will not generate more parking.
(6)
Any change in the use of the property from the site
plan approved pursuant to this section shall require a new site plan
approval from the Planning Board. The site plan shall set forth the
number of spaces required for said use, unless the Planning Board
determines that the provisions of this section shall apply.
(7)
The provisions of this subsection shall not apply
in the B-1 Zoning District.
(8)
The provisions of this subsection shall not apply
to any use where the number of parking spaces is determined based
upon seating.
P.
Tennis courts. The following provisions shall apply
to tennis courts located in the R-1 and R-3 Zoning Districts:
(1)
Lot coverage including the tennis court shall not
exceed 25%;
(2)
The area of a tennis court shall not exceed 7,200
square feet;
(3)
Tennis courts must be recessed a minimum of two feet
below the lowest point of the existing grade where the tennis court
is to be located;
(4)
Notwithstanding § 197-43C, a wall may be used to recess a tennis court, provided that no wall shall be constructed within 20 feet of any property line;
(5)
No fill may be placed within 10 feet of a property
line;
(6)
Tennis courts constructed of asphalt or other similar
type of material are prohibited in floodplain areas;
(7)
The application shall include an acceptable plan for
a stormwater collection and disposal system for the parcel and site,
which shall be designed with current and approved engineering standards,
inclusive, by way of illustration and not limitation, of utilization
of the natural features of the site and/or installation of one or
more leaching pools sufficient to contain two inches of rainfall,
adjusted for a minimum acceptable coefficient of 0.30 of runoff. Any
said plan shall be designed in such a manner that, among other things,
no stormwater runoff created by or resulting from the improvement
of the parcel will flow into any road, existing public or municipally
approved storm drain or system, existing watercourse, stream, pond,
bay, ocean or tidal or freshwater wetland or alter a wildlife habitat
or cause or increase soil erosion on or off site or flood or run on
or across adjacent land, whether improved or unimproved;
(8)
The application shall include a landscape plan to
be approved by the Planning Board.
Q.
Recreation areas.
(1)
In all applications for new multifamily developments, dwelling units above stores, the conversion of a nonconforming boardinghouse, hotel or motel to a residential condominium or cooperative or the conversion of an existing structure or building to a multiple-family dwelling, the Planning Board shall, subject to the provisions of § 197-40.1, and except as set forth in § 197-80.3, require either a reserved area for park and recreation purposes to be shown on the plan or the payment of a recreation or park fee to the Village, upon a finding by the Planning Board that a proper case exists for requiring that a park or parks be suitably located for playground or other recreational purposes within the Village. The proposed reserved area shall be approved by the Planning Board and shall comprise not less than five acres per 100 dwelling units shown on the plan (2,178 square feet of reserved area per dwelling unit), suitably located as determined by the Board, unless the Board shall determine that such requirement, in whole or in part, can not be properly allocated on any such plan.
[Amended 12-1-2005 by L.L. No. 10-2005; 3-6-2008 by L.L. No. 4-2008]
(2)
In cases where the Planning Board determines that
a reserved area cannot be properly located within the locus of the
site plan, the applicant shall be required to pay a recreation area
or park fee to the Village equal in amount to the fair market value
of the land area shown on the site plan that would otherwise be required
for a reserved site. All such payment shall be held in a fund to be
used exclusively for the acquisition of sites that are properly located
for neighborhood parks, playground or recreational purposes or for
the physical improvement of such sites. The formula for the fee shall
be the appraisal amount at the time the Planning Board deems the application
substantially complete as vacant land divided by the total area shown
on the plan in square feet times 2,178 square feet of reserved area
per dwelling times the number of dwelling units proposed on the plan.
For developments proposed entirely for senior citizens, the reserved
area requirement and or the fee in lieu of such area shall be 50%
of the amount otherwise required.
[Amended 3-2-2023 by L.L. No. 4-2023]
(3)
At the time it determines that an applicant is required to pay a park fee as is set forth in this Subsection Q, the Planning Board, in addition to having the authority to require the payment of the park fee upon final approval, shall have the authority to establish a schedule for the payment of the park fee in installments in the amounts that the Planning Board believes is reasonable to ensure that the park fee is paid.
[Added 10-7-2010 by L.L. No. 4-2010]
R.
The applicant shall demonstrate, and the applicable
approving body shall determine, compliance of the proposed action
with the B-1 Zoning District design guidelines, as applicable. Said
guidelines are attached as a Schedule at the end of this chapter.[2] Further, the Village should take a proactive role in determining
the future development of key areas which have further development
potential, as identified in this study, by preparing conceptual site
plans of said areas, which would be adopted as part of these Design
Guides. This would assist applicants in the preparation, as well as
the approving authority in the review, of development applications.
Said conceptual plans would identify design principals to be utilized
in the development or redevelopment of said areas, which would provide
some predictability for both the applicant and the approving authority,
as well as Village residents on what will be built in these critical
areas of the Village. A sample conceptual plan for the redevelopment
of the area of the northwest corner of Sunset and Mill Road is provided
in a schedule at the end of this chapter.[3]
[Added 5-3-2007 by L.L. No. 6-2007]
S.
Procedure
for public sewer connections.
[Added 7-5-2022 by L.L. No. 6-2022]
(1)
There are many premises within the Village, especially within the
central portion of Main Street, that are not retaining and recharging
stormwater. The stormwater from such premises runs into the Village's
sidewalks, its streets, adjoining properties and into the Village's
stormwater collection system. This causes overburdening of the stormwater
collection system and dangerous flooding conditions. The connection
of such premises to the public sewer will require the abandonment
of existing septic systems and make portions of such septic systems
and/or the area upon which they are located available to retain stormwater
on premises. The Village has determined that a process to review all
premises within a service area prior to connection to the public sewer
to maximize retention and recharge of stormwater on premises is necessary
to enhance the public health and safety in the Village.
(2)
As a result, the Board of Trustees has determined that all premises
to be connected to the public sewer shall be required to obtain a
site plan for sewer connection to maximize retention of stormwater
on premises.
(3)
The owner of any premises, as defined in Chapter 141 (Sewers) of the Village Code, whose premises is required to connect to the public sewer, shall within 60 days of receiving notice to connect pursuant to § 141-7B of the Village Code, file an application for a site plan for sewer connection with the Building and Zoning Administrator in accordance with this Subsection S.
(4)
The application for site plan for sewer connection shall conform
to the following minimum standards:
(a)
Submission of plans to scale showing the following:
[1]
All components and their location on the premises of the existing
sanitary system;
[2]
All components and their location of the existing method of disposing of stormwater, as defined in § 141-4 of the Village Code, from the premises;
[3]
The proposed connection of the premises to the public sewer
showing all information required by the Suffolk County Department
of Health Services, the Suffolk County Department of Public Works
and the Suffolk County Sewer Agency;
[4]
The means by which stormwater will be retained for discharge
on the premises. In this connection, if necessary, the plans shall
utilize the existing septic facilities, which will have to be abandoned,
for stormwater recharge on the premises;
(b)
Submission of a survey of the premises showing all structures
and utilities and any other information or documentation required
by the Building and Zoning Administrator.
(5)
The plans referred to in Subsection S(4) above shall be accompanied by an application in form approved by the Village's Board of Trustees signed by the owner of the premises or by a representative authorized in writing by the owner. The application form shall be available from the Building and Zoning Administrator.
(6)
There shall be no fee for an application for a site plan for sewer
connection.
(7)
Procedure for site plan for sewer connection:
(a)
Review shall commence with an owner submitting an application consistent with the provisions of § 197-63S to the Building and Zoning Administrator.
(b)
Within 10 days of receipt of an application, the Building and
Zoning Administrator shall determine whether the application is complete.
If the application is determined to be incomplete, the Building and
Zoning Administrator shall give written notice thereof to the owner,
specifying the deficiencies. The owner shall have 10 days from receipt
of said notice to supply the additional information and/or documentation.
(c)
If the owner determines that it requires more than 10 days to
supply the additional information and/or documentation, the owner
shall request an extension, in writing, from the Building and Zoning
Administrator setting forth the reasons therefor. In the absence of
such written request, the failure to provide the additional information
and/or documentation within the ten-day period shall be a violation
of this chapter.
(d)
In the event that the owner makes a written request for an extension as provided for in Subsection S(7)(c) above, the Building and Zoning Administrator and the owner shall endeavor to agree on an end date for submission of all required additional information or documentation. The failure of the owner to submit all required information or documentation by the agreed upon date shall constitute a violation of this chapter. In the event the owner and the Building and Zoning Administrator are unable to agree on an end date, the Building and Zoning Administrator shall refer the matter to the Planning Board, which shall establish an end date for submission of all required information and documentation after giving the owner an opportunity to be heard. The failure of the owner to submit all required information and documentation by said end date shall be considered a violation of this chapter.
(e)
Once an application has been deemed complete, the Building and
Zoning Administrator shall have 30 days to review the application
and issue a determination in writing:
[1]
Approving the application;
[2]
Approving the application with conditions; or
[3]
Declaring the application ineligible for approval by the Building
and Zoning Administrator, in which case the application shall be referred
to the Planning Board for site plan review pursuant to the relevant
requirements of this chapter.
(f)
In reviewing an application, the Building and Zoning Administrator
shall consider the following factors:
[1]
The necessity of retaining stormwater on premises so as not
to impose a burden on sidewalks, streets, adjoining properties and
on the public storm wastewater system.
[2]
The size of the subject parcel.
[3]
The existing drainage facilities on the site.
[4]
Whether repurposing the abandoned sanitary system is a viable
option for retaining stormwater on the premises.
T.
Terms.
The initial term for satisfaction of conditions of a site plan approval
shall be one year unless the Board provides for a longer initial period,
which shall not exceed two years.
[Added 8-3-2023 by L.L.
No. 8-2023]
(1)
Applicants who fail to obtain a building permit within the initial
term may seek extensions of site plan approval from the Planning Board,
subject to the following:
(b)
Each extension term shall be for a period of one year.
(c)
A maximum of two extensions may be granted, but in no such instance
shall an approval be extended beyond a total of four years from the
date of initial approval.
(d)
All extensions shall be subject to the Planning Board's
determination that no material intervening changes have occurred that
would warrant additional review or reconsideration.
(2)
Applicants that fail to obtain a building permit within the initial
term plus two granted extensions must refile their application subject
to all fees and requirements of a new submission.
[Amended 5-14-1982 by L.L. No. 9-1982; 3-9-1990 by L.L. No. 6-1990]
A.
No building or structure shall hereafter be erected,
altered, enlarged or extended so as to affect the building area, the
yards thereof, the height of the building or structure or its use;
no lands shall be occupied or used; and no use or ownership title
of any land, building or structure, in whole or in part, shall hereafter
be changed and the property occupied and used, in whole or in part,
for any purpose whatsoever until a certificate of occupancy shall
have been issued by the Zoning Inspector stating that the building
or structure or the proposed use of the land or building or structure,
in whole or in part, complies with the provision of this chapter and
of any other applicable regulations.
B.
No certificate of occupancy shall be issued by the
Zoning Administrator until the following shall have been completed:
C.
An updated certificate of occupancy shall be required
upon the sale or transfer of any improved real property including
a condominium and it shall be unlawful to use or occupy any improved
real property after title has been transferred without first obtaining
an updated certificate of occupancy.
[Added 5-14-2001 by L.L. No. 6-2001; amended 3-10-2003 by L.L. No. 1-2003; 12-8-2003 by L.L. No. 13-2003]
D.
No certificate of occupancy shall be issued unless
all buildings, structures and units as shown on the building permit
application are fully completed and are complying in all respects
with this chapter and the New York State Building Code. The Building
and Zoning Administrator shall have the discretion and the authority
to issue a certificate of occupancy when a completed building or structure
does not meet the setback requirements of this Code subject to the
following: the setback violation cannot exceed six inches and the
Building and Zoning Administrator determines that the violation was
due to a reasonable mistake in the placement of a building or structure.
[Added 3-10-2003 by L.L. No. 1-2003;
amended12-8-2003 by L.L. No. 13-2003]
Printed evidence of the issuance of the building
permit shall be displayed on the premises during construction.
[Added 2-20-1970]
Before any lot is formed from part of a lot,
the owner thereof shall submit the proposed separation or subdivision
plan to the Planning Board, in duplicate, for its approval and determination
whether the same constitutes a subdivision. Such proposed plan shall
show the location of property lines, buildings and other existing
features, locations of the lot with reference to existing streets,
easements of right-of-way, the location, area and dimensions of each
of the proposed new lots and other adjoining lands, if any, to which
the owner, directly or indirectly, now has or previously had an interest.
[Added 2-20-1970]
No building permit, certificate of occupancy
or certificate of existing use shall be issued where a new lot proposed
to be formed will cause or create a violation of any provision of
this chapter or of any rule or decision of the Planning Board or any
other statute, law, code or ordinance applicable to such premises
or any existing or new improvement associated therewith.
A.
In their interpretation and application, the provisions
of this chapter shall be held to be the minimum requirements adopted
for the promotion of the public health, morals, safety or the general
welfare of the community.
B.
Whenever the requirements of this chapter are at variance
with the requirements of any other lawfully adopted rules, regulations
or ordinances the most restrictive, or that imposing the higher standards,
shall govern.
[Amended 6-14-1991 by L.L. No. 13-1991; 12-13-1993 by L.L. No. 12-1993]
Any person aggrieved by action of the Zoning Inspector and/or the Building Inspector in the granting or denying of an application for a building permit, sign permit or certificate of occupancy solely or partly because of the provisions of Chapter 197 of the Village Code may take an appeal therefrom to the Zoning Board of Appeals by filing a notice of appeal, which shall specify the grounds thereof, with the Village Clerk within 30 days from the date on which such action was taken.
[Amended 11-10-2003 by L.L. No. 12-2003]
A.
A fee shall be charged and paid at the time of filing
each application with the Zoning Inspector and at the time of filing
an appeal or application with the Board of Zoning Appeals, except
that, a fee shall have been paid for the building permit, no fee shall
be required for a certificate of occupancy. The amount of such fee
shall be as generally determined from time to time by the Village
Board of Trustees.[1]
[1]
Editor's Note: Current fees are available
and on file in the office of the Village Clerk.
B.
Any board or agency of the Village shall, with respect
to any application pending before such board or agency, be entitled
to engage any expert or consultant, including but not limited to surveyors,
engineers, planners, environmental consultants and appraisers to assist
said board, and the actual fees and costs incurred by said board shall
be paid by the applicant.
