[Adopted 12-14-2009 by L.L. No. 15-2009[1]]
[1]
Editor's Note: This local law provided that it shall take
effect on January 2, 2010, subject to acceptance and filing by the
Secretary of State.
A.
Pursuant to § 7-725-a of the Village Law, the Board of
Trustees herein enacts this article to regulate the review of site
plan applications and the issuance of site plan approvals, denials,
approvals with modifications and approvals with conditions by the
Village Planning Board.
B.
The 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 183, Zoning, do not provide the type of site-specific review necessary to assure those ends. Accordingly, the Board of Trustees 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 and approval process
must be designed to both protect, preserve and advance the interests
of the community and to encourage positive economic development within
the Village. 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 article is to provide control over construction
in a manner which prevents negative construction and encourages positive
community and economic development.
As used in this article, the following terms shall have the
meanings indicated:
A rendering, drawing or sketch prepared to all relevant specifications
and containing necessary elements, as set forth in this article, which
shows 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 § 7-728 of the Village
Law shall continue to be subject to such review and shall not be subject
to review as site plans under this article. However, this article
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 circumstances, 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 article, 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.
[Amended 3-8-2010 by L.L. No. 2-2010]
A.
Any site plan approval or approval of site plan modification issued
pursuant to the provisions of this article shall become null, void
and of no further effect unless a building permit for the construction
upon said site plan shall have been issued within 180 days of the
filing of such approval.
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 the Board of Trustees, the one-hundred-eighty-day
period shall not begin to run until the Zoning Board of Appeals or
the Board of Trustees shall file its determination on an application
respecting such relief, provided said application is filed within
60 days of the filing of the site plan approval or approval of site
plan modification.
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 Village of Amityville 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 article.
A.
An approved site plan shall be required for the following when such
concerns commercial, industrial, multiple residence or senior citizen
multiple residence development as follows:
(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
which proposes the use of parking facilities located on any other
parcel, whether adjacent or not.
(3)
Any application for a building permit or certificate of occupancy
which proposes the use of parking facilities located on any other
parcel, whether vacant 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 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.
(10)
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.
(11)
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.
(12)
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 § 24-22, unless waived or modified by the Planning board.
(13)
Any application for a subdivision.
(14)
Any proposed change in average grade of the subject premises
of more than one foot.
B.
An approved site plan shall also be required for any application
for a building permit or certificate of occupancy which requires an
environmental declaration be made and no other Village agency has
jurisdiction over the issue, in which event no public hearing shall
be required.
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, 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, including
compliance with the Americans with Disabilities Act.
(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 Village 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 may require an applicant to submit
a plan showing all such trees and/or all existing vegetation. If review
pursuant to this article 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 Bay Village architectural
theme.
(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 the proposed and reasonably anticipated uses of the parcel pursuant to Chapter 183, 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;
all such facilities shall contain a concrete floor and shall be enclosed
by a six-foot-high cyclone fence with self-closing and self-latching
gates. The fence shall be provided with privacy slats on all sides
for its full height. The Planning Board shall have the authority to
approve alternative enclosures that they find to be more appropriate.
(12)
That the general health, safety and welfare of the Village 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 will have a positive influence upon the community.
C.
No building permit shall be issued for any construction in connection with an approval site plan unless the Code Enforcement Officer has approved a stormwater pollution prevention plan in accordance with the requirements of Chapter 150 of the Code.
D.
Various on-site structures and uses within the development or site
shall be harmonious and in scale to one another and with the neighborhood.
No open design foundation system shall be permitted for residential
structures within the AE Flood Zones. Open design foundation systems
shall only be permitted in FEMA-designated V (Velocity) Zones.
[Added 6-8-2015 by L.L.
No. 5-2015]
A.
No application for site plan review and approval shall be deemed
complete for submission unless it is first reviewed and cleared by
the Code Enforcement Officer. Said officer shall review each such
application within 15 days of delivery of the same to the Code Enforcement
Officer. If the application is found to be incomplete, the applicant
will then be so notified.
B.
If an application is still incomplete 60 days after notice from the
Code Enforcement Officer of any incomplete item or items, the application
shall be deemed abandoned and the application fee will be forfeited.
The Planning Board may, however, grant extensions of the sixty-day
time frame.
C.
Upon acceptance of a complete application, which shall include adequate copies of the proposed site plan and all required information, a post-submission conference shall be scheduled with the Code Enforcement Officer to discuss and review the site plan submitted so that the applicant may proceed with a clear understanding of the Village's requirements in matters relating to the development of the site, including the provisions of this article and Chapter 183, Zoning. The applicant may request an informal review of the application by the Planning Board prior to the public hearing.
D.
The Planning Board shall render its decision within 62 days from
the conclusion of the public hearing.
E.
The time within which the Planning Board must render its decision
may be extended by mutual consent of the Planning Board and the applicant.
F.
All Planning Board decisions must be filed with the Village Clerk
and a copy thereof mailed to the applicant.
A.
The applicant shall cause a site plan to be prepared by a New York
State duly licensed 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 landscape plan,
schedule of plantings and underground irrigation system.
(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)
The zoning classification of all properties within 50 feet of
the subject property.
(14)
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 New York State duly licensed 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 New York State duly licensed
architect or engineer certifying that all construction, improvements
and work has been completed in accordance with the approved site plan,
the Code of the Village of Amityville, the New York State Uniform
Fire Prevention and Building 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 is hereby authorized to enact rules to supplement the requirements noted in § 24-20. The Planning Board may promulgate such forms as it deems appropriate respecting applications pursuant to this article.
B.
The Planning Board shall have full authority to interpret and implement
this article.
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 consistent and compatible with the Bay Village architectural theme. Any application for a building permit or certificate of occupancy must comply with such restrictions unless a site plan is approved pursuant to § 24-23.
[Amended 3-8-2010 by L.L. No. 2-2010]
A.
With regard to any particular application, the Planning Board may, when reasonable, waive any requirements indicated in § 24-20, any rule it has promulgated pursuant to § 24-21 or guidelines and specifications it has enacted pursuant to § 24-22 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 the 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 § 24-20 or any rule promulgated pursuant to § 24-21 or general guidelines and specifications promulgated pursuant to § 24-22, if the Board finds such information necessary or beneficial to its review of the application.
A.
The Zoning Board of Appeals may seek an advisory opinion from the
Planning Board for examination and comment on 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 article, 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 may seek an advisory opinion from the Zoning Board
of Appeals concerning the interpretation of any section of the Village
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 shall file response within 30 days after
the expiration of the time frame within which 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.
