Until a planning board is created pursuant to
Village Law § 7-718, the Village Board shall act as the
Planning Board.
Site plan review shall be required for the following:
A.
Any application for a building permit for any building,
structure or improvement on any lot, parcel or piece of land with
an area equal to or greater than five acres, excepting any agricultural
building or other structure less than 300 square feet.
B.
Any grading, clearing, cutting, filling, excavating
or tree removal on any lot, parcel or piece of land where the area
of the grading, clearing, cutting, filling, excavating or tree removal
equals or exceeds 2,000 square feet and is not directly an element
of construction of a single-family residence for which a permit has
been issued incident to which any aforesaid proposed activity was
clearly and completely disclosed on the site plan filed with the Building
Inspector.
C.
Any erection, construction, alteration, demolition,
moving or alteration of any building, structure or improvement where
the use is either nonconforming, permitted by special exception or
other than single-family residential, excepting any interior renovation
that does not change or intensify the use or increase occupancy.
D.
Any change of use of any nonconforming use and special
exception application.
E.
All signs, including for all nonresidential uses and
all nonconforming uses, excluding residential real estate signs, and
residential nameplate signs not exceeding two square feet.
F.
Any excavation or fill consisting of any material that changes the natural grade. Notwithstanding any other provision herein, site plan review shall not be required for placement of fill incident to a lawful excavation of a foundation and consisting of 600 cubic yards or less, provided the placement complies in all respects with the requirements of § 245-66C.
[Amended 2-18-2014 by L.L. No. 6-2014]
G.
Any new construction of or additions to any building or structure on any lot bounded by water excluding a man-made pond (hereinafter waterfront lot) and/or any area, if any, of any lot within 400 feet landward of the landward edge of the Coastal Erosion Hazard Area Map limit line as said erosion hazard area limit line is defined in Village Code § 42-5 (hereinafter adjacent area), except site plan review is not required for interior alterations within any said area.
[Added 5-10-2010 by L.L. No. 1-2010; amended 12-17-2012 by L.L. No.
6-2012; 6-21-2021 by L.L. No. 3-2021]
A.
Agricultural reserves, preserved land and open space.
On any parcel subject to any commitment limiting further development
by reason of a sale of development rights, imposition of a conservation
or similar easement, preserved as open space or participating in any
similar program or used for agriculture, any site plan approval for
the construction of agricultural buildings, structures and improvements
shall require a maximum preservation of open space, the least possible
disturbance of the prime agricultural soil, and maximum maintenance
of unencumbered public vistas that still allow for efficient farming
practice and, in all events, shall limit any such construction to
buildings, structures and improvements that are of a true agricultural
nature, are used solely for agricultural purposes, and are necessarily
accessory to the principal agricultural use.
B.
Waterfront lots and adjacent area.
[Added 12-17-2012 by L.L. No. 6-2012]
(1)
All
new or replacement buildings and structures including both principal
and accessory structures shall be set back no less than 125 feet from
the crest of any and all ocean beach dunes.
(3)
Any
and all applications for a building permit on a waterfront lot or
within the aforesaid adjacent area shall include native revegetation
and restoration measurers sufficient to meet the standards set forth
below:
(a)
The limits of site disturbance shall be identified.
(b)
The applicant for a permit shall have the proposed building and/or
structure and the areas to be disturbed staked by a licensed surveyor
in accordance with the survey. In addition, stakes shall be installed
marking the perimeter of the area to be disturbed.
(c)
Each application for development shall include a revegetation and
restoration plan which utilizes native vegetation.
(d)
Revegetation and restoration shall to the maximum extent possible
result in the reestablishment of the native vegetation which existed
prior to site disturbance.
C.
Placement of excavated fill. Where site plan review is required under § 245-65, placement of such fill shall be prohibited if it shall cause adverse changes to existing surface water runoff patterns or any change in the topography of the site unnecessary to the reasonable development of the site or any change in the topography enabling the development of a site with a topography different from contiguous or nearby parcels.
[Added 2-18-2014 by L.L. No. 6-2014]
The Planning Board[1], to the maximum extent possible, shall seek to accomplish
the following objectives in reviewing site plans. Nothing herein shall
preclude the Planning Board from requiring neighboring properties
to participate in the construction of joint or shared improvements
for access or drainage, provided that a problem has been identified
which can be mitigated only by joint action and an implementation
plan has been formulated to institute said mitigation.
A.
Traffic access. All proposed traffic accessways are
adequate in number, width, grade, alignment and visibility, are located
in proper relationship with intersections, pedestrian crossings and
places of public assembly and are in conformance with overall traffic
safety considerations.
B.
Interior circulation and parking. Adequate off-street
parking and loading spaces are provided to satisfy the parking needs
of the proposed uses on site and the interior circulation system is
adequate to provide convenient access to such spaces consistent with
pedestrian safety.
C.
Landscaping and screening. All landscaping of the
site shall be in keeping with the character generally prevailing in
the neighborhood and shall, wherever possible, not obstruct open space
view or scenic corridors in order to maintain the character of the
Village.
D.
Natural features. Due regard shall be paid to all
natural features on and adjacent to the site, including but not limited
to water bodies, drainage courses, wetlands, marshes, dunes, bluffs,
beaches, escarpments, agricultural lands, woodlands, large trees,
unique plant and wildlife habitat and flood hazard areas.
E.
Cultural features. Due regard shall be paid to all
cultural features on and adjacent to the site, including but not limited
to archaeological and paleontological remains, old trails, historic
buildings and sites and agricultural fields.
F.
Lighting. All outdoor lighting is of such nature and
so arranged as to preclude the projection of direct light and glare
to the sky and onto adjoining properties and streets.
G.
Drainage. The drainage system and layout proposal
will afford an adequate solution to any drainage problems.
H.
Public utilities. The plans for water supply and sewage
disposal are adequate.
I.
Public address or sound system. Any sound or public
address system shall be such that no sound from a system shall be
audible on adjoining properties or on any adjacent street.
J.
Physically challenged access. The plan and building
design shall accommodate the needs of the physically challenged and
be in conformance with the state and federal standards for design
and construction concerning the physically challenged, including but
not limited to handicapped parking requirements.
K.
Energy conservation. The site plan and building design
shall maximize the conservation of energy.
L.
Architecture. Wherever possible, architecture shall
comply with the purposes and intent of this chapter and shall be compatible
with the surrounding area in scale, style and material.
M.
Agricultural Overlay District. In considering site
plan applications for all buildings or other structures that are to
be situated on a lot equal to or greater than five acres and located
within the Agricultural Overlay District, the Planning Board[2] shall use the following factors to determine the most
suitable location of the buildings or other structures for the current
and future development of the property and the most suitable area
for future farmland preservation:
(1)
Development areas shall be located on the portion
of the lot where impacts on the loss of prime agricultural soils are
minimized.
(2)
Development areas shall be located on the portion
of the lot where impacts on views and vistas of the farmland areas
from public rights-of-way are minimized.
(3)
Farmland areas shall be located on the portion of
the lot to encourage continuity of farmland and farming operations
on the lot and adjoining properties.
(4)
Development and farmland areas shall be located to
minimize impacts on the future subdivision of the lot in accordance
with open space requirements.
[Amended 1-14-2008 by L.L. No. 2-2008]
B.
Fee. The site plan review fee is based on the area
of the site required to be improved, including any and all areas required
to be altered, excluding the area of any existing or proposed buildings.
(1)
A fee schedule shall be established, and changed as
needed, by resolution of the Village Board. A copy of the fee schedule
is on file with the Village Clerk's office.
(2)
In addition to the above required fee, the Planning
Board may require the payment of out-of-pocket expenses incurred by
the Village in studies and/or by retainer of expert advisors related
to the hearing, review and determination of an application. To impose
such additional fee, the Planning Board must provide the applicant
with written notice of its intent to conduct such studies and/or retain
expert advisors. Said notice shall describe the need, scope and cost
estimate of the work to be completed.
(3)
The Planning Board shall have the authority to modify
or waive the site plan review fee in whole or in part where such application
demonstrates, in the Planning Board's judgment, a substantial public
benefit. To modify or waive such fee, the Planning Board must adopt
a resolution, by a vote of a majority plus one, stating its findings.
C.
Site plan. The applicant shall cause a site plan map
at a minimum scale of one inch equals 40 feet to be prepared by an
architect, landscape architect, civil engineer or surveyor. The site
plan shall include those of the elements listed herein which are appropriate
to the proposed development or uses as indicated by the Planning Board
in a presubmission conference. This following information, in total,
shall constitute the site plan:
(1)
Legal data.
(a)
The name and address of the owner of record.
(b)
The name and address of the person, firm or
organization preparing the map, sealed with the applicable New York
State license seal and signature.
(c)
The date, North arrow and written and graphic
scale.
(d)
A property description prepared by a licensed
surveyor or civil engineer. The site plan may reference a land surveyor's
map or base reference map. All distances shall be in feet and hundredths
of a foot. All angles shall be given to the nearest 10 seconds or
closer. The error of closure shall not exceed one in 10,000.
(e)
The locations, names and existing widths of
adjacent streets and curblines.
(f)
The location and owners of all adjoining lands
and those lands directly across the street as shown on the latest
tax records.
(g)
The location, width and purpose of all existing
and proposed easements, setbacks, reservations and areas dedicated
to the public use within or adjoining the property.
(h)
A complete outline of existing easements, deed
restrictions or covenants applying to the property.
(2)
Natural features.
(a)
Existing contours with intervals of two feet
or less referred to in a datum satisfactory to the Planning Board.
In addition, spot elevations will be required where contour elevations
are less than two feet on the site.
(b)
The approximate boundaries of any areas subject
to flooding or stormwater overflows.
(3)
Existing structures and utilities.
(a)
Outlines of all structures and location of all
uses not requiring structures.
(b)
Paved areas, including parking areas, sidewalks
and vehicular access between the site and public streets.
(c)
Locations, dimensions, grades and flow direction
of any existing culverts or waterlines, as well as other underground
and aboveground utilities within and adjacent to the property.
(d)
Other existing development, including fences,
landscaping and screening.
(e)
The location and use of all buildings or other
structures within 200 feet of the boundary of the subject property.
(4)
Proposed development.
(a)
The location of proposed buildings or other
structural improvements, indicating setbacks from all property lines
and horizontal distances from existing structures.
(b)
The location and design of all uses not requiring
structures, such as off-street parking and loading areas and pedestrian
circulation. Parking calculations shall be shown.
(c)
The location, direction, power and time of use
for any proposed outdoor lighting or public address systems.
(d)
The location and plans for any outdoor signs
which must be in accordance with applicable sign regulations.
(e)
Except as provided further herein, grading and
drainage plans shall be based on a minimum three-inch rainstorm retention;
drainage calculations, contours and spot grade elevations are to be
shown. In addition, any such plans shall include an identification
and evaluation of offsite areas contributing to surface water runoff,
the volume from any said contributing area, any known or established
patterns of runoff including the capacity of adjacent streets to collect
and recharge runoff and detailed plans for retaining so much of all
such runoff on the subject site as can reasonably be retained, all
of which information shall supplement and be in addition to any plans
addressing a three-inch rainstorm retention.
[Amended 2-16-2016 by L.L. No. 2-2016]
(f)
Proposed landscaping, buffering and street tree
plans, including material size, quantity and location and a list of
proposed plantings.
(g)
Proposed location of water and sewer mains,
electrical service and cablevision installations, water valves and
hydrants and/or any alternate means of water supply and sewage disposal
and treatment.
D.
Notwithstanding any of the provisions of this section,
the Planning Board may waive any of the above-listed requirements
at its own discretion.
A.
Presubmission conference. Prior to the submission
of a site development plan, the applicant or his agent may meet with
the Planning Board.[1] The purpose of such conference shall be to discuss the
proposed uses and development in order to determine which of the site
development plan elements are to be submitted to the Planning Board
in order for the Planning Board to determine conformity with the provisions
and intent of this chapter.
B.
Within six months following the presubmission conference, nine copies
of the site development plan application and any related information
shall be submitted to the Planning Board. Within a reasonable time
after receipt of the application, the Planning Board shall determine
whether the application is complete. If the Planning Board determines
the application to be incomplete, it shall forthwith notify the applicant
wherein the application is deficient.
[Amended 2-18-2014 by L.L. No. 3-2014]
C.
If the Planning Board determines the application to be complete,
it shall transmit the application and/or solicit comments and review
from the Fire Marshal, the fire department with jurisdiction, the
Architectural and Historic Review Board and any other municipal or
county agency or district with jurisdiction or potentially affected
by the proposed development. The applicant shall be required to provide
to the Planning Board, as part of the application, the name and address
of the applicable fire department and other municipal agencies or
districts with jurisdiction over the subject property or potentially
affected by the proposed development. The Fire Marshal, the fire department
with jurisdiction, or other municipal agencies or districts with jurisdiction,
including agencies under contract to provide ambulance/emergency medical
services to the subject property, shall forward their comments to
the Planning Board.
[Amended 2-18-2014 by L.L. No. 3-2014]
D.
If the Planning Board determines that a public hearing on the application
is necessary, it shall schedule and hold the same within 62 days of
determining the application to be complete. In determining whether
or not 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. Notice of such hearing
shall be made by publication at least 10 days prior to such hearing
in the official newspaper of the Village.
[Amended 2-18-2014 by L.L. No. 3-2014]
E.
Within 62 days of the conclusion of the public hearing or, if none
was held, within 62 days of determining the application to be complete,
the Planning Board shall determine whether the site development plan
application complies with the purposes and specifications of the Zoning
Code and shall so inform the Building Inspector and Village Clerk
and the applicant, in writing, of its approval, approval with modifications
or disapproval. This sixty-two-day period may be extended by the Planning
Board upon the consent of the applicant or as may be permitted under
the State Environmental Quality Review Act as implemented by the Village
Code.
[Amended 2-18-2014 by L.L. No. 3-2014]
F.
No application shall be deemed complete until either a negative declaration has been made for the application pursuant to the State Environmental Quality Review Act (SEQRA), as implemented by Chapter 64 of the Village Code, or, if a positive declaration is made, until a draft environmental impact statement has been accepted by the Planning Board as satisfactory with respect to scope, content and adequacy. Reasonable time shall be provided for compliance with SEQRA, including the preparation of a final environmental impact statement.
G.
Amendments to a site development plan shall be acted
upon in the same manner as the approval of the original plan. Any
applicant who receives site plan approval will be required as a condition
of approval to execute an affidavit which states that the applicant
will notify the new property owner of the special conditions to the
site plan approval in the event that the property is sold.
H.
An approved site development plan shall be valid for
a period of two years from the date of approval. All work proposed
on the plan shall be complete within two years from the date of approval
unless a longer period was approved or the applicant obtains an extension
from the Planning Board.
I.
No regrading, clearing, tree removal or any other
work in preparation for future use of a site may take place until
site plan approval or written permission has been received from the
Planning Board.
J.
In the case of a site plan application requiring a
zoning variance, the site shall be subject to a preliminary review
by the Planning Board prior to action on said application by the ZBA.
Building permits issued pursuant to a variance shall be in accordance
with conditions established by the ZBA.
K.
A statement shall be placed on all site plans approved
by the Planning Board to the effect that the owner agrees to comply
with the plan and all conditions noted thereon. The owner or a bona
fide agent responsible for completion of the work shall be required
to sign such statement and provide such guaranty before any approved
plans will be released by the Planning Board. In the event that the
site plan is not signed by the owner or the owner's agent within 90
days of the date of the resolution of the Planning Board approving
the plan, the resolution shall be deemed null and void.
L.
To obtain a building permit, an applicant may submit
an undertaking secured by cash or other acceptable surety acceptable
to the Planning Board to guarantee performance of required improvements.
No certificate of occupancy shall be issued nor any undertaking released
until all requirements of site plan approval, including construction
of improvements, are completed in a manner satisfactory to the Planning
Board.
M.
Where a site plan application also requires approval
by the Planning Board for a special exception use, any building permit
which is issued shall be in accordance with both the conditions established
for the special exception use as well as for the site plan. Where
both special exception use and site plan approval are required, the
Planning Board may process the applications concurrently.
N.
[2]For site plan approval: stormwater pollution prevention
plan. A stormwater pollution prevention plan shall be required for
site plan approval. The SWPPP shall meet the performance and design
criteria and standards the stormwater pollution prevention plans chapter
of this Code.[3] The approved site plan shall be consistent with the provisions
of the Stormwater pollution prevention plans chapter of this Code.
[Added 1-17-2012 by L.L. No. 1-2012]
[2]
Editor's Note: Former Subsection N, regarding site plans for
single-family dwellings within the Agricultural Overlay District,
was repealed 2-18-2014 by L.L. No. 3-2014; said local law also redesignated
former Subsection O as Subsection N.
Any violation of the approval or conditions, including specific covenants or easements, established by the Planning Board with respect to a specific site plan application shall be deemed a violation of this chapter punishable under the provisions of Article XII.
