[Added 7-30-1985 by L.L. No. 5-1985]
Except for development within the Maple Union TOD District, which is governed by Article XXXIX of this chapter, the following shall apply: [Added 12-5-2019 by L.L. No. 7-2019]
[Amended 2-5-1987 by L.L. No. 1-1987]
A.
Where site development plan approval is required by
the terms of this chapter, no building permit and, in the case of
a change of use, no certificate of occupancy or use shall be issued
by the Building Inspector until such plan has been approved by the
Planning Board. Furthermore, no certificate of occupancy or use shall
be issued for such premises until all of the requirements of the Board's
approval, including any conditions attached thereto, shall have been
met. Continued conformance with such plan and requirements shall be
a condition of the continued validity of the certificate of occupancy
or use. Revisions of such plans shall be subject to the same approval
requirements. The Planning Board is authorized, subject to final approval
by the Village Board, to adopt such rules and regulations as it may
deem necessary to properly exercise this power of site development
plan review. Notwithstanding any other provision of this chapter,
a building permit or a certificate of occupancy or use may be issued
by the Building Superintendent without submission of a site development
plan and approval thereof by the Planning Board if the Superintendent
of Buildings shall determine that the construction or alteration for
which a building permit or certificate of occupancy is requested,
or the use for which a certificate of use is requested, will not result
in any of the following:
(1)
An increase in the number of off-street parking or loading spaces required pursuant to the provisions of Article XXXI of this chapter.
(2)
The enlargement or demolition and reconstruction of
greater than 20% of the current floor area or volume of a building.
(3)
The enlargement or demolition and reconstruction of
a building, the estimated construction cost of which, as determined
by the Superintendent of Buildings, does not exceed the sum of $50,000.
(4)
Any modification or installation of exterior lighting
facilities.[1]
[Added 12-2-1999 by L.L. No. 3-1999]
[1]
Editor's Note: Former Subsection B, regarding
specific uses requiring approval, added 2-13-2003 by L.L. No. 4-2003,
which immediately followed this subsection, was repealed 4-1-2004
by L.L. No. 3-2004.
A.
Application for site development plan approval shall
be made prior to making application for a building permit or, in the
case of a use conversion without additional construction, prior to
making application for a certificate of occupancy or use and shall
be submitted to the Planning Board at a regular public meeting. Until
such time as a complete application, including all of the information
and documentation in proper form as required by the Planning Board,
has been received by said Board, the application shall not be considered
as officially submitted.
B.
The application shall be accompanied by a detailed
site development plan prepared by a legally qualified individual or
firm, including but not limited to a registered architect or professional
engineer, and shall contain at least the following information:
(1)
A location map showing the applicant's entire property
and adjacent properties and streets at a convenient scale.
(2)
The proposed location, use and architectural design
of all buildings and structures.
(3)
Any proposed division of buildings into units of separate
occupancy.
(4)
Existing topography and proposed grade elevations.
(5)
The location of all existing and proposed parking
and truck loading areas, with access and egress drives thereto.
(6)
The location of outdoor storage, if any.
(7)
The location and design of all existing and proposed
site improvements, including pavement, walks, curbing, drains, culverts,
retaining walls and fences.
(8)
A description of the method of sewage disposal and
location of such facilities.
(9)
The location, size and design of all signs.
(10)
The location and proposed development of landscaping
and buffer screening areas.
(11)
The location, design and proposed hours of operation
of lighting facilities.
(12)
The proposed location, size, design and use
of all temporary structures and storage areas to be used during the
course of construction.
(13)
A signature block for Planning Board endorsement
of approval.
(14)
Any other pertinent information required by
the Planning Board which is reasonably related to the health, safety
and general welfare of the community.[1]
[1]
Editor's Note: Former Subsection B(15), requiring
the proposed hours of operation, added 2-13-2003 by L.L. No. 4-2003,
which immediately followed this subsection, was repealed 4-1-2004
by L.L. No. 3-2004.
(15)
A stormwater pollution prevention plan consistent with the requirements of Chapter 213, the Stormwater Management Law, and §§ 248-2D, 248-253.1 and 248-253.2 of the Zoning Law of the Village of Westbury shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in §§ 248-2D, 248-253.1 and 248-253.2 of the Zoning Law of the Village of Westbury. The approved site plan shall be consistent with the provisions of §§ 218-10 and 218-12 of the Subdivision of Land Law of the Village of Westbury.
[Added 8-16-2007 by L.L. No. 1-2007]
C.
Stormwater pollution prevention plan requirement.
[Added 8-16-2007 by L.L. No. 1-2007]
(1)
No application for approval of a land development activity shall be reviewed until the appropriate board has received a stormwater pollution prevention plan (SWPPP) prepared in accordance with the specifications in this subsection and § 248-253.1.
(2)
Contents of stormwater pollution prevention plans.
(a)
All SWPPPs shall provide the following background
information and erosion and sediment controls:
[1]
Background information about the scope of the
project, including location, type and size of project.
[2]
Site map/construction drawing(s) for the project,
including a general location map. At a minimum, the site map should
show the total site area; all improvements; areas of disturbance;
areas that will not be disturbed; existing vegetation; on-site and
adjacent off-site surface water(s); wetlands and drainage patterns
that could be affected by the construction activity; existing and
final slopes; locations of off-site material, waste, borrow or equipment
storage areas; and location(s) of the stormwater discharges(s).
[3]
Description of the soil(s) present at the site.
[4]
Construction phasing plan describing the intended
sequence of construction activities, including clearing and grubbing,
excavation and grading, utility and infrastructure installation and
any other activity at the site that results in soil disturbance. Consistent
with the New York Standards and Specifications for Erosion and Sediment
Control (Erosion Control Manual), not more than five acres shall be
disturbed at any one time unless pursuant to an approved SWPPP.
[5]
Description of the pollution prevention measures
that will be used to control litter, construction chemicals and construction
debris from becoming a pollutant source in stormwater runoff.
[6]
Description of construction and waste materials
expected to be stored on-site with updates as appropriate, and a description
of controls to reduce pollutants from these materials including storage
practices to minimize exposure of the materials to stormwater, and
spill-prevention and response.
[7]
Temporary and permanent structural and vegetative
measures to be used for soil stabilization, runoff control and sediment
control for each stage of the project, from initial land clearing
and grubbing to project closeout.
[8]
A site map/construction drawing(s) specifying
the location(s), size(s) and length(s) of each erosion and sediment
control practice.
[9]
Dimensions, material specifications and installation
details for all erosion and sediment control practices, including
the siting and sizing of any temporary sediment basins.
[10]
Temporary practices that will
be converted to permanent control measures.
[11]
Implementation schedule for staging
temporary erosion and sediment control practices, including the timing
of initial placement and duration that each practice should remain
in place.
[12]
Maintenance schedule to ensure
continuous and effective operation of the erosion and sediment control
practice.
[13]
Name(s) of the receiving water(s).
[14]
Delineation of SWPPP implementation
responsibilities for each part of the site.
[15]
Description of structural practices
designed to divert flows from exposed soils, store flows, or otherwise
limit runoff and the discharge of pollutants from exposed areas of
the site to the degree attainable.
[16]
Any existing data that describes
the stormwater runoff at the site.
(b)
Land development activities as defined in § 248-2D of this chapter and meeting Condition A, B or C below shall also include water quantity and water quality controls (postconstruction stormwater runoff controls) as set forth in § 248-253C(2)(c) below as applicable:
[1]
Condition A: stormwater runoff from land development
activities discharging a pollutant of concern to either an impaired
water identified on the Department’s 303(d) list of impaired
waters or a total maximum daily load (TMDL) designated watershed for
which pollutants in stormwater have been identified as a source of
the impairment.
[2]
Condition B: stormwater runoff from land development
activities disturbing five or more acres.
[3]
Condition C: stormwater runoff from land development
activity disturbing between one and five acres of land during the
course of the project, exclusive of the construction of single-family
residences and construction activities at agricultural properties.
(c)
SWPPP requirements for Conditions A, B and C:
[1]
All information in § 248-253C(2)(a) of this chapter.
[2]
Description of each postconstruction stormwater
management practice.
[3]
Site map/construction drawing(s) showing the
specific location(s) and size(s) of each postconstruction stormwater
management practice.
[4]
Hydrologic and hydraulic analysis for all structural
components of the stormwater management system for the applicable
design storms.
[5]
Comparison of postdevelopment stormwater runoff
conditions with predevelopment conditions.
[6]
Dimensions, material specifications and installation
details for each postconstruction stormwater management practice.
[7]
Maintenance schedule to ensure continuous and
effective operation of each postconstruction stormwater management
practice.
[8]
Maintenance easements to ensure access to all
stormwater management practices at the site for the purpose of inspection
and repair. Easements shall be recorded on the plan and shall remain
in effect with transfer of title to the property.
[9]
Inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures in accordance with § 248-253.2.
[10]
For Condition A, the SWPPP shall be prepared by a landscape architect, certified professional or professional engineer and must be signed by the professional preparing the plan, who shall certify that the design of all stormwater management practices meet the requirements in this chapter and Chapter 213.
(d)
Other environmental permits. The applicant shall
assure that all other applicable environmental permits have been or
will be acquired for the land development activity prior to approval
of the final stormwater design plan.
(e)
Contractor certification.
[1]
Each contractor and subcontractor identified
in the SWPPP who will be involved in soil disturbance and/or stormwater
management practice installation shall sign and date a copy of the
following certification statement before undertaking any land development
activity: "I certify under penalty of law that I understand and agree
to comply with the terms and conditions of the Stormwater Pollution
Prevention Plan. I also understand that it is unlawful for any person
to cause or contribute to a violation of water quality standards."
[2]
The certification must include the name and
title of the person providing the signature, address and telephone
number of the contracting firm; the address (or other identifying
description) of the site; and the date the certification is made.
[3]
The certification statement(s) shall become
part of the SWPPP for the land development activity.
(f)
A copy of the SWPPP shall be retained at the
site of the land development activity during construction from the
date of initiation of construction activities to the date of final
stabilization.
[Added 8-16-2007 by L.L. No. 1-2007]
All land development activities shall be subject
to the following performance and design criteria:
A.
Technical standards. For the purpose of this chapter and Chapter 213 the following documents shall serve as the official guides and specifications for stormwater management. Stormwater management practices that are designed and constructed in accordance with these technical documents shall be presumed to meet the standards imposed by this chapter and Chapter 213:
(1)
The New York State Stormwater Management Design
Manual (New York State Department of Environmental Conservation, most
current version or its successor, hereafter referred to as the "Design
Manual").
(2)
New York Standards and Specifications for Erosion
and Sediment Control, (Empire State Chapter of the Soil and Water
Conservation Society, 2004, most current version or its successor,
hereafter referred to as the "Erosion Control Manual").
B.
Equivalence to technical standards. Where stormwater management practices are not in accordance with technical standards, the applicant or developer must demonstrate equivalence to the technical standards set forth in Subsection A and the SWPPP shall be prepared by a licensed professional.
C.
Water quality standards. Any land development activity
shall not cause an increase in turbidity that will result in substantial
visible contrast to natural conditions in surface waters of the State
of New York.
[Added 8-16-2007 by L.L. No. 1-2007]
A.
Maintenance and inspection during construction.
(1)
The applicant or developer of the land development activity or their representative shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the applicant or developer to achieve compliance with the conditions of this chapter and Chapter 213. Sediment shall be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by 50%.
(2)
For land development activities as defined in § 248-2D of this chapter and meeting Condition A, B or C in § 248-253C(2)(b), the applicant shall have a qualified professional conduct site inspections and document the effectiveness of all erosion and sediment control practices every seven days and within 24 hours of any storm event producing 0.5 inch of precipitation or more. Inspection reports shall be maintained in a site logbook.
(3)
The applicant or developer or their representative
shall be on site at all times when construction or grading activity
takes place and shall inspect and document the effectiveness of all
erosion and sediment control practices.
B.
Maintenance easement(s). Prior to the issuance of
any approval that has a stormwater management facility as one of the
requirements, the applicant or developer must execute a maintenance
easement agreement that shall be binding on all subsequent landowners
served by the stormwater management facility. The easement shall provide
for access to the facility at reasonable times for periodic inspection
by the Village of Westbury to ensure that the facility is maintained
in proper working condition to meet design standards and any other
provisions established by this local law. The easement shall be recorded
by the grantor in the office of the Nassau County Clerk after approval
by the counsel for the Village of Westbury.
C.
Maintenance after construction. The owner or operator of permanent stormwater management practices installed in accordance with this chapter and Chapter 213 shall ensure they are operated and maintained to achieve the goals of this chapter and Chapter 213. Proper operation and maintenance also includes, as a minimum, the following:
(1)
A preventive/corrective maintenance program for all critical facilities and systems of treatment and control (or related appurtenances) which are installed or used by the owner or operator to achieve the goals of this chapter and Chapter 213.
(2)
Written procedures for operation and maintenance
and training new maintenance personnel.
(3)
Discharges from the SMPs shall not exceed design criteria or cause or contribute to water quality standard violations in accordance with § 248-253.1C.
D.
Maintenance agreements. The Village of Westbury shall approve a formal maintenance agreement for stormwater management facilities binding on all subsequent landowners and recorded in the office of the Nassau County Clerk as a deed restriction on the property prior to final plan approval. The maintenance agreement shall be consistent with the terms and conditions of Schedule B of Chapter 213, entitled "Sample Stormwater Control Facility Maintenance Agreement." The Village of Westbury, in lieu of a maintenance agreement, at its sole discretion may accept dedication of any existing or future stormwater management facility, provided such facility meets all the requirements of this chapter and Chapter 213 and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance.
A.
The Planning Board shall schedule and conduct a public
hearing on each site development plan application within 62 days from
the date of the meeting at which it was officially submitted. Public
notice of such hearing shall be given by publication in the Village's
official newspaper at least 5 days prior to the date thereof. The
Planning Board shall mail notice of said hearing to the applicant
at least 10 days before such hearing.
[Amended 2-6-1997 by L.L. No. 2-1997; 12-2-1999 by L.L. No.
3-1999]
B.
Notice to County Planning Board. At least 10 days
before such hearing, the Planning Board shall mail notices thereof
to the County Planning Board, as required by § 239-m of
the General Municipal Law, which notice shall be accompanied by a
full statement of such proposed action, as defined in Subdivision
I of § 239-m of the General Municipal Law. In the event
that a public hearing is not required, such proposed action shall
be referred before final action is taken thereon.
[Added 12-2-1999 by L.L. No. 3-1999]
C.
Compliance with State Environmental Quality Review
Act. The Planning Board shall comply with the provisions of the State
Environmental Quality Review Act under Article 8 of the Environmental
Conservation Law and its implementing regulations.
[Added 12-2-1999 by L.L. No. 3-1999]
D.
Within 62 days after such hearing, or after the day
the application is received if no hearing is held, the Planning Board
shall act to approve, approve with modifications or disapprove the
proposed site development plan. A copy of the Board's decision shall
within five business days be filed in the offices of the Village Clerk
and the Building Inspector and a copy thereof mailed to the applicant.
[Amended 2-6-1997 by L.L. No. 2-1997; 12-2-1999 by L.L. No.
3-1999]
E.
Within 60 days of the date of approval or approval
with modifications, the applicant shall present to the Planning Board
a corrected final site plan in reproducible form, including any modifications
required by the Planning Board as a condition of its approval. Upon
verification by the Planning Board and the Village Engineer that the
plan complies with the requirements of the Board's approval, the plan
shall be endorsed by the Planning Board Chairman and filed with the
Building Inspector.
F.
Notwithstanding any other provision of this section,
the Planning Board shall not be required to consider, schedule, hear
or approve any site development plan application if it shall appear
that the applicant has done or permitted to be done any act on the
subject site in violation of this chapter or any other chapter of
the Code of the Village of Westbury pursuant to which the Planning
Board is given jurisdiction or may have lead agency status, provided
that the appropriate enforcement officer or employee of the Village
shall also determine that a violation has occurred, and has commenced
or is about to commence enforcement proceedings in or before the appropriate
court and/or agency, until any one of the following events shall occur:
(1)
The apparent violation has been corrected or removed
as reported to the Planning Board by the appropriate enforcement officer
or employee.
(2)
A final determination has been rendered by the appropriate
court or agency dismissing the enforcement proceedings.
(3)
A final determination has been rendered by the appropriate
court or agency finding the applicant guilty of violating the Code,
the fine or penalty has been paid and the violation corrected, provided
that the Planning Board may determine it impossible or impractical
to correct the violation and, upon making that finding, may permit
the site plan review process to proceed.
G.
For the number of days the site plan review process
has been suspended by the Planning Board in the manner herein provided,
the time within which the Planning Board must otherwise act with regard
to a site development plan application shall be extended correspondingly.
In preparing its decision concerning any site
development plan application, the reviewing authority shall consider
the following factors:
A.
The nature, arrangement and appearance of all buildings
and uses on the lot.
B.
The potential impact of such buildings and uses upon
adjacent properties, architectural features and land uses so that:
(1)
They will have a harmonious relationship with the
existing and planned development of contiguous lands and adjacent
neighborhoods.
(2)
They will have no material adverse effect upon the
desirability of such neighborhoods for the uses contemplated by this
chapter.
(3)
They will be properly related to the proposals of
the Village Development Plan.
(4)
They will provide the required parking and loading
spaces.
(5)
Pedestrian and vehicular access, exterior lighting,
signing, buffer areas, traffic circulation and the general layout
of the site are properly planned with regard to the safety of vehicles
and pedestrians using the site, as well as those on neighboring properties
and streets.
(6)
They will be sited and located to take advantage of
solar access insofar as feasible, including the orientation of proposed
buildings with respect to sun angles, the shading and windscreen potential
of existing and proposed vegetation both on and off the site and the
impact on solar access to adjacent uses and properties.
(7)
The purposes and intent of this chapter will otherwise
be met, to the end that the property values will be conserved, the
most appropriate use of land will be encouraged and the health, safety
and general welfare of the community will be furthered.
C.
In acting to approve a site development plan, with
or without modifications, the Planning Board shall attach such conditions
and safeguards as it deems necessary to assure that the purposes and
intent of these regulations will be complied with.[1]
[1]
Editor's Note: Former Subsection D, regarding
the hours of operation of certain business uses, added 2-13-2003 by
L.L. No. 4-2003, which immediately followed this subsection, was repealed
4-1-2004 by L.L. No. 1-2004.
The Planning Board may, on its own initiative,
propose a general or specific site plan for a particular area where
a site development plan approval may be required in the future, using
as a guide the requirements of this Zoning Chapter.
A.
Completion of improvements or filing of bond. After
adoption of a resolution approving a site development plan, and before
the plan is endorsed by the Planning Board Chairman or other duly
authorized member, the applicant shall be required to complete, at
his expense and without reimbursement by the Village or any special
district, all public improvements as shown on the approved construction
plans or otherwise specified in the resolution or, as an alternative,
file with the Village Board a bond in an amount fixed by the Planning
Board in its resolution as sufficient to secure to the Village the
satisfactory construction, installation and completion of the required
improvements. Such bond shall state the period within which the required
improvements must be completed, which period shall be that specified
in the Planning Board resolution. All improvements shall be done to
the satisfaction of the Planning Board, in accordance with the approved
construction plans and the requirements of this chapter and any other
Village construction standards and specifications.
B.
Failure to complete improvements.
(1)
Where a bond is not filed: If all required improvements
are not completed within the period specified in the Planning Board
resolution of approval, such approval shall be deemed to have expired,
unless, upon request of the applicant, the period has been extended
by resolution of the Planning Board.
(2)
Where a bond is filed: If all required improvements
are not completed within the term specified by the Planning Board
and set forth in the filed bond, and if no application for extension
of such period and bond has been made by the applicant with the written
consent of the surety company and approved by the Planning Board,
the Village Board may thereupon declare said bond to be in default
and collect the sum remaining payable thereunder and, upon receipt
of the proceeds thereof, the Village shall install such improvements
as are covered by the bond and are commensurate with the extent of
development that has taken place on the site, but not exceeding in
cost the amount of such proceeds.
C.
Modification of bond.
(1)
Extension of period specified in bond: The period
specified for the completion of all required improvements, as set
forth in the bond, may be extended only by resolution of the Planning
Board upon request by the applicant with the written consent of the
surety company setting forth in detail the amount of work which has
been completed, reasons for failure to complete the remainder of the
work within the specified period, the maximum estimated time required
to complete the remainder of the work and the time period extension
which is requested.
(2)
Reduction of bond: An applicant may request, in writing,
that the Planning Board authorize a reduction in the amount of the
bond. Such request shall itemize the extent to which required improvements
have already been completed, the estimated cost of improvements remaining
to be completed and the amount of bond reduction requested. It shall
be accompanied by a cost estimate fee in an amount as set from time
to time by resolution of the Board of Trustees, payable to the Village
of Westbury. Then, upon approval of the Village Board, and after due
notice and public hearing, the Planning Board may, if it determines
that sufficient required improvements have been installed to warrant
such action, reduce the face amount of the bond by an appropriate
amount so that the new amount will cover the cost in full of all required
improvements remaining to be completed and any security deposited
with the bond may be reduced proportionately.
[Amended 12-2-1999 by L.L. No. 3-1999]
D.
Modification of requirements. If at any time, either
before or during the course of construction of the required improvements,
it is determined by the Planning Board that unforeseen conditions
make it necessary to modify the location or design of any improvements,
the Board may modify the terms and conditions of the approval so as
to require such changes as may be necessary to comply with the spirit
and intent of the Board's original approval and to conform to accepted
engineering practices. If such modification affects the scope of work
covered by a bond, the Board may require or allow appropriate modification
of such bond.
A.
The Building Inspector shall be responsible for inspecting
required improvements during construction to ensure their satisfactory
completion and, upon such completion, shall furnish the Planning Board
with a statement to that effect. If the Building Inspector determines
that any of the required improvements have not been constructed in
accordance with the approved plan, the applicant shall be responsible
for properly completing said improvements. Failure of the Building
Inspector to carry out inspections of required improvements during
construction shall not in any way relieve the applicant or the bonding
company of their responsibilities related to the proper construction
of such improvements.
B.
Inspection fee. To offset the costs incurred by the
Village in conducting inspections, all applicants for approval of
site plans involving the construction of streets, utilities, parking
lots, retaining walls, landscaping and/or other improvements shall
be required to submit an inspection fee, payable to the Village of
Westbury, equal in amount to 3% of the estimated cost of improvements
as determined by the Planning Board.
[Added 12-3-1992 by L.L. No. 10-1992]
Except where the Planning Board, on its own initiative, shall have adopted a site development plan pursuant to § 248-256 hereinabove, a site development plan approval granted by the Planning Board shall lapse and become void and of no effect unless a building permit for each structure included on such site development plan shall have been issued within one year immediately following the date on which such site development plan has been endorsed with the approval of the Planning Board.[1]
[1]
Editor's Note: Former § 248-259.1,
Sign applications, added 6-3-1999 by L.L. No. 1-1999, which immediately
followed this section, was repealed 5-3-2001 by L.L. No. 2-2001.
