[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.
[Added 12-2-1999 by L.L. No. 3-1999]
[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.
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.
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.
[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.