[HISTORY: Adopted by the Board of Trustees
of the Village of Northport as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Board of Architectural and Historic Review — See
Ch.
13 and A311.
Building construction — See Ch. 106.
Environmental quality review — See Ch. 138.
Flood damage prevention — See
Ch. 159.
Grading and filling — See Ch. 173.
Exterior lighting — See Ch. 191.
Planning Board — See Ch. 219.
Trees — See Ch. 277.
Diversion of watercourses — See Ch. 299.
Zoning — See Ch. 306.
Subdivision regulations — See Ch. A312.
[1]
Editor's Note: This local law also provided that all nonresidential property now in existence which conformed to ordinances and laws in effect at the time of its development and which does not conform to the newly amended requirements for landscaping and storage screening of chapter 247, Site Plan, § 247-6E through G shall be brought in conformity hereto upon any change of use of the subject property that has an increased parking requirement, but no later than five years from the effective date of this local law regardless of whether there has been a change of use, unless a waiver or extension has been granted by the Planning Board pursuant to the conditions specified under § 219-19. All nonresidential property now in existence which conformed to ordinances and laws in effect at the time of its development and which does not conform to the newly amended requirements for access and parking of Chapter 247, Site Plan, § 247-6C and D shall be brought in conformity hereto no later than five years from the effective date of this local law unless a waiver or extension has been granted by the Planning Board pursuant to the conditions specified under § 219-19.
These regulations are established to provide for the orderly growth and coordinated development of the business and commercial areas of the Village of Northport, pursuant to the provisions of Chapter 219, Planning Board, § 219-18, of the Code of the Village of Northport, so as to assure the health, safety and general welfare of its people, with consideration being given to vehicular and pedestrian traffic; to adequate drainage of surface water, recognizing the topographic and geologic character and natural drainage and the groundwater table; to encourage the preservation of such natural features as trees, woodlands, streams and ponds; to provide adequate utility services, and with desirable standards of subdivision design, so as to provide suitable building sites for the land use permitted by Chapter 306, Zoning.
In considering and acting upon site development plans, the Planning Board shall take into consideration the public health, safety and welfare and the comfort and convenience of the public in general and of the residents of the immediate neighborhood in particular. The Planning Board may prescribe appropriate conditions and safeguards as may be required in order that the result of its action may, to the maximum extent possible, further the expressed intent of Chapter 306, Zoning, of the Village of Northport and Chapter 219, Planning Board, Article IV, of the Code of the Village of Northport and the accomplishment of the following objectives in particular:
A.
Traffic access.
(1)
All proposed traffic access and drives are adequate
but not excessive in number.
(2)
Traffic access is adequate in width, grade, alignment
and visibility.
(3)
Traffic access is not located too near street corners
or places of public assembly.
(4)
Access points are spaced and situated to avoid conflict.
(5)
Traffic flow into and out of access points is controlled
and clearly marked.
B.
Vehicular circulation and parking.
(1)
Off-street parking and unloading spaces are provided
that are adequate in size and quantity.
(2)
The number of parking and loading spaces provided
is sufficient, but not excessive, for the use or use(s) on the site.
Opportunities for shared parking are factored into assessments of
parking needs.
(3)
The interior circulation system is adequate to provide
safe accessibility to all required off-street parking.
(4)
Required loading zones and loading areas shall not utilize any area
designated as a driveway, an aisle way, parking stall or walkway,
and shall be designed to adequately protect nearby parking stalls
during vehicle maneuvering, and shall be physically separate from
off-street parking stalls, parking lot aisles, vehicular stacking
or drive-through lanes, and driveways to prevent conflicts with internal
vehicular maneuverability as determined necessary and at the discretion
of the reviewing agency. Where a loading space is not required by
the Zoning Code, the Planning Board may require an unmarked loading
space to be shown on the site plan. Any expected delivery trucks must
be able to fit and maneuver into the unmarked space and must not need
to back into or out of the property from/to the street. Unmarked spaces
may block dumpsters or parking spaces, but cannot block handicapped
parking spaces or site entranceways. Where the site development incorporates
a drive-in facility, queuing or stacking lanes no less than 12 feet
in width (typical of that required for minimum one-way driveway circulation)
for queued vehicles shall be provided. The minimum number of vehicles
stacked shall be eight vehicles for one drive-in facility and five
additional vehicles for each additional drive-in facility. The reviewing
agency may permit a lesser number of stacked vehicles if determined
reasonable for the use proposed only upon receipt of a stacking study
for the same use or a use similar in character to that proposed. Each
vehicular stall within the stacking lane shall have a dimension of
no less than nine feet wide by 20 feet in length and shall be oriented
through practical vehicular turning radii to fit within the confines
of the stacking lane width. The vehicle one-way stacking lanes shall
be separate from and shall not interfere with parking stalls, parking
and driveway aisles, and loading spaces through installation of a
physical separation barrier. The stacking lanes shall not cause any
hazard or congestion to occur on a public street or highway or restrict
ingress, egress or parking.
[Added 6-1-2021 by L.L.
No. 4-2021]
C.
Landscaping and screening.
(1)
All existing trees are retained to the maximum extent
possible.
(2)
All parking, service, storage and exposed utility
areas are reasonably screened.
(3)
Parking areas are attractively landscaped and adequately
graded.
(4)
Landscaping enhances the appearance of the property
and community, provides shade, and performs such ecological functions
as stormwater runoff management and the promotion of biological diversity.
(5)
Impervious surfaces are minimized.
D.
Pedestrian access and orientation.
(1)
Sidewalks with planted buffer strips are provided
in all areas where they are appropriate and feasible.
(2)
Buildings and landscaping provide an attractive, comfortable,
safe and convenient pedestrian experience.
(3)
Newly constructed buildings front the street, when
feasible and appropriate.
(4)
Safe pedestrian pathways are provided to building
entrances from the street and from parking areas.
(5)
Pedestrians have easy and direct access to adjacent
commercial sites, when feasible.
F.
Neighboring uses.
(1)
Outdoor lighting is of such nature, design and arrangement
so as to preclude light diffusion or glare onto adjoining properties
and streets, and light trespass onto adjacent residential properties.
(2)
Heating, ventilation and air conditioning systems
do not emit unacceptable levels of noise, fumes or odors to adjacent
properties.
(3)
The general health, safety and welfare of the Village
and the local community is not negatively affected by the proposed
site plan.
(4)
The proposed site plan will provide development that
will have a positive influence on the community.
A.
Per the requirements of § 219-18, site plan approval from the Planning Board is required for:
(1)
All new nonresidential property construction or reconstruction,
or the construction or reconstruction of residential property for
the use of more than three families.
(2)
Any alterations to and/or expansion of an existing
building or property not in residential use.
(3)
Any change in the number of uses or the type of use(s)
of an existing property not in residential use.
(4)
The conversion of a residential to a non-residential
use.
B.
Submissions for site plan approval shall be made in
two phases, preliminary and final review.
(1)
Preliminary review is required to solicit Planning
Board input, identify the issues and concerns the proposal will need
to address, and detail the submittal requirements for Final review,
including any technical studies that may be required. Submissions
for preliminary site plan review are encouraged to be made as early
as possible in the development process, but shall contain sufficient
information to estimate conformity with the provisions and intent
of this article.
(a)
The Planning Board shall act to approve, approve
with modifications or disapprove such preliminary plan within 30 days
after the meeting at which preliminary approval is requested by the
applicant.
(b)
Applicants shall be required to notify the owners
and occupants of property within a radius of 500 feet of the application
site, provided that such property lies within the Incorporated Village
of Northport.
[1]
Such notices shall describe the application
for development, redevelopment, expansion or change of use(s). They
shall also note that the application will be undergoing preliminary
site plan review by the Planning Board, and provide the date of the
Planning Board meeting at which such review shall be initiated.
[2]
Mailing addresses for property owners requiring
notification shall be obtained from the Village.
[3]
Notices to occupants shall be mailed to the
addresses of properties identified within the radius area.
[4]
Notices shall be mailed at least 10 days prior
to the first meeting of the Planning Board at which the site plan
will be considered.
[5]
Applicants shall document compliance with this
provision and provide such documentation to the Planning Board.
(2)
Applicants whose preliminary development plans have
been approved, or approved with modifications, may submit their projects
for final site plan review. Plans submitted for final review will
be checked against any modifications or conditions attached to the
preliminary approval. Submissions for final site plan approval must
be received by the Planning Board at least 10 days prior to the regularly
scheduled Planning Board meeting at which they are to be considered.
(3)
Pursuant to Village Law § 7-725-a, the Planning
Board shall conduct a public hearing within 62 days from the day an
application for final site plan approval is received.
(a)
At least 10 days before such hearing the Planning
Board shall mail notification of said hearing to the applicant, and
to the Suffolk County Planning Commission and to the Clerk of any
municipality located within 500 feet of the subject property.
(b)
At least five days before such hearing, the Planning Board shall give public notice of said hearing in a newspaper of general circulation in the Village. The cost of said publication shall be borne by the applicant, which shall be paid in full prior to publication in accordance with the procedures set forth in Northport Code § 147-4. The failure to pay the required fee shall toll the time period for the scheduling of the public hearing.
(c)
Within 62 days of the date of public hearing,
unless there is mutual consent on an extension by applicant and the
Planning Board, the Planning Board shall either approve the site plan,
approve the site plan with modifications or disapprove the site plan.
The Planning Board's disapproval or approval with modifications shall
include written findings upon any element or design of the final site
plan which is found contrary to the provisions and/or intent of applicable
laws. Said decision shall be filed in the office of the Village Clerk
within five business days after it is rendered and a copy mailed to
the applicant.
(d)
At least 10 days before the public hearing for
final site plan review, the applicant shall cause notice of said public
hearing to be sent in writing to all contiguous property owners as
shown on the current assessment rolls of the Village of Northport
plus a second distribution of said notice addressed to "Occupants"
of said properties. The applicant shall file an affidavit with the
Planning Board attesting to the mailing of such notices. "Contiguous
property owners" shall be deemed to include all properties contiguous
to the subject property, and all properties located within a five-hundred-foot
radius of the property boundaries, so long as said owners own property
within the corporate limits of the Incorporated Village of Northport.
A copy of said notice shall also be addressed to the Town or Village
Clerk of neighboring municipalities within 500 feet of the subject
property, when applicable, subject to New York State General Municipal
Law § 239-nn. Such notice shall be served by mail not less
than 10 days or by personal service not less than seven days prior
to the date of the hearing, and proof of proper service, in affidavit
form, shall be submitted to the Planning Board by the applicant at
or prior to the hearing. In addition, the applicant shall post, in
a conspicuous portion of the subject property (within 10 feet of the
public way) a sign giving notice of the nature of the application,
the date of the public hearing and any other pertinent information
as may be required by the Code Compliance Director. Said sign shall
be erected at least 14 days prior to the public hearing and shall
be no smaller than two by two feet.
C.
Submissions for site plan approval shall include a completed application on a form promulgated by the Planning Board, together with such additional information as is necessary and appropriate to process the application, as detailed here and in § 247-5 below.
D.
Submissions for final site plan review shall include,
as relevant:
(1)
A metes and bounds description of the subject premises.
(2)
Any and all restrictive covenants on the subject property.
(3)
A narrative summary of the project.
(4)
A locus plan at one inch equals a scale of 100 feet,
200 feet or 400 feet showing the location, names, and present widths
of the streets and roads bounding, approaching or within reasonable
proximity of the site.
(5)
A development plan or set of development plans produced
to scale by a licensed surveyor, professional engineer, registered
architect and/or registered landscape architect illustrating existing
and proposed site conditions including boundaries, right(s)-of-way,
and easements; structures, parking, loading and access; service and
storage; vegetation, landscaping and screening; topography; drainage;
and utilities. The site development plan shall be prepared at a scale
of one inch equals 40 feet unless another scale is previously requested
by the applicant and found suitable by the Planning Board. It shall
show existing and proposed topographical lines at two-foot contour
intervals, information and location of benchmark(s) used. The plan
shall be stamped by the registered land surveyor who performed the
instrument boundary survey and who shall certify the accuracy of the
locations of the building, setbacks and all other required dimensions,
elevations and measurements and shall be signed under the penalties
of perjury.
(6)
Calculations of the percent of building lot coverage
and percentage of paved (impervious) area used for parking, loading,
and access within the property;
(7)
Existing and proposed on-site wells, water supply
systems, storm drainage systems, sites for enclosed refuse containers
and location and capacity of septic systems and estimated amounts
of water consumption and sewer discharge;
(8)
The location, height, size and manner of lighting
of existing and proposed signs;
(9)
A schedule of completion for the proposed development
project. The schedule of completion shall be deemed a part of the
site development plan and shall be subject to the approval, approval
with modifications or disapproval of the Planning Board.
(10)
Demonstration of having obtained, as required, approval
of the Board of Architectural and Historic Review of the Village of
Northport.
(11)
Context maps, aerial and ground photographs and other
information as may be appropriate for assessing impacts to the surrounding
neighborhood.
(12)
Additional documentation as needed to demonstrate
compliance with the site review requirements and standards set forth
elsewhere in this article, and with all other applicable municipal
ordinances or rules, regulations and laws.
E.
Submissions for final site plan review must be deemed
compete by the Planning Board prior to the holding of a public hearing.
F.
For applications involving the alteration or redevelopment
of a landmark or historic building or other properties subject to
review and approval by the Architectural and Historic Review Board,
applicants must demonstrate having obtained approval of said Board
before a decision on the site plan may be rendered by the Planning
Board and, when applicable, any determination is made under the State
Environmental Quality Review Act (SEQRA). The status of the subject
property as historic or landmark shall be determined by the Architectural
and Historic Review Board and shall be established during preliminary
site plan review.
A.
No building permit shall be issued for any structure
or action covered by this article until an approved site development
plan has been secured by the applicant from the Planning Board and
presented to the Code Compliance Director.
B.
No certificate of occupancy will be issued for any
structure or use of land covered by this article unless the structure
is completed or the land is developed or used in accordance with an
approved site development plan.
There shall be a fee as set forth from time to time by resolution in Chapter 147, Fees, for submission to the Planning Board of a site development plan.
A.
Submissions for final site plan review shall include,
as relevant:
(1)
A metes and bounds description of the subject premises.
(2)
Any and all restrictive covenants on the subject property.
(3)
A narrative summary of the project.
(4)
A locus plan at a scale of one inch equals 100 feet,
200 feet or 400 feet showing the location, names, and present widths
of the streets and roads bounding, approaching or within reasonable
proximity of the site.
(5)
A development plan or set of development plans produced to scale by a licensed surveyor, professional engineer, registered architect and/or registered landscape architect providing the information set forth below in § 247-5B. The site development plan shall be prepared at a scale of 1" - 40' unless another scale is previously requested by the applicant and found suitable by the Planning Board. It shall show existing and proposed topographical lines at two-foot contour intervals, information and location of benchmark(s) used. The plan shall be stamped by the registered land surveyor who performed the instrument boundary survey and who shall certify the accuracy of the locations of the building, setbacks and all other required dimensions, elevations and measurements and shall be signed under the penalties of perjury.
(6)
Calculations of the percent of building lot coverage
and percentage of paved (impervious) area used for parking, loading,
and access within the property;
(7)
Context maps, aerial and ground photographs and other
information as may be appropriate for assessing impacts to adjacent
properties and the surrounding neighborhood.
(8)
A schedule of completion for the proposed development
project. The schedule of completion shall be deemed a part of the
site development plan and shall be subject to the approval, approval
with modifications or disapproval of the Planning.
(9)
Demonstration of having obtained, as required, approval
of the Board of Architectural and Historic Review of the Village of
Northport.
(10)
Additional documentation as needed to demonstrate
compliance with the site review requirements and standards set forth
elsewhere in this article, and with all other applicable municipal
ordinances or rules, regulations and laws.
B.
The site development plans shall show the following
information:
(1)
Name and address of owner of record.
(2)
Lot, block and section number of the property taken
from the Real Property Tax Map for the Incorporated Village of Northport.
(3)
General boundary lines, bearings, distances, area
of parcel and a tie distance to an established street intersection.
(4)
Name of organization for which the building will be
used and the proposed use(s).
(5)
Names of abutting property owners and abutting filed
maps.
(6)
Name of professional engineer, land surveyor, registered
architect or registered landscape architect who prepared the plans.
(7)
Names of all abutting streets and whether said streets
are village, town, county or state highways, and right-of-way widths.
(8)
Date, North point and scale.
(9)
Zoning of site and abutting properties.
(10)
All existing topographical features presently on the
site, such as curbs, sidewalks, buildings, drainage facilities, watercourses
and utilities, both above and below grade, etc., including the existing
edge of pavement, the opposite side of any existing roads which face
the property, existing woodland, hedgerows, individual trees larger
than six inches in caliper and other natural features.
(11)
Key map at a scale of one inch equals 400 feet unless
an alternative scale is agreed to by the Planning Board.
(12)
Contours or spot elevations in United States Geological
Survey datum, the existing grades and proposed grades in sufficient
numbers to show the depths and limits of all cuts and fills and the
first floor elevation of the structure. Proposed elevations of drainage
inlets and detail of construction shall also be provided on the site
plan.
(13)
The location and outlines of proposed buildings or
structural improvements, noting the placement of windows and doors;
heating, ventilation and air conditioning units and exhaust; service
and storage areas.
(14)
The location and design of all uses not requiring
structures, such as off-street parking and loading areas.
(15)
Proposed on- and off-site drainage facilities and
computations to support the drainage design.
(16)
Proposed water supply and sewage disposal facilities
and data on estimated usage and system capacity.
(17)
Proposed solid waste storage areas and computations
to demonstrate adequate capacity.
(18)
Log of soil test holes.
(19)
On-site lighting.
(20)
The location, height, size and manner of lighting
of existing and proposed signs.
(21)
The location and type of landscape improvements including
any walkways, retaining walls, fences, paths, terraces, patios or
decks, site furniture, plantings and/or tree removal etc., along with
information on the materials to be used.
Site development plans shall demonstrate compliance
with the following requirements:
A.
Soils and drainage.
(1)
Test holes of the subsoil shall be made at reasonable
frequency and to a depth to accurately determine the subsoil materials
and conditions. Test holes shall be inspected by the Village Engineer.
(2)
All applicants shall submit a stormwater pollution
prevention plan (SWPPP) describing:
(a)
Erosion and sediment control measures to be
conducted during construction. Methods may include, but are not limited
to, hay bales, swales, berms, contour modification, landscaping, silt
fences and drywells.
(b)
Postconstruction storm water controls that will
be installed to manage and minimize the discharge of contaminants.
These may include, but are not limited to, swales, berms, contour
modification, landscaping, artificial wetlands, detention, retention
and infiltration basins and drywells.
(c)
Plans and specifications for the operation and
maintenance of the proposed stormwater management and pollution controls.
(3)
Applicants for projects that will disturb one or more
acres of soil where stormwater discharging from the site can enter
a surface water body shall obtain a General SPDES Permit GP-02-01
from the NYSDEC and provide evidence of compliance to the Planning
Board.
(4)
Stormwater management practices, and erosion and sediment
control measures, shall be designed and constructed in accordance
with the standards set forth in the following technical documents,
or their equivalents as demonstrated by a licensed professional:
(a)
The New York State Stormwater Management Design
Manual (New York State Department of Environmental Conservation, most
current version or its successor).
(b)
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).
(5)
Drainage plans and calculations for the postconstruction
period must demonstrate full containment on site of stormwater runoff
from a minimum four-inch design storm. Additional stormwater storage
shall be required by the Village Engineer if site conditions allow.
(6)
Drainage improvements to existing roadways shall be
provided as required by the Village Engineer.
(7)
Stormwater runoff best management practices shall
be employed to minimize pollutants in stormwater runoff prior to discharge
into a separate storm drainage system or water body. When the proposed
discharge is likely to yield high levels of pollutants, such as oil
and grit from automotive uses, the Planning Board may impose additional
requirements for runoff management.
(8)
Where existing site conditions do not control erosion
and contain stormwater, the Planning Board may impose requirements
for corrective site work.
(9)
The property owner shall be liable to maintain all stormwater management and erosion control systems as designed, in accordance with the operation and maintenance plan provided under § 247-6A(2)(c), above. The Village shall be permitted such access as needed to routine checks for compliance.
(10)
The Planning Board may waive or modify these requirements,
except where such a waiver would conflict with NYSDEC requirements,
where the site contains slopes exceeding 15%, or where the application
entails the creation of new impervious areas in excess of 500 square
feet.
B.
Sanitary system. Suffolk County Department of Health
approval of the proposed sewage disposal system must be obtained by
the applicant prior to approval of the Planning Board.
C.
Access.
(1)
If the site is located on a county or state road,
approval of that jurisdiction must be obtained by the applicant prior
to approval by the Planning Board.
(2)
Access curb cuts shall:
(a)
Have a minimum length of 12 feet;
(b)
Have a maximum length of 25 feet, except with
special exception by the Planning Board;
(c)
Be a minimum of five feet from any property
line and 50 feet from a corner;
(d)
Have a minimum distance of 40 feet from the
nearest access point on the same side of the road.
(3)
Sites with less than 200 feet of road frontage on
any single street are limited to one access curb cut on that street.
Sites with 200 or more feet of road frontage on any single street
are limited to are limited to two curb cuts on that street.
(4)
All commercial, industrial and institutional uses
shall be required to provide curbs, sidewalks, street trees and, if
necessary, pavement widening.
(a)
Sidewalks shall be designed to coordinate with
the nearest existing segments of established sidewalk, so long as
such existing segments are approved by the Planning Board as an adequate
standard.
(b)
If feasible, and not in conflict with § 247-6C(4)(a) above, sidewalks shall have a minimum pavement width of four feet.
(c)
If feasible, a planted buffer strip at least
30 inches wide shall separate the sidewalk from the public roadway
or street.
(d)
Street trees shall be selected for their efficiency
at providing shade and for their ability to tolerate road salt. They
shall have a mature height of at least 35 feet. At planting, the trunks
of street trees shall have a minimum caliper of two inches at a measurement
taken six inches above grade.
(e)
Street trees shall be planted at a maximum interval
of 30 feet. The location of overhead utility wires shall be considered
in their selection and placement.
(5)
Access into sites located at an intersection shall
have directional restrictions (i.e., right in/ right out only) as
may be required by the Planning Board.
(6)
Where feasible, vehicular access shall be designed
in a manner that permits all vehicles to exit the site without backing
out into any public street.
(7)
Where feasible, a system of joint use driveways and/or
cross access easements shall be established to minimize access point
congestion and facilitate circulation. When such features are present,
the site shall incorporate design elements to make site users aware
of cross access opportunities.
(8)
Provision for safe and convenient pedestrian access
shall be incorporated into plans for new or reconstruction of buildings
and parking areas.
(a)
New construction shall be oriented to face the
street, with front doors opening onto a public sidewalk or entrance
court.
(b)
Walkways from the sidewalk and from the parking
area to the building entrance(s) shall be provided and delineated
through either a change in grade and/or material from the surfacing
of the parking area.
(c)
Pedestrian walkways shall be constructed continually
across all driveways.
(d)
Where feasible and appropriate, pedestrian access
shall be enhanced through the provision of shade trees, covered walks,
porches, porticoes and the like.
(9)
Sidewalks, walkways and building entrances shall meet
the requirements of the federal Americans with Disabilities Act.
D.
Parking.
(1)
All parking fields shall be curbed, paved and striped.
(2)
Parking field design shall be as follows:
(3)
Loading spaces shall have minimum dimensions of 12
feet by 35 feet and 14 feet of vertical clearance.
(4)
No parking area shall be located within five feet
of a lot line or within 10 feet of a residential district line. (When
ninety-degree parking is planned, curbs must be set back seven feet
from a lot line or 12 feet from a residential district line.)
(5)
All parking stall lines shall be painted with approved
traffic paint in accordance with the approved plan.
(6)
Directional signs shall be provided for parking fields
and shall be shown on the plans.
(7)
Four-inch painted lines are required for all parking
spaces.
(8)
All internal vehicle circulation aisles shall have
a minimum inside turning radius of 13 feet.
(9)
Off-street parking shall be provided and maintained in connection with the use, substantial change in use or increase in intensity of use of all buildings or structures on the site, such spaces to be provided in the amounts prescribed in Chapter 306, Zoning. For uses where parking requirements are not specified in Chapter 306, the minimum number of parking spaces required shall be comparable to the closest other similar use as determined or as may be otherwise required by the Planning. Applicants may be required to submit a parking study.
(10)
Parking requirements may be adjusted by the Planning
Board under the following circumstances:
(a)
Access to the site is shared with an adjacent use that provides parking through a shared driveway or cross access, as specified in § 247-6C(7), above. Such cross access provisions shall permit a reduction of 10% in the required number of parking spaces.
(b)
Parking for the subject property is shared with
other uses either on or off site, with no parking space farther than
300 feet from the entrance to subject property. Such shared parking
arrangement shall permit a reduction of 30% in the required number
of parking spaces, when:
[1]
A reciprocal written agreement is executed by all the parties concerned that assures the perpetual joint use of such common parking. The agreement must be approved by the Village attorney and filed with the Village and County Clerks. It must note any other reciprocal agreements on parking that are binding on the properties, as well as any relevant variances or other parking reductions, including application of the ten percent reduction allowed for joint or cross access under § 247-6D(10)(a) above.
[2]
All parking spaces subject to such reciprocal
agreement are located within the boundaries of the Incorporated Village
of Northport.
[3]
No use subject to a reciprocal agreement on
shared parking shares more than thirty percent of its required parking
spaces.
[4]
Adequate pedestrian access is provided from
any shared parking that is off site.
[5]
The applicant demonstrates the feasibility of
a shared parking arrangement through a parking study, with information
that includes but is not limited to the hours of operation and parking
demand for each use, a site plan displaying shared use spaces in the
lot and walking distance to the uses sharing the lot, and an estimate
of anticipated turnover in parking space use over the course of 12
to 24 hours at the site.
(11)
All off-street parking areas shall include one specially
designated handicapped accessible parking space for every 25 spaces.
Accessible parking spaces shall be 15 feet wide and include three
feet of cross hatch. Handicap accessible parking spaces and access
aisles shall be level, not exceeding a slope of 2% slope in all directions.
(12)
All parking areas shall be landscaped around their
perimeters with a mixture of groundcover, shrubs and trees.
(13)
All parking areas shall be landscaped with planted
islands, unless applicants demonstrate spatial constraints.
(a)
Landscaped islands shall be installed at intervals
of between seven and 10 adjacent parking spaces, and at the end of
parking rows.
(b)
Where feasible, landscaped medians shall be
installed between facing rows of parking.
(c)
Landscaped islands and medians shall be planted
with salt-tolerant shade trees and an under story of groundcovers
and/or shrubs. Islands and medians containing trees shall have a minimum
width of eight feet.
(d)
Trees and shrubs shall be situated such that
they do not obstruct vehicle sight lines when mature.
(14)
Landscaping in parking areas shall be designed to
support on-site stormwater management.
(a)
Grading shall encourage stormwater runoff flows
to drainage areas.
(b)
Vegetated islands and medians may be located
below grade so that stormwater runoff is directed to and trapped by
them. In such cases, they shall be protected where they meet the driving
aisles with bollards.
(c)
Any parking spaces provided in excess of Village
requirements shall be surfaced with a pervious paving system such
as modular concrete pavers or plastic lattice turf paving.
(d)
Areas designated for the purpose of snow storage
may be surfaced with pervious paving.
(15)
Where feasible, landscaped berms shall be used to
provide an attractive visual screen for parking areas, and to contribute
to on-site stormwater management.
(16)
Provision for safe and convenient pedestrian access
shall be incorporated into the design of any parking area and shall
be clearly shown on all site plans. This may be accomplished by:
(a)
Separating walkways from motor vehicle traffic
through grade changes (i.e., raised sidewalks) and/or landscaping;
(b)
Providing pedestrian crossings demarcated with
pavement treatments or markings, pedestrian warning signs, and lighting;
(c)
Providing for cross access pathways, established
through easements, onto adjacent commercial sites.
(17)
When required by the Planning Board, bicycle parking
shall be provided.
(18)
Newly constructed parking areas shall be located to
the rear and sides of the main building on the site, and shall not
be located between the building and the principal street.
E.
Landscaping.
(1)
A landscaping plan shall be submitted. Said plan shall
be prepared by a registered landscape architect when landscape construction
is proposed. Planting plans may be prepared by a registered landscape
architect, or certified landscape designer or master gardener.
(2)
The landscape plan shall show existing woodland, hedgerows
and individual trees larger than six inches in caliper.
(3)
The planting should be of significant quality and
quantity to provide a pleasing appearance as well as a natural screen
for adjacent properties.
(4)
Street trees of a minimum of two inches in diameter
when measured six inches above grade are required to be planted at
a maximum interval of 30 feet, when not already present.
(5)
Buffer areas.
(a)
When buffer screening is required, it shall:
[1]
Be a minimum of 10 feet wide;
[2]
Consist of a diverse mixture of plant material,
with a minimum 2/3 being evergreen;
[3]
Include plants of varying heights at maturity,
including both low and tall shrubs and/or trees. These shall be planted
so that lower shrubs provide a screen for tree trunks or the bare
branches of taller shrubs;
[4]
Be installed at a height, density and depth
that provides for the desired effect to be achieved within three to
five growing years' time;
[5]
Include a six-foot tall fence, of a design to
be approved by the Planning Board in conjunction with the applicant.
The owner of the adjacent property shall be consulted in the choice
of fencing material and design.
(b)
Buffer areas may be irregular in shape, in as
much as the minimum required width is maintained at all points. They
may also be bermed. If a berm is created for the base of buffer plantings,
the height of the fence used may be reduced accordingly.
(7)
Landscape plantings should feature a variety of types
and layers, including a ground layer, shrub layer and tree layer.
(8)
The use of known invasive plant species, that have
the potential to cause environmental damage through excessive proliferation,
is prohibited.
(9)
Applicants whose sites are severely constrained and
cannot provide adequate landscaping, buffers or parking area landscaping
as stipulated elsewhere in this article shall provide such landscaping
and site enhancements to the extent practicable through:
(10)
All landscaping as shown on the approved site plan shall be maintained in a healthy growing condition throughout the duration of the use or uses being served. Any plants not so maintained shall be replaced by the property owner with healthy new plants of comparable size, type and quality at the beginning of the next growing season. Seasonal and container plantings approved per § 247-6E(9), above, shall be restored, renewed or replaced at the beginning of each growing season throughout the duration of the use or use(s) being served.
(11)
Landscape design shall relate to the site's architecture
and to the landscape in its immediate vicinity. Diverse, nonlinear,
naturalistic plantings are required in areas backed by existing woodland
and are encouraged elsewhere.
(12)
Required landscaped areas shall be permanently maintained
to preserve plant heath and consistency with the approved landscape
and planting plans. Such maintenance shall include watering, weeding,
pruning, and replacement of plant materials and irrigation equipment
as needed. Failure to maintain landscaping is a violation of this
code. Examples of failed maintenance include, but are not limited
to:
(a)
Allowing trees, shrubs, ground covers, and/or
turf areas to wither or die in sufficient degree as to make the property
appear unsightly;
(b)
Improperly pruning or thinning trees so that
their function in providing shade and screening is substantially impaired;
(c)
Allowing weeds to grow and infiltrate to such
an extent that the intended ground cover plantings are obscured, and/or
the landscaped area appears unsightly;
(d)
Failure to replant areas intended for annual
bedding plants;
(13)
The following landscaping practices and/or features
are encouraged:
(a)
Low-maintenance plantings;
(b)
Landscaping to prevent soil erosion and support
stormwater management;
(c)
Use of native plant species;
(d)
Use of flowering trees and plants;
(e)
Use of decorative paving materials;
(f)
Installation of site furniture and amenities,
including, but not limited to, seating, trash barrels, planters, arbors,
pergolas, trellises, window boxes fountains, lighting fixtures, etc.;
(g)
Outdoor art installations; and
(h)
Distinctive landscaping treatments on properties
situated at a gateway area to the Village, defined as at an intersection
on Route 25A with Main Street, Laurel Avenue, Church Street, or Woodbine
Avenue.
F.
Screening and storage.
(1)
Site plans shall show the location of all exposed
storage areas, machinery, garbage dumpsters, and utility buildings
and structures. These shall be screened from the view of abutting
properties and streets using enclosures, plantings, fences and other
methods as appropriate.
(2)
Documentation shall be provided with the site plan
submission to demonstrate that solid waste storage is sized sufficiently
for the use(s).
G.
Lighting.
(1)
If on-site lighting is proposed by the applicant or
required by the Planning Board, it will be necessary to include a
lighting plan in each site development review submission package.
This plan shall show the parcel to be developed and adjacent land
within 50 feet of its boundaries, and provide information on the location,
height, lumen rating and arrangement of all exterior luminaires. The
lighting plan shall also provide calculations for the average maintained
illumination level and the average-to-minimum uniformity ratio.
(2)
Lighting plans shall be accompanied by illustrations
and manufacturer's specifications for all proposed luminaires.
H.
Retaining walls.
(1)
Where retaining walls are required by reason of plot
grading or terrain, they shall be designed by a licensed professional
engineer and approved by the Village Engineer prior to construction.
(2)
The design of, and materials used in, retaining walls
shall also be subject to review and approval by the Architectural
and Historic Review Board.
(3)
Slopes above retaining walls shall be planted with
groundcovers and other perennials as appropriate to promote stability.
Unless construction is commenced and diligently
pursued within 12 months of the date of approval of a site plan, such
approval shall become null and void. Resubmission of a site plan,
with or without modification, will necessitate fees and processing
as a new application. The fact of previous approval does not assure
approval of the resubmitted site plan. A resubmitted site plan must
be considered in light of conditions and factors as they exist at
the time of resubmission.
A.
A violation of this article shall be punishable by
a fine of not to exceed $250, imprisonment for a term not to exceed
15 days, or both such fine and imprisonment, for each offense, and
each day a violation continues shall be a separate offense.
B.
The Building Inspector or any other enforcement officer
of the Village of Northport may place a stop-work-order on any violation
discovered during the construction/ building process. The Building
Inspector or any other enforcement officer of the Village may at any
time refuse to issue, or revoke, a certificate of occupancy for the
building or other improvements constructed or being constructed on
the site in violation of this article until the applicant or other
responsible person has taken the remedial measures set forth in the
notice of violation or has otherwise cured the violations described
therein.
