[HISTORY: Adopted by the Board of Trustees
of the Village of Freeport 7-6-1998 by L.L. No. 2-1998. Amendments noted where
applicable.]
It is the purpose of this chapter to promote
the health, safety and general welfare of the Village through site
plan review. This design evaluation procedure will allow the Village
to review the arrangement, layout, use interrelationships and neighborhood
impacts of sites intended for development or redevelopment and to
ensure the aesthetic quality of such design to conform with the character
of the neighborhood. It is also the intent of this chapter to protect
the unique coastal area of the Village through site plan review by
maximizing the conservation, enhancement, and utilization of its natural
and man-made resources.
In accordance with § 7-725-a of the
Village Law, the Board of Trustees of the Village of Freeport authorizes
the Planning Board to review and approve, approve with modifications
or disapprove site plans pursuant to this chapter. In accordance with
Municipal Home Rule Law §§ 10 and 22, this chapter
supersedes § 7-725-a of the Village Law to the extent of
permitting the Village to require:
A.
The posting of a performance bond, assurance or other
guaranty as a condition of site plan approval.
Unless otherwise defined herein, the definitions contained in § 210-3 of the Code of the Village of Freeport, New York, shall apply to this chapter for the purpose of defining, interpreting, construing and applying the terms and provisions of this chapter. In addition to the foregoing, the following definitions shall apply:
The Village Clerk, or a duly authorized representative.
The Planning Board of the Incorporated Village of Freeport,
New York.
A map prepared by an architect, a landscape architect, a civil engineer or a surveyor, containing the elements set forth in § 209-6C(3) as applicable, together with an architectural rendering of the proposed buildings and structures.
A.
No building, structure or outdoor use of land shall be used, constructed, enlarged, altered or moved in any zoning district until a site plan meeting the requirements of this chapter has been approved by the Planning Board. In all cases requiring site plan approval by the Planning Board, a building permit or, where no building permit may be required, a certificate of occupancy or certificate of completion for all buildings or structures and outdoor uses of land shall not be issued by the Superintendent of Buildings except upon authorization of, and in conformity with, the site plan approval by the Planning Board. However, the Site Plan Review Board, pursuant to the provisions of § 210-207 of the Village Code, shall only have the authority to review issues involving sign permits when such issues involve denials or modifications of sign permit applications as initially determined by the Superintendent of Buildings.
[Amended 1-24-2005 by L.L. No. 1-2005]
B.
Specifically excluded from the provisions of this
chapter are the following items:
(1)
Renovations which are 100% internal to an existing
building or structure.
(2)
Exterior renovations to an existing building or structure
which do not increase, alter or otherwise modify the outer envelope
of said building or structure. However, facade improvements to business
and commercial structures are specifically included within the provisions
of this chapter.
(3)
Repair and replacement of existing driveways, curb
cuts, aprons and sidewalks.
(4)
Repair and replacement of existing bulkheads, piers,
mooring poles and/or floating docks.
(5)
Repairs to existing in-ground and aboveground swimming
pools, except such pools which are located on corner parcels.
(6)
Fences which do not extend beyond the front line of
the building or principal structure.
(7)
Decks which are five feet or less above grade.
(8)
Storage sheds which conform with all zoning regulations
and do not exceed 120 square feet and/or a height of 10 feet at the
ridge.
A preliminary conference or conferences may
be held between the Planning Board, a representative of the Building
Department and the applicant and his/her representatives upon written
request to the Clerk of the Planning Board prior to the preparation
and submission of a formal site plan. The intent of such a conference
is to enable the applicant to inform the Planning Board of the proposal
prior to the preparation of a detailed site plan, and for the Planning
Board to review the basic site design concept, to advise the applicant
as to potential problems and concerns and to determine generally the
type of information to be shown on and submitted with the site plan.
In order to accomplish these objectives, the applicant shall provide
the following:
A.
A statement and site map showing the location and
dimensions of all structures, buildings, parking areas, access signs
(with descriptions), existing and proposed vegetation and other planned
features on the site, anticipated changes in the site's existing topography
and natural features, and, where applicable, measures and features
to comply with other applicable state and/or local regulations, including
but not limited to tidal wetlands, freshwater wetlands and flood hazard
areas.
B.
A map of the area winch clearly shows the location
of the site with respect to nearby streets, rights-of-way, properties,
waterbodies, shorelines (with high-water line), easements and other
pertinent features.
C.
A topographic or contour map of adequate scale and
detail to show site topography.
A.
All applications for approval of a site plan shall
be submitted on a form prescribed by rule or regulation of the Planning
Board. Eight copies of the site plan application and any related information
shall be submitted to the Planning Board. No application shall be
accepted by the Clerk of the Planning Board unless it is complete.
Within 30 days of receipt of the application, the Planning Board shall
determine whether said application is complete. If the Planning Board
determines that said application is incomplete, it shall promptly
notify the applicant wherein said application is deficient.
B.
No application shall be deemed complete until either
a negative declaration or conditioned negative declaration has been
made for the application pursuant to the State Environmental Quality
Review Act (SEQRA) or, if a positive declaration is made, until a
draft environmental impact statement has been accepted by the lead
agency as satisfactory with respect to scope, content and adequacy.
Regardless of the time requirements of this section, reasonable time
shall be provided for compliance with SEQRA, including the preparation
of a final environmental impact statement.
C.
The application shall be accompanied by information
contained on the following checklist. The Planning Board may, at its
discretion, waive any requirements on this checklist which are clearly
not relevant to the proposed use and site:
(1)
The Building Department shall provide the applicant
with a G.I.S. survey of all parcels within a radius of 500 feet of
the subject parcel.
(2)
The applicant shall provide photographs of all parcels
within a radius of 300 feet of the subject parcel, with identifying
comments on said photographs.
(3)
A site plan shall include the following information,
plotted as necessary to a scale of not more than 20 feet to one inch:
(a)
Title of drawing, including name and address
of applicant.
(b)
North point, scale and date.
(c)
Boundaries of the project.
(d)
Existing natural features, such as watercourses,
waterbodies, wetlands, wooded areas and individual large trees on
the subject property. Features to be retained should be noted.
(e)
Floodplain boundaries as determined by the Federal
Emergency Management Agency.
(f)
Location of proposed land and water uses and
their areas, in acres, and the location, together with the proposed
use, dimensions, height and architectural features, of all buildings
and other structures.
(g)
Location of outdoor storage and description
of materials to be stored.
(h)
Location of all existing or proposed site improvements,
including streets, drains, culverts, retaining walls, fences, docks
and easements, whether public or private.
(i)
Location and description of all proposed waterfront
public access/recreation provisions.
(j)
Description of sewage disposal and water supply
systems and location of such facilities.
(k)
Location and proposed development of buffer
areas and other landscaping; the general landscaping plan and planting
schedule.
(l)
Location of all parking and loading areas, internal
circulation pattern and ingress and egress drives.
(m)
Provision for pedestrian and patron access,
including public and private sidewalks, walkways and docks.
(n)
Location, design and size of all signs and lighting
facilities.
(o)
Approximate locations and dimensions of areas
proposed for neighborhood parts, playgrounds or other permanent open
space.
(p)
Building orientation and site design for energy
efficiency and visual quality.
(q)
Location and design of all energy distribution
facilities, including electrical, gas and solar energy.
(r)
Description and location of erosion control
measures, including proposed location of sediment sink/setting pond
and interceptor swales, etc.
(s)
Location, supporting design data and copies
of computations used as a basis for the design capacities and performance
of stormwater management facilities.
(t)
Lines and dimensions of all property which is
offered, or to be offered, for dedication for public use, with the
purpose indicated thereon, and of all property that is proposed to
be reserved by deed covenant for the common use of the property owners
of the development.
(u)
Estimated project construction schedule.
(v)
Record of application for approval status of
all necessary permits from federal, state and county officials.
(w)
Identification of any federal, state or county
permits required for project execution.
(x)
The Planning Board may require such additional
information as it may deem necessary for a complete assessment of
the project pursuant to this chapter.
A.
General criteria. Planning Board review of the site
plan shall include, but not be limited to, the following criteria:
(1)
Development shall be compatible with natural features
of the site and with surrounding land uses.
(2)
Various on-site structures and uses within the development
shall be harmonious and in scale to one another and with the neighborhood.
No open design foundation system will be permitted for residential
structures within an AE flood zone. Open design foundation systems
shall only be permitted in FEMA designated V (Velocity) zones.
[Amended 5-6-2015 by L.L.
No. 2-2015]
(3)
Development shall be arranged to minimize visual or
noise impacts with adjoining uses and adjoining lands. In mitigating
impacts, consideration shall be given to the use, adequacy, type and
arrangement of trees, shrubs and other landscaping materials.
(4)
Development shall minimize the destruction, damage
or detrimental modification of, or interference with, natural, scenic,
topographic or physical features of the site.
(5)
Development shall promote and facilitate open space,
recreation and public access to the water, where appropriate and feasible,
and shall avoid obstruction of existing public or semi-public access
to the waterfront.
(6)
Development shall provide for sufficient and adequate
off-street parking and loading space.
(7)
Development shall provide adequate and efficient arrangement
of vehicular traffic access and circulation within the site and take
steps to mitigate the proposal's effect on traffic patterns and congestion
in the vicinity of the proposed development.
(8)
Development shall provide unimpeded access for emergency
service vehicles and convenient availability of fire protection devices.
(9)
Development shall provide for adequate pedestrian
and nonmotorized vehicular access, circulation and safety.
(10)
Development shall give consideration to the relationship,
compatibility, location, arrangements, size, design and aesthetics
of buildings, lighting and signs with respect to on-site and off-site
uses and facilities.
(11)
Development shall ensure that there will be no measurable
increase in runoff from the site during or after construction.
(12)
Development shall ensure an adequate supply of potable
water and sanitary waste disposal systems.
(13)
Development shall minimize flooding and erosion hazards
through nonstructural means, long-term structural measures and appropriate
siting of structures.
(14)
Development shall protect surface waters and groundwaters
from direct and indirect pollution and from overuse.
(15)
Development shall ensure the adequacy of landscaping
and setbacks in regard to achieving maximum compatibility with, and
protection of, local and area scenic quality, adjacent fish and wildlife
habitats, freshwater wetlands, tidal wetlands and coastal waters.
(16)
The height and bulk of buildings and structures shall
be compatible with the site and in harmony with adjacent buildings,
structures and uses so that new construction does not harm the visual
quality or character of the area.
(17)
For parcels abutting the water, and at the boundary
between districts zoned for residential, apartment house, condominium
or cooperative uses and all other districts, the height of the building
or structure at any given point, where feasible, shall not exceed
a distance greater than the setback of the structure from the lot
line, except in the case of one-family dwellings, and except to the
extent that a facility located adjacent to the water is essential
to the functioning of a water-dependent use, as said term is defined
in § 911 of the Executive Law of the State of New York.
(18)
Building orientation and site design shall, to the
maximum extent practicable, ensure that the proposed development conserves
energy use.
(19)
Development shall protect and avoid disturbance of
sites recognized as being of local historical, architectural or archaeological
importance on or adjacent to the site.
B.
Reservation of parkland on site plans containing residential
units.
(1)
Before the Planning Board, may approve a site plan
containing residential units, such site plan shall also show, when
required by such board, a park or parks suitably located for playground
or other recreational purposes.
(2)
Land for park, playground or other recreational purposes
may not be required until the Planning Board has made a finding that
a proper case exists for requiring that a park or parks be suitably
located for playgrounds or other recreational purposes within the
Village. Such finding shall include an evaluation of the present and
anticipated future needs for park and recreational facilities in the
Village based on projected population growth to which the particular
site plan will contribute.
(3)
In the event that the Planning Board makes a finding pursuant to § 209-7B(2) that the proposed site plan presents a proper case for requiring a park or parks suitably located for playgrounds or other recreational purposes but that a suitable park or parks of adequate size to meet the requirement cannot be properly located on such site plan, the Planning Board may require a sum of money in lieu thereof to be established by resolution of the Board of Trustees. In making such determination of suitability, the Planning Board shall assess the size and suitability of lands shown on the site plan which could be possible locations for parks or recreational facilities, as well as practical factors, including whether there is a need for additional facilities in the immediate neighborhood. Any money required by the Planning Board in lieu of land for park playground or other recreational purposes, pursuant to the provisions of this section, shall be deposited into a trust fund to be used by the Village exclusively for park, playground or other recreational purposes, including but not limited to the acquisition of a fee, or less than fee, interest in property or the enhancement or revitalization of existing park facilities.
(4)
Notwithstanding the foregoing provisions of § 209-7B, if the land included in a site plan under review is a portion of a subdivision plat which has been reviewed and approved, the Planning Board shall credit the applicant for any land set aside, or money donated in lieu thereof, under such subdivision plat approval. In the event of resubdivision of such plat, nothing shall preclude the additional reservation of parkland or money donated in lieu thereof.
C.
Consultation with other agencies and departments.
In its review of a site plan, the Planning Board shall consult with
the Superintendent of Buildings or his representative and may consult
with other local and county officials and its designated private consultants,
in addition to representatives of federal and state agencies, including
but not limited to the New York State Department of Environmental
Conservation, New York State Department of State and the Army Corps
of Engineers.
Upon the Planning Board's determination that
the site plan application is complete and satisfactory for review,
a public hearing shall be scheduled to be held within 62 days from
the time of such determination, except as provided for herein. For
the purpose of this section, the date of determination of a complete
application shall be taken as the date of the first regular Planning
Board meeting following completion of the site plan application. The
Clerk of the Planning Board shall mail notice of said hearing to the
applicant at least 10 days before such hearing, and shall cause said
hearing to be advertised at least five days prior to the scheduled
date in a newspaper of general circulation in the Village and shall
mail to all property owners within 300 feet of the subject property,
by first-class mail, a notice of said hearing.
Within 62 days after the public hearing the
Planning Board shall render a written decision. This sixty-two-day
time period may be extended upon the mutual consent of the Planning
Board and the applicant, or as may be permitted under the SEQRA.
A.
Every decision of the Planning Board with respect
to a site plan shall immediately be filed in the office of the Village
Clerk and the Building Department.
B.
Upon approval or approval with modifications, the
Village Clerk shall mail to the applicant a copy of the written decision
of the Planning Board.
C.
Upon approval or approval with modifications, the
Planning Board shall endorse a copy of the site plan and forward it
to the Superintendent of Buildings, who shall then issue the appropriate
permit if the project conforms to all other applicable requirements.
D.
Upon disapproval, the Planning Board shall so inform
the Superintendent of Buildings, who shall not issue a building permit
or certificate of occupancy or of completion. The Village Clerk shall
also mail to the applicant a copy of the written decision of the Planning
Board and its reasons for disapproval. A copy of the appropriate minutes
may suffice for this notice.
E.
All mailings shall be by ordinary first-class mail
to the applicant and his/her attorney, if any, at the address given
by the applicant on the application form.
F.
Specifications for all improvements shown on the site
plan shall be those set forth in this chapter and in other local laws,
rules and regulations or in construction specifications of the Village
of Freeport.
A.
A statement shall be placed on all site plans approved
by the Planning Board to the effect that the owner(s) agree(s) to
comply with the plan and all conditions noted thereon. The installation
of required site improvements (all roads, paved areas, drainage, utilities,
outdoor lighting, open space and recreation, landscaping and screening,
including planting) which are an integral part of the approved plan
may be guaranteed by cash, performance bond or other acceptable guaranty
approved by the Board of Trustees and the Village Attorney. In the
event that a satisfactory guaranty is not provided within 90 days
of the date of the resolution, the site plan shall be null and void.
A guaranty of the improvements shall be for 100% of the cost of improvements.
B.
The said cash, performance bond or other acceptable
guaranty shall be conditioned on the property owner's or developer's
completing the said work enumerated herein and set forth on the approved
site plan in a manner satisfactory to the Planning Board, and upon
the proper functioning of said systems for a period of one year from
their completion. In default thereof, the said guaranty shall be forfeited;
and the Village shall use the amount thereof to complete any incomplete
portion of the said work or to make sure repairs are undertaken as
are necessary to assure the proper functioning of said improvements.
If any amount of money remains after the Village has completed said
work, such excess money will be returned to the surety or the person
putting up the required deposit. The installation of all improvements
shall be under the direct supervision of a New York State registered
architect, landscape architect or professional engineer.
C.
To obtain a building permit, an applicant shall provide
to the Superintendent of Buildings proof of acceptance of guaranty
by the Board of Trustees. No part of the guaranty shall be released
until all of the requirements of site plan approval have been met,
including the construction and completion of all site improvements
and their inspection and approval by the Village.
D.
The site improvements shall be fully completed in
accordance with the approved plan before any new building, structure
or outdoor use shown on the approved site plan is occupied or used
or any existing building shown on the approved site plan is occupied
with a new use.
The Board of Trustees of the Incorporated Village
of Freeport shall adopt, by resolution, and from time to time may
amend, but not more than once annually, a schedule of fees payable
by an applicant for applications brought before the Planning Board
for determination or action.
The applicant or any aggrieved person may appeal
a decision of the Planning Board. The appeal is made to the Supreme
Court for review by proceeding under Article 78 of the Civil Practice
Law and Rules. Such proceedings shall be instituted within 30 days
after the filing of a decision on a site plan application in the office
of the Village Clerk.
In the event that any part or portion of this
chapter shall be adjudged or determined to be invalid for any reason,
such adjudication or determination shall not affect the validity of
any other part or portion of this chapter. In the event that any provision
of this chapter shall conflict or be inconsistent with any other provision
of law, the more restrictive such provision shall be deemed to prevail
to the extent inconsistent.
