Town of North Hempstead, NY General Provisions

No permit will be issued for a retaining wall unless:

The application is accompanied by plans for the development of the land that the retaining wall is intended to support and of any other land on the same tax lot or lots; or

The application demonstrates a serious erosion or flooding problem or a serious threat to public health and safety which can be solved by a retaining wall or walls.

The Building Official may require additional information to evaluate applications presented under this subsection.

In a residential zoning district, or within 50 feet of a residential zoning district, no retaining wall may exceed five feet in height. In other districts, no retaining wall may exceed eight feet in height. Height shall be measured from the lowest point on the adjoining grade. This subsection shall not prohibit applications for a series of retaining walls in parallel step design.

A minimum of five horizontal feet is required between retaining walls in parallel step design. The area between such retaining walls must be landscaped with natural material and must be maintained.

No retaining wall may exceed the height of the adjoining grade that it supports or retains.

Provision must be made to accommodate stormwater on a property during construction and after completion of a retaining wall.

The height restrictions of this section do not apply to retaining walls whose construction was completed and which were backfilled prior to the effective date of this section. If such walls are determined to be unsafe by the Building Official or by a licensed engineer or architect, they may be repaired, subject to approval by the Building Official, provided that the repaired structure is of the same or smaller size and type. If such walls are demolished or abandoned, however, any replacement retaining wall must conform to this section.

§ 70-202.2 Erosion control and stormwater management.

[Added 10-6-1998 by L.L. No. 16-1998]

General requirements. All construction in which there will be an increase in impervious surface area in excess of 5% of the lot area or 750 square feet, whichever is less, requires on-site retention of 2 1/2 inches of rainfall.

[Amended 4-12-2005 by L.L. No. 2-2005; 5-13-2014 by L.L. No. 7-2014; 8-5-2021 by L.L. No. 16-2021]

Drainage and erosion control plans must be prepared by a professional engineer, registered architect or registered landscape architect and shall be submitted to the Building Department at the time of application for a building permit.

Plans shall include separate methods of erosion control and stormwater retention for the period during construction, and shall ensure that erosion control and stormwater retention are provided for within the boundaries of any site that is under construction. Such methods shall be implemented and maintained throughout the course of construction to its completion, and shall also provide for the maintenance of erosion control and stormwatcr retention after construction.

Erosion control and stormwater management plans shall indicate all existing vegetation, vegetation proposed to be removed and proposed plantings. No vegetation that contributes to the control of erosion and water on the site may be removed without compensatory site work.

Period during construction.

Plans shall be provided for erosion control and stormwater retention for the period during construction. Methods for control may include, but are not limited to, hay bales, swales, berms, contour modification, landscaping, silt fences, rain barrels and drywells.

[Amended 5-13-2014 by L.L. No. 7-2014]

The Building Inspector may require a field inspection prior to commencement of construction to review the erosion control/stormwater management plan.

New drywells; temporary grates.

Where new drywells or other stormwater retention facilities are part of the site work, they shall be installed prior to clearing other areas of the site for new construction.

Temporary grates or weighted silt fences with adequate sieve size to permit water percolation and retention of sediment shall be installed on all drywells during construction. Sediment shall be removed from the silt fence as necessary and disposed of in the proper manner. Upon completion of construction, the drywells shall be cleaned out and approved by the Building Inspector, at which time the permanent grates shall be installed.

If conditions warrant, the Building Commissioner shall have the authority to request additional information or modifications to the plans at any time during construction to further evaluate erosion control/stormwater management.

Permanent erosion control and stormwater management.

New site development must provide for permanent erosion control and stormwater containment on site. Plans shall be submitted in accordance with Subsection A of this section.

Methods for control may include, but are not limited to, swales, berms, contour modification, landscaping, rain barrels and drywells.

[Amended 5-13-2014 by L.L. No. 7-2014]

Where existing site conditions do not or proposed conditions would not control erosion and contain stormwater on site, the Building Commissioner shall require corrective site work.

[Amended 8-5-2021 by L.L. No. 16-2021]

No more than one rain barrel of up to 60 gallons may be connected to each roof leader for the purpose of satisfying the requirements of Subsection A of this section.

[Added 5-13-2014 by L.L. No. 7-2014]

When used for stormwater retention on the site, the location of dry wells shall be located in accordance with Nassau County drainage standards, except that on lots of insufficient size, distances that are required to be a minimum of 20 feet shall be permitted to be reduced to 10 feet, and further reductions may be permitted only when a NYS licensed architect or engineer submits a letter which certifies that reduced distance separations will have no impact on the adjacent structure, surrounding properties, existing water and sanitation facilities, and the public right-of-way.

[Added 8-5-2021 by L.L. No. 16-2021[1]]

Editor's Note: This local law also repealed former Subsection D, Waiver provisions, which immediately followed.

§ 70-202.3 Requirements for posting of construction sign.

[Added 4-12-2005 by L.L. No. 2-2005]

Generally. The following provisions shall apply to all construction sites, defined as any site where work is being performed and which requires the issuance of a building permit by the Town of North Hempstead.

The property owner shall be required to post one construction sign in a conspicuous area, which shall remain on the site at all times while the same is under construction until such time that the Building Department has issued a certificate closing the building permit.

Construction sign standards. The required construction sign shall include information in accordance with the following provisions:

The sign shall include the following information, set forth in a form found acceptable to the Commissioner of Buildings:

Building permit number.

Building contractor's name.

Building contractor's address

Building contractor's telephone number.

Building Department Inspection Division telephone number.

Permitted work days and hours.

The sign area shall be 60 inches in length and 48 inches in height.

All lettering shall be a minimum of two inches in height;

All lettering shall be displayed in red in color;

All lettering shall use a "sans serif" font and shall be of a stroke that is easily visible from a public right-of-way.

§ 70-202.4 Storage of shopping baskets, carts and wagons.

[Added 3-8-2011 by L.L. No. 4-2011]

No shopping baskets, carts or wagons shall be left unattended or standing in open areas without regular collection by the occupant of such unit.

Carts must either be moved to the interior of the building or stored in corrals as defined in § 70-231 no later than one hour after close of business.

Corrals for the storage of carts are permitted as accessory structures and shall be maintained in good condition at all times.

Corrals shall be permanently anchored in place and shall be protected on three sides.

No corral shall exceed 15 feet in height.

No corral shall be located within a required front yard.

All corrals shall have a protective roof or shall be located under a building overhang, canopy or other supportive roof structure.

All corrals shall provide adequate enclosure to contain carts within a defined space.

Any corral located within 20 feet of a residence district shall also provide full-height sound-attenuating sides.

(7)

For corrals located within a parking area, a minimum distance of 12 inches shall be provided to the nearest marked parking stalls.

§ 70-203 Public health, safety and general welfare.

[Amended 7-26-1966; 12-3-1985 by L.L. No. 12-1985; 3-25-1986 by L.L. No. 3-1986]

For the purpose of this article, the term(s) used herein are defined as follows:

[Added 8-22-2006 by L.L. No. 12-2006[1]; amended 10-5-2010 by L.L. No. 11-2010]

HARBOR

To provide food or shelter. "To provide food" shall include but not be limited to placing, depositing, scattering or distributing in a location accessible to pigeons, swine, goats, rabbits or foxes, minks, skunks or other similar furbearing animals, bees or snakes any type of food, edible material or nutritive substance.

MAINTAIN

To create or foster any condition or allow any condition to exist or continue which attracts, encourages or results in multiple pigeons returning to a premises on a regular basis.

Editor's Note: This local law also redesignated former Subsections A through S as Subsections B through T, respectively.

No trade, industry, purpose or use shall be conducted in such a manner, nor shall any person engage in any activity, which shall create corrosive or toxic fumes, gas, smoke or odors, dust, vapor, accumulation of animal excrement, animal food waste or dead animal(s) which may be detrimental to the public health, safety and general welfare.

[Amended 8-22-2006 by L.L. No. 12-2006]

On any corner lot, no wall, fence or other structure shall be erected or altered and no hedge, tree, shrub or other growth shall be maintained so as to obscure the view and create a dangerous traffic hazard. For the purpose of this local law, a "traffic hazard" is deemed to be created by any fence, wall or other structure or any hedge, tree, shrub or other growth maintained on premises located at highway intersections and which fence, wall or other structure, hedge, tree, shrub or other growth, in the opinion of the Nassau County Police Department or a local police department having jurisdiction within any portion of the unincorporated area of the Town, so obstructs the view of operators of motor vehicles as to create traffic hazard.

[Amended 8-12-2003 by L.L. No. 10-2003]

Courts, where permitted by this local law, shall be governed by the provisions of the Multiple Dwelling Law.

No accessory building or structure or part thereof used for the housing of fowl or domestic animals, other than dogs or cats, shall be less than 50 feet from any property line. All existing buildings or structures not in conformity with the provisions of this section shall, within two years from the adoption of this local law, be removed or be relocated to conform to this section.

In any residential district, no premises shall be used for the keeping, maintaining or harboring of pigeons, swine, goats, rabbits or foxes, minks, skunks or other similar furbearing animals, bees or snakes, such as but not limited to racers, boas, water snakes and pythons, except when authorized by the Board of Zoning and Appeals under the provisions of Article XXIV. The following shall be a rebuttable presumption in the enforcement and prosecution of the provisions of this section:

[Amended 4-28-1987 by L.L. No. 10-1987; 8-22-2006 by L.L. No. 12-2006; 10-5-2010 by L.L. No. 11-2010]

The presence of multiple pigeons upon a premises, on at least three dates, within a two-week period, as observed by a code enforcement officer of the Town, shall be presumptive evidence that a premises is being used in violation of this section.

This rebuttable presumption shall not apply to residential properties that adjoin or abut any property that is zoned industrial or business.

The failure of any person charged under this section to rebut the presumption shall not mean that the trier of fact must find the person guilty or that the burden of proof relative to the underlying charge(s) has been shifted upon the accused.

Where a parking district, business district or industrial district is within 15 feet of any residence district or where such district is within 15 feet of land owned and maintained by the New York State Office of Parks, Recreation and Historic Preservation as a state park or the New York State Department of Transportation as a parkway, there shall be provided a landscaped area of at least 15 feet in depth adjoining such district or districts or such park or parkway. Such landscaped area shall be located within the same lot or site as the primary building(s) or use(s) in the parking, business, or industrial district and shall be located along the property line(s) abutting the adjacent properties or land containing the residential district, park, or parkway. A buffer is not required to be located through a property so as to bifurcate it. Such landscaping shall consist of trees and shrubs which shall be so located and of sufficient density to effectively screen the parking, business and industrial districts from any adjacent properties in a residence district or from land owned and maintained by the New York State Office of Parks, Recreation and Historic Preservation or the New York State Department of Transportation. Said screening shall be subject to the approval of the Building Official. Any site plan required under this chapter shall designate the trees and/or shrubs intended to be planted and the location thereof. Landscaped areas shall consist of a staggered double row planting strip seven feet on center to be planted with coniferous material of six-foot height. The provisions of this section shall not apply where the parking, business and industrial districts and any residence district or the land owned and maintained by the New York State Office of Parks, Recreation and Historic Preservation or the New York State Department of Transportation are separated by a street, road or highway.

[Amended 4-1-1997 by L.L. No. 8-1997; 8-13-2002 by L.L. No. 11-2002; 12-12-2006 by L.L. No. 17-2006; 8-5-2021 by L.L. No. 16-2021]

Any planting strip required by § 70-203 shall be maintained by the owner of the property. This shall include, but not be limited to, the replacement of trees and shrubs of whatsoever type which may die and/or otherwise be destroyed and/or fences required by the Board of Zoning and Appeals which may become in disrepair. The owner shall, within 10 days upon the order of the Manager of the Building Department, replace any shrubbery and/or trees and/or repair any fence required by the Board of Zoning and Appeals.

In the event of failure of the owner to replace any shrubbery and/or trees or repair any fence required by the Board of Zoning and Appeals as directed in § 70-203G, the Town Board may thereupon notify the owner that, unless said work is completed within 15 days, the Town will accomplish the necessary work and the cost thereof will be assessed by the Town Board on the real property, and the expense so assessed shall constitute a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other charges. The notice to the owner to replace trees or shrubs or to repair any fence shall be mailed to such owner, addressed to his last known address, and shall be sufficient notice thereof.

Where a fence is provided along the front property line in a parking, business or industrial district, the vehicular entrance gates shall be set back a minimum of 18 feet and an open, unoccupied space shall be maintained between said gates and the street line.

All theaters, churches and other place of public gathering hereafter erected shall provide garbage facilities which shall be a part of and affixed to the main structure and/or building.

No public garage, motor vehicle repair shop or gasoline service station shall be erected, altered or used within 200 feet of any premises used for a public school, public library, church, hospital or orphanage.

[Added 4-28-1987 by L.L. No. 10-1987]

No public garage, motor vehicle repair shop or gasoline service station shall be located within 40 feet of any residence district.

[Added 4-28-1987 by L.L. No. 10-1987]

All mechanical repairs to motor vehicles or painting, repainting and repairs to the exterior bodies of motor vehicles must be performed within a building. This restriction does not apply to the furnishing of those services of maintenance, supply, installation and minor adjustments customarily furnished at a gasoline service station.

[Added 4-28-1987 by L.L. No. 10-1987]

No building or premises shall be used or occupied hereafter as a public garage, motor vehicle repair shop or service station for supplying to motor vehicles or other similar operated means of transportation gasoline or other oil or liquid that will generate an inflammable vapor at ordinary temperatures, unless it is used in connection with a building occupied exclusively as a public garage, motor vehicle repair shop, service station or automobile showroom or has been heretofore legally used for such purpose and except those used or occupied pursuant to a valid permit issued in compliance with § 70-203P.

[Added 4-28-1987 by L.L. No. 10-1987; amended 9-12-1989 by L.L. No. 7-1989; 8-5-2021 by L.L. No. 16-2021]

No permits for the construction or substantial alteration of gasoline service stations shall be issued without first obtaining approval from the Town Board after a public hearing.

[Added 9-12-1989 by L.L. No. 7-1989; amended 11-15-2005 by L.L. No. 13-2005; 3-22-2016 by L.L. No. 3-2016; 8-5-2021 by L.L. No. 16-2021]

No self-service gasoline service station shall be permitted without first obtaining approval from the Town Board after a public hearing, and shall be subject to the following conditions:

The permittee shall provide an air compressor capable of inflating automobile tires for the use of motorists and shall do so at no charge to the user thereof.

A gasoline service station granted a permit shall provide at least one full-service pumping station between the hours of 7:00 a.m. and 7:00 p.m., prevailing time.

A gasoline service station granted a permit shall be subject to such other lawful conditions as may be imposed by the Town Board, which conditions shall be embodied in a covenant signed by the applicant and recorded at the expense of the applicant in the office of the Clerk of the County of Nassau. Such conditions shall include, unless exempted by the Town Board, the following:

That the service island be covered by a canopy or similar structure to protect the patrons of the service station from the elements.

That all fire-suppression and fire-prevention devices shall be installed in accordance with the requirements of, and subject to the approval of, the Nassau County Fire Marshal. Such systems shall, to the extent most practicable and functionable, be enclosed within the canopy or similar aesthetically acceptable structure.

That there shall be no overnight storage of motor vehicles or trailers on the premises.

[4]

That all lighting shall be directed so as to illuminate only the site and shall not cause any annoyance or interference by substantial transgression of illumination on adjoining properties.

[5]

That the operator of the station shall provide appropriate automobile window cleaning devices for use by patrons at no charge.

[6]

That the operator of the station shall have available for sale to customers motor oil, transmission fluids and windshield cleaning solvents.

[7]

That the operator of the station shall provide full service, and gasoline at self-service price, to all automobiles with handicapped license plates, between the hours of 7:00 a.m. and 7:00 p.m., prevailing time.

[8]

That such facility shall conform to all zoning requirements except as the Board of Zoning and Appeals may, in its discretion, vary or modify.

The Town Board, after a public hearing, may grant approval for a self-service or full-service gasoline station to concurrently sell products unrelated to the use and operation of motor vehicles, provided that such gasoline service station/convenience stores as defined in § 70-231, meet the following requirements:

Gross floor area and the allowable methods of food preparation are as follows. The maximum floor area is inclusive of the cashier area.

Lot Area (acres)	Maximum Floor Area (square feet)	Food Preparation
Less than 1/2	1,250	Prepackaged for off-site consumption only; no warming, heating, or cooking excepting coffee, tea or cocoa.
1/2 to 1	2,500	Warming of prepackaged items by microwave for off-site consumption; no oven, grill, or fryer. Brewing or preparing coffee, tea or cocoa is permitted.
Greater than 1	5,000	Permitted; fast food restaurant regulations apply.

No trash or refuse shall be stored or kept on the site except where permitted by the Town Board.

The station shall be supervised by the owner or employee of the owner on the premises at all times when the station is open for operation.

There shall be no exterior display or storage of materials, merchandise, supplies or accessories, except in the area(s) indicated on the approved site plan.

Site circulation shall be designed so that fuel tankers servicing the gasoline service station do not obstruct ingress or egress to the site and pedestrian ingress and egress to the convenience store, and do not make use of any portion of public right-of-way or landscaped areas.

Perimeter landscaping requirements: Along the parcel of land which abuts a street, exclusive of vehicular access points, a perimeter landscape area shall be provided. The perimeter landscape area shall be designed so as not to obstruct sight lines from the subject property.

An application to permit a gasoline service station/convenience store, as defined in § 70-231, shall be reviewed by the Commissioner of Planning, shall include the items required for submission in § 70-219 and shall demonstrate compliance with the requirements provided herein.

In considering applications for a permit hereunder, the Town Board shall consider the general standards set forth in § 70-225B of this Code.

For purposes of this section, a "substantial alteration" shall mean the construction of a new building or building addition of greater than 750 square feet, the addition, removal or relocation of pump islands, the construction of a canopy (excluding the replacement of a canopy of the same dimensions), addition or expansion of a convenience store or the addition, removal or relocation of access/egress points, entrance/exit driveways or curb cuts.

Business or industrial buildings shall front only on business or industrial streets or on an approved parking district. No part of such buildings shall have a business frontage on residential streets, except for display purposes and a second means of exit as required by the New York Uniform Fire Prevention and Building Code and except for gasoline service stations which have access to secondary roads pursuant to permit of the Town Board under § 70-203O.

[Added 4-28-1987 by L.L. No. 10-1987; amended 9-12-1989 by L.L. No. 7-1989]

No person acting as a real estate broker, agent or salesperson, whether or not licensed by the State of New York, shall knowingly facilitate the use or occupancy of a detached dwelling or a two-family attached residence building in a manner which violates the use or occupancy of such dwelling or building which is permitted by the certificate of occupancy or certificate of existing use issued by the Building Commissioner for it or in a manner which violates the permitted use or occupancy of such dwelling or building under the Town's Housing and Rehabilitation Code (Chapter 28 of the Town Code). A person shall be deemed to facilitate a use or occupancy by, among other things, advertising or listing a dwelling or building, showing a dwelling or building to a prospective user or occupant or otherwise soliciting or encouraging another person to use or occupy a dwelling or building. Upon the conviction of a licensed broker, agent or salesperson for a violation of this subsection, in addition to the penalties provided for in § 70-235, the Town Attorney shall forward a record of such conviction to the New York Department of State's licensing bureau.

[Added 5-25-1993 by L.L. No. 4-1993]

Dry cleaning establishments.

[Added 5-19-1998 by L.L. No. 10-1998]

No perchloroethylene-based dry-cleaning equipment shall be installed in premises sharing a common wall, floor, ceiling or basement with a dwelling unit or with a building containing a dwelling unit, or in premises whose exterior demising wall is within 200 feet of a dwelling unit, except where an existing business which conducts dry cleaning on site installs such equipment for the purpose of replacing or upgrading existing perchloroethylene-based equipment.

An existing perchloroethylene-based dry-cleaning establishment made nonconforming by the previous subsection, which does not operate for a period of six months, shall be deemed abandoned and may not thereafter operate as a dry cleaner using perchloroethylene.

All perchloroethylene-based dry-cleaning equipment shall be removed and disposed of in accordance with applicable laws, within 90 days of receipt of a notice from the Building Official, from any premises in violation of this section or §§ 70-96.5.1, 70-114.2, 70-187 or 70-195.7.1 of the Code.

The provisions of this subsection shall be severable, and if any phrase, clause, sentence or provision of this section or the applicability thereof to any person or circumstance shall be held invalid, the remainder of this section and the application thereof shall not be affected thereby.

Drive-through facilities.

[Added 1-24-2006 by L.L. No. 2-2006]

No permits for the construction or alteration of drive-through facilities shall be issued without first obtaining approval from the Town Board after a public hearing.

Drive-through facilities shall be subject to the following regulations:

Vehicular standing space requirements for drive-through facilities:

A vehicle standing space(s) (VSS) shall be located within a drive-through lane which is not used for any other vehicular use such as access, parking, site circulation or loading.

The minimum number of VSSs shall be provided on-site according to the chart below. Inbound vehicle standing spaces should be inclusive of the vehicle being served. Outbound vehicle standing spaces are not inclusive of the vehicle being served.

	Number of Vehicle Standing Spaces Required
Type of Parking Facility	Inbound Vehicles	Outbound Vehicles
Drive-through bank tellers	6 per service position	1
Drive-through bank, automatic tellers	3 per service position	1
Drive-through restaurant (measured from pickup window)	6 per service position	1
Drive-through pharmacy or convenience goods	4 per service position	1
Drive-through coffee/espresso stand	3 per service position	1
Drive-through car wash as a principal use	4 per wash station	1 per wash station
Drive-through oil change	3 per service bay	1
Drive-through drop-off service (drop-off box)	1 per drop-off service	1
All other drive-through facilities	6 per service position	1

Each VSS shall be clearly defined on the site plan and shall be in a location that does not conflict or interfere with other traffic entering, using or leaving the site.

[4]

Under no condition shall vehicles located in a VSS be permitted to back out into the street or otherwise block the free movement of traffic on adjacent streets or within adjacent parking areas on-site.

[5]

A VSS shall be 20 feet long by 10 feet wide. Standing spaces shall be measured from the front of the service position to the rear of the VSS.

Screening requirements. Where a drive-through facility is adjacent to a residential use or residentially zoned property, there shall be provided a landscaped area of at least 15 feet in depth to effectively screen the facility from the residential use or residentially zoned property. Landscaped area shall consist of a staggered double-row planting strip seven feet on center to be planted with coniferous material of six-foot height. Landscaping shall also screen and be used to minimize the visual impact of readerboard signs and directional signs utilized at the drive-through facility from the public right-of-way and/or an adjacent residential use or adjacent residentially zoned property. The site plan or development plan shall indicate the type and number of trees and/or shrubs intended to be planted and the location thereof. The perimeter landscaped area shall be designed so as not to obstruct drivers' site lines from the subject property.

Lighting. A drive-through facility shall be constructed and positioned so as to ensure that the headlights of vehicles awaiting service and exiting from the facility and lighting from other sources on the site are not visible from any adjacent residential use or adjacent residentially zoned property.

Access limitations. The location of a drive-through facility shall be laid out and arranged on a site so as to discourage the use of residential streets as convenient access to and/or from the facility.

Noise. Noise associated with a drive-through facility, including but not limited to a public address system or other devices for amplifying voices or music, which is audible outside of the drive-through building or structure, shall not exceed the maximum sound levels provided for in Chapter 38 of the Town Code. No audio equipment shall be located on the side of the principal structure that is adjacent to a residential use or residentially zoned property.

Pedestrian conflicts. Pedestrian walkways or paths shall be designed so as to minimize conflicts with vehicle standing spaces, drive-through lanes, or drive-through aisles.

Signage. All menu signs, menu boards, or readerboard signs shall face away from the street or public right-of-way. All drive-through areas or drive-through aisles shall be indicated with a drive-through entry sign.

Building and site design. Drive-through facilities or drive-through areas shall be designed to be part of the principal or main structure only, except for drop-off boxes only, which are permitted to be located separate from the principal or main structure. Drive-through windows and drop-off boxes shall not be located on the side of the principal structure that is adjacent to a residential use or residentially zoned property.

(i)

Drop-off box or drop-off in-vehicle service. A principal use that provides in-vehicle drop-off service, either as a freestanding box, or as part of the principal structure, shall not locate such drop-off service on the side of the building or on that portion of the development site that is adjacent to residentially zoned or residentially used property. One vehicular standing space shall be provided for each drop-off service located on the development site, and such space shall be conveniently located to the drop off service so as to allow persons in vehicles to drop off items and exit the site without backing out onto a street.

(j)

Bypass lane. All drive-through facilities shall be designed with a bypass lane clearly marked so as not to conflict or interfere with internal circulation or ingress or egress to and from the site. The bypass lane shall be a minimum of 10 feet in width and function so as to allow vehicles to pass or circumvent the drive-through window(s) or drop-off box without actually traveling through any lane reserved for a drive-through window or drop-off box. The bypass lane shall be designed so as to allow the movement of vehicles only and not provide any in-vehicle customer service.

An application to permit a drive-through facility, as defined in § 70-231, shall be reviewed by the Commissioner of Planning, and shall include the items required for submission listed in § 70-219, unless otherwise waived by the Commissioner of Planning, and shall demonstrate compliance with the requirements provided herein.

In considering applications for approval hereunder, the Town Board shall consider the general standards set forth in § 70-203S and § 70-225B(1) of this Code and also follow the review procedures and requirements listed in § 70-219.

Below-grade parking structures.

[Added 10-3-2006 by L.L. No. 14-2006]

No permits for the construction or alteration of a below-grade parking structure shall be issued without first obtaining approval from the Town Board after a public hearing.

In considering applications for approval hereunder, the Town Board shall consider the general standards set forth herein, and in § 70-225B(1) of this Code, and shall also follow the review procedures and requirements listed in § 70-219.

Below-grade parking structures shall be subject to the following requirements:

A below-grade parking structure may be permitted, provided it is demonstrated that it will reduce adverse visual impacts to adjoining properties; that the amount of surface paving will be reduced; or that the below-grade structure is necessitated by existing topographical conditions.

The number of levels below grade shall not exceed three nor a maximum depth of 35 feet.

The minimum vertical distance between the bottom of the foundation slab or footing and the groundwater table shall be not less than 10 feet. The groundwater table elevation shall be determined by not less than five soil borings, generally one at each corner of the foundation and one at the center of the parking structure.

Vehicular access ramps shall not face adjoining residential properties nor shall access and egress drives be located on a residential street.

In the case of partially below-grade structures, parked vehicles shall be shielded from public view by structural walls.

Nonresidential buildings in which some or all of their required parking spaces are located in below-grade structures shall be subject to the following maximum floor area ratios:

Warehouse, industrial: 0.60.

Hotel, institutional: 0.95.

Retail, general business: 0.45.

[4]

General office: 0.40.

[5]

Medical office: 0.33.

[6]

Restaurant, public assembly: 0.30.

All parking spaces shall be clear of columns or other projections and shall conform to the minimum dimensional standards set forth in § 70-103. A minimum vertical clearance of seven feet must be provided for all drive aisles and parking spaces. If loading areas are provided for in a below-grade parking structure, then the minimum vertical clearance shall be 15 feet in accordance with the provisions of § 70-103F.

Parking spaces and access aisles shall not exceed a maximum gradient of 3%. Access ramps to the exterior and between parking levels shall not exceed a maximum gradient of 8%.

(i)

A mechanical ventilation system is required for all below-grade parking structures in accordance with the Mechanical Code of New York State. Exhaust openings shall not be permitted on any side of the parking structure adjoining a residence district.

(j)

Below-grade parking structures must be equipped with twenty-four-hour closed-circuit television (CCTV) security cameras. Security cameras may be either monitored or recorded, but must cover all public entrances and exits and at least half the parking area. Recordings from security cameras shall be maintained for a minimum of 30 days and shall be made available to police if requested. It shall be the responsibility of the owner to install, maintain and operate the security cameras; however, it shall be within the sole discretion of the owner to determine whether personnel shall be assigned to monitor the cameras in real time.

(k)

The Town Board may permit valet parking to be provided within a below-grade parking structure, subject to the following requirements:

Parking stall and aisle dimensions shall be required to be shown on the site plan.

Valet parking spaces need not be immediately accessible, provided spaces are arranged so that no more than two parking spaces would be crossed in the parking of any vehicle.

The owner of the parcel proposed for development submits a valet parking agreement to the Town which includes the following:

[a]

A legal description of the parcel where the below-grade parking structure will be located;

[b]

The total number of valet parking spaces to be provided;

[c]

The restriction that attendants will be provided 100% of the operating hours of the principal use.

[d]

The valet parking agreement shall be approved as to form by the office of the Town Attorney and shall be recorded in the public records of Nassau County at the owner's expense.

[e]

The valet parking agreement shall be considered a restriction running with the land and shall bind the heirs, successors and assigns of said owner.

When an application for a proposed development is subject to site plan review in accordance with the provisions of § 70-219, an application to permit a below-grade parking structure, as defined in § 70-231, shall be filed simultaneously and will be reviewed by the Town Board in consolidated proceedings with the site plan approval.

Rumble strips are required for uses which typically generate dirt, dust, sand, recycled concrete aggregate (RCA), silt or other similar material that may be tracked onto the public right-of-way.

[Added 8-9-2016 by L.L. No. 6-2016]

Uses requiring rumble strips include but are not limited to the following:

Concrete recycling operation;

Brick, pottery, tile, concrete block or terra-cotta manufacture;

Manufacture of sand, stone, cement or gravel or other materials used for the processing or manufacture of concrete mix;

Transfer stations;

Facilities used for the storage of construction vehicles.

Other facilities which create dust and/or dirt as determined by the Building Commissioner.

[Added 3-18-2021 by L.L. No. 3-2021]

The length of the rumble strips shall be no less than 24 feet and be located at all exits of a facility.

[Amended 3-18-2021 by L.L. No. 3-2021]

Rumble strips must be anchored to the ground.

A refrigerated garbage locker shall be required within any restaurant, bar and grill or retail food use. There shall be no outdoor storage of putrescible waste generated by any food use at any time. The applicant shall arrange for indoor carry-out/pickup with a licensed sanitation collector and shall forward a copy of the contract to the Building Official prior to the issuance of a certificate of occupancy.

[Added 3-20-2018 by L.L. No. 2-2018]

Electric vehicle charging stations.

[Added 1-29-2019 by L.L. No. 3-2019; amended 8-5-2021 by L.L. No. 16-2021; 3-14-2023 by L.L. No. 6-2023]

Commercial properties. Electric vehicle charging stations shall be permitted in all commercial districts, subject to the following:

Each electric vehicle charging station shall include vehicle impact protection (bollards) or a similar structure.

The greater of two spaces or 10% of the total provided parking may be designated for the exclusive use as electric vehicle charging and the sale of electricity and counted towards the off-street parking requirements specified in § 70-103. When a charging station is incapable or prohibited from charging vehicles from multiple vehicle manufacturers, those designated charging spaces effected by this limitation will not be counted towards the off-street parking requirement specified in § 70-103.

Components for electric vehicle charging stations may encroach up to 36 inches into a required setback or buffer.

Electric vehicle charging station capable.

Commercial properties and multiple- unit residences. New parking garages and new or expanded parking lots with 10 or greater parking spaces shall provide conduit and pull wire to accommodate the future installation of car charging equipment for 10% of the total parking spaces.

Residential properties. New detached one- or two-family dwellings and townhouses with parking areas provided on the premises shall provide a provision for 208 or 240V with a minimum forty-amp circuit installed for electric car charging purposes. Provision shall be made to accommodate the future installation of car charging equipment in the garage or parking area and the installation of a one-and-one-half-inch-diameter conduit from the service panel of said dwelling to the garage or parking area. If the main service panel is installed in the garage, then the one-and-one-half-inch-diameter conduit shall not be required.

For purposes of this section "expanded parking lots" shall mean increasing the provided parking spaces by at least 20%.

Dog runs, as defined in § 70-231 and where permitted by this chapter, shall be located not less than 100 feet from the perimeter fence or enclosure to the boundary line of the nearest property zoned or used for residential purposes.

[Added 10-13-2022 by L.L. No. 18-2022]

§ 70-203.1 Child care, nursery school and similar facilities.

[Amended 10-2-2001 by L.L. No. 8-2001]

Child-care facilities shall conform to the New York State Office of Children and Family Services licensing requirements. In any case in which the Town of North Hempstead child-care regulations conflict in any way with the regulations of the state, the most restrictive shall govern.

Required outdoor play areas for children shall be fenced on all sides, and landscaping or other screening shall be provided to the satisfaction of the Building Official. Play areas shall not be located within any required front yard setback.

A drop-off area, separate from the driveway and parking area(s), shall be provided directly in front of the main entrance to each child care, nursery school or similar facility. Said drop-off area shall not be located so as to conflict with any other requirements of this chapter. The drop-off area shall provide sufficient queuing space for one vehicle per each 12 patrons' capacity, or as otherwise required by the Building Official in order to provide for safe pick-up and drop-off.

§ 70-204 Parking on vacant lots.

[Amended 3-25-1986 by L.L. No. 3-1986]

The provisions of § 70-103 shall apply with regard to parking on vacant lots.

§ 70-205 Off-street parking for places of public assembly.

[Amended 12-3-1985 by L.L. No. 12-1985; 3-25-1986 by L.L. No. 3-1986]

The provisions of § 70-103 shall apply with regard to off-street parking for places of public assembly.

§ 70-206 Trailers.

A trailer or camp car may be maintained upon premises in any use district only when authorized by the Board of Zoning and Appeals pursuant to the provisions of Article XXIV, and subject to the following conditions. Such trailer or camp car shall be maintained only upon premises on which is located a one-family dwelling, and written permission shall be given by the owner or tenant of said dwelling for use of sanitary facilities in said dwelling by the occupants of such trailer or camp car. Such permission shall be given only to a guest of the owner or tenant of the premises on which such trailer or camp car is to be maintained and, in a residence district application to the Board of Zoning and Appeals, shall be accompanied by a sworn statement from the owner or tenant of the premises that no fee or rental charge is to be made for such use. No more than one permit covering a total period of three months in any one period of 12 months shall be issued to the owner of any such trailer or camp car or to any member of his or her family.

§ 70-207 Institutions.

An institution required to be licensed under the Mental Hygiene Law of the State of New York is hereby prohibited in all use districts.

§ 70-208 Nonconforming buildings and uses.

[Added 4-28-1987 by L.L. No. 10-1987[1]; amended 3-1-1994 by L.L. No. 1-1994; 4-4-1995 by L.L. No. 4-1995; 7-10-2012 by L.L. No. 11-2012]

Notwithstanding any other provision of this chapter, any automobile or other junkyard in existence at the effective date of this chapter in a residence or business district shall, at the expiration of three years from such date, be discontinued.

The lawful use of a building or premises existing at the effective date of this chapter, or authorized by a building or other permit issued prior thereto, may be continued, although such use does not conform to the provisions of this chapter.

A nonconforming use of a building or premises may be changed only to a use of a higher classification according to the provisions of this chapter. For purposes of this section, a change to a use which is a conditional use in the more restricted zone shall not be considered to be a change to a use of a higher classification.

Whenever a nonconforming use of a building or premises has been abandoned or changed to a higher classification or to a conforming use, such use shall not thereafter be changed to a use of a lower classification.

Discontinuance of any nonconforming use for a period of one year or more terminates such nonconforming use of a structure or premises, and, thereafter, said structure or premises shall not be used except in conformity with provisions of this chapter.

A nonconforming building shall be extended, altered, enlarged, replaced or moved only if such extension, alteration, enlargement, replacement or move does not increase the existing nonconformity and is in accordance with the provisions of § 70-209.

A nonconforming use shall be altered or replaced only if such alteration or replacement does not increase the existing nonconformity and is in accordance with the provisions of § 70-209. A nonconforming use shall be extended, enlarged, or moved only if such extension, enlargement, or move is in conformity with the provisions of this chapter.

Nothing in this article shall be deemed to prevent keeping in good repair a nonconforming building or a building in which a nonconforming use is conducted, but no such building that is declared by the Building Official to be unsafe or unlawful by reason of physical condition shall be restored, repaired or rebuilt except in conformity with the regulations prescribed by this chapter for the district in which such building is located.

Nothing in this article shall be deemed to apply to any building or use or part thereof established in violation of law.

In any criminal or quasi-criminal prosecution or enforcement action or civil injunction commenced by the Town to enforce the provisions of Chapter 70 of the Town Code, if a property owner or other defendant sets forth as a defense the existence of a preexisting nonconforming use, such a defense shall be deemed an affirmative defense for all purposes, and the burden of proof shall be upon the property owner or other defendant to establish by a preponderance of the evidence that the use is a preexisting nonconforming use.

Applications concerning single-family and two-family dwellings located in Business or Industrial Districts that existed at, and were lawful at, the effective date of this chapter shall be reviewed in accordance with the requirements of Article VI of this chapter pertaining to the Residence-C District. Nothing in this code shall permit, in Business and Industrial Districts, the construction of a new dwelling nor the reconstruction of an existing dwelling that has been removed to the extent that the removal exceeds 50% of the existing structure as defined in § 70-209.

[Added 1-29-2019 by L.L. No. 3-2019]

Editor's Note: This local law also repealed former § 70-208, Municipal use, amended 10-10-1967.

§ 70-208.1 Municipal use.

[Added 4-28-1987 by L.L. No. 10-1987; amended 8-30-1988 by L.L. No. 3-1988]

Notwithstanding any other provisions of this chapter, buildings, structures and premises necessary for use and occupancy by the Town or County of Nassau for public or municipal purposes are hereby permitted in any use district. For the purposes of this section, special or improvement districts within the Town, created or existing by virtue of the Town Law of the State of New York and the Town of North Hempstead Solid Waste Management Authority, shall be deemed subdivisions of the Town.

§ 70-209 Buildings or structures demolished, damaged or removed.

[Amended 7-10-2012 by L.L. No. 11-2012]

No building or structure which has been demolished, damaged or removed for any reason to the extent that the damage, demolition or removal exceeds 50% of the exterior structure and/or interior floor systems, exclusive of foundations, shall be repaired, rebuilt or used except in conformity with the provisions of this ordinance and the current edition of the Uniform Fire Prevention and Building Code.

A building or structure which has been demolished, damaged or removed for any reason to the extent that the damage, demolition or removal does not exceed 50% of the exterior structure and/or interior floor systems, exclusive of foundations, shall be permitted to be replaced in accordance with the provisions of § 70-208F.

§ 70-210 Location of buildings.

No building to be used for dwelling purposes shall be erected in back of or to the rear of a building on the same lot.

No building situated in back of or to the rear of a building on the same lot at the effective date of this ordinance shall be altered and used for dwelling purposes.[1]

Editor's Note: Former Subsections C and D, which immediately followed this subsection and dealt with the erection of a private garage and steps extending into a minimum yard, respectively, were repealed 4-1-1997 by L.L. No. 8-1997. See now §§ 70-100.1I and 70-101G.

§ 70-210.1 Diminishing present lots.

[Added 4-28-1987 by L.L. No. 10-1987]

The lot, open space or yard areas required by this chapter for a particular building shall not be diminished and shall not be included as a part of the required lot, open space or yard area of any other building. If the lot, open space or yard areas required by this chapter for a particular building are diminished, the continued existence of such building shall be deemed a violation of this chapter. The lot, open space or yard areas of buildings existing at the time of the passage of this chapter shall not be diminished below the requirements herein provided for buildings hereafter erected, and such required areas shall not be included as a part of the required areas of any building thereafter erected.

§ 70-210.2 Irregularly shaped lots.

[Added 4-28-1987 by L.L. No. 10-1987]

The subdivision of lots in such a manner that the side lines run other than a straight and constant course and result in irregularly shaped lots is hereby prohibited.

§ 70-211 Completion of buildings.

Nothing herein contained shall require any change in the plans, construction or designated use of a building, the construction of which shall have been begun at the time this ordinance becomes effective, and which entire building shall have been completed within one year from the date of the adoption of this ordinance.

§ 70-212 Dumping and storage.

No lot or plot or tract of land shall be used for the storage, dumping or abandonment of any combustible materials, junk, metal, bricks, stone, concrete, concrete blocks, pavement, paving, plaster, lumber or any other kind of building material, automobiles, automobile bodies, automobile chassis or parts or portions thereof, tanks, barrels, containers, machines, machinery, engines, utensils or appliances, any of which or any parts whereof are entirely or in part made of metal, or any other abandoned article. The foregoing shall not prohibit application for a use permit for temporary storage purposes and the granting of said permit by the Board of Zoning and Appeals, pursuant to the provisions of Article XXIV.

Where accessory outdoor storage is otherwise permitted in any use district, the area shall be specifically designed and screened so that no vehicles, machines or supplies are visible from ground level. No part of the accessory outdoor storage area shall be located closer than 120 feet to the front property line. Said storage area shall not occupy more than 15% of the plot area.

[Added 8-12-1980 by L.L. No. 9-1980]

§ 70-213 Unlicensed or inoperative motor vehicles.

No lot or premises shall be used for the outside storage of an inoperative or unlicensed motor vehicle or vehicles except as otherwise permitted in this ordinance for the purposes of retail sale of such vehicles in business or industrial districts. No repairs shall be made to such vehicle or vehicles outside of enclosed buildings. Nothing herein shall be construed to prohibit the storage of such vehicle or vehicles inside a garage or other building located on the premises.

§ 70-214 Projections over sidewalks, streets and malls.

In any use district, no sign, awning or other encroachment nor any portion of such sign, awning or other encroachment shall project out, over or into a sidewalk, street or mall unless the lowest portion of such encroachment is at least seven feet in height above such sidewalk, street or mall, except as otherwise modified by the remainder of this section.

Subject to the approval of the Town Highway Department, marquees at entrances to buildings may extend beyond the street line and across the sidewalk to within two feet of the curbline, provided they are not less than 10 feet above the curb level at all points. That side of a marquee attached to a portion of a building and the side of the marquee parallel to it may not exceed in size a number of feet equal to 50% of that portion of the building to which it is attached.

Drop awnings attached to buildings may extend beyond the street line but not nearer than two feet to the curbline, provided that when let down to their full extent they are not less than seven feet above the sidewalk at all points, and provided further that no lettering or other display shall be placed thereon other than the name of the individual, firm or corporation transacting business in the building, and the house number. No fixed awnings shall extend beyond the street line. These provisions shall not prohibit the use for periods not to exceed 48 hours of temporary canopies across sidewalks so arranged that a free passage at least six feet in width is afforded along the sidewalk.

Nothing in this section shall be deemed to authorize any projection beyond the street line that is prohibited by the Building Zone Ordinance or any other law or ordinance.

§ 70-215 Prohibited types of construction.

Construction that does not conform with the requirement of the Town of North Hempstead Building Code or NYS Uniform Fire Prevention and Building Code in effect at the time of construction, extension, or alteration or the requirements of the current NYS Property Maintenance and NYS Fire Codes applicable to existing buildings shall be prohibited in all use districts.

[Amended 11-19-1974 by L.L. No. 11-1974; 11-9-1982 by L.L. No. 7-1982; 8-5-2021 by L.L. No. 16-2021]

No building or premises in any use district shall be hereafter used or occupied in whole or in part for the purpose of operating or conducting a discotheque, dance hall or similar place where one of the principal activities is dancing, unless a special use permit is obtained therefor from the Board of Zoning and Appeals pursuant to Article XXIV of this ordinance. No permit shall be granted for such use unless the building in which the activity is to be conducted contains a minimum open floor area of 10 square feet per person for the total number of persons that may be legally accommodated and unless there are two means of direct ingress and egress for the public which shall not require passage through any other rooms or divided portion of the building to obtain access to or from the dance floor. All such uses shall provide the off-street parking facilities required of places of public assembly under Article XII of this ordinance.

[Added 6-28-1966]

No building shall be erected or constructed in any use district unless such building shall be of rigid construction, having firm attachment in the ground, and shall be in conformity with all applicable structural codes of the Town of North Hempstead. All devices made of fabric, plastic or other flexible material intended for the shelter of persons or the storage of materials and erected and maintained by air or gaseous pressure are prohibited in all use districts. Outdoor uses of properties, tent structures and temporary structures are permitted on a temporary basis, under the conditions listed in § 2-9N, only for a use permitted in the subject zoning district, and further provided that:

[Added 3-6-1973; amended 1-28-1997 by L.L. No. 3-1997]

There is an established building on the property, with a business to which the temporary use is incidental.

No outdoor storage is permitted.

No streamers, banners, flags, flashing lights, floats or similar exhibits are permitted.

No signs are permitted except those approved under § 70-196.

Parking requirements are maintained under § 70-103.

Dangerous fencing.

[Added 7-9-1991 by L.L. No. 10-1991]

In no case shall barbed wire, razor wire, spikes, chipped glass, electricity or similar materials or devices be used in conjunction with or as part of any fence. No fence shall be permitted which is expressly designed with the intent to injure or malign anyone who attempts to climb such a fence. The exceptions to this rule are certain types of fences listed in § 70-215D(2).

Barbed wire or electric fences.

A fence which is seven feet high with a barbed wire, razor wire or spiked top or an electric shock fence which would not be detrimental to the health, safety or welfare of any person coming into contact with it may be permitted in the industrial districts, upon issuance of a conditional use permit by the Board of Zoning and Appeals:

Where it can be demonstrated that the fence is needed to prevent entry to an area which could be hazardous to the health, safety or welfare of a person or persons.

Where, in the Board's opinion, other reasons are presented which, in the general community interests or interests of national safety, justify the need for such a fence.

Where such fences are permitted, the fact that they are either barbed or electrified shall be clearly indicated on the fences at intervals of not more than 25 feet.

§ 70-216 Parking or repair of vehicles in front yards.

[Added 10-10-1967; amended 11-17-1970; 4-2-1971; 5-18-1971; 3-25-1986 by L.L. No. 3-1986]

The provisions of § 70-103 shall apply with regard to the parking or repair of vehicles in front yards.

§ 70-217 Light fixtures.

[Added 10-10-1967 by L.L. 69, 1969; amended 12-14-1999 by L.L. No. 14-1999]

All lighting of premises, other than places of public assembly, shall be directed away from any adjoining residences or public rights-of-way and shall not exceed a height of 20 feet above the grade of the premises. The location, candlepower and type of fixture to be installed shall be first approved by the Building Official.

All lighting shall be shielded so that direct glare shall not be visible from beyond any property line.

§ 70-218 Licenses for fence installers.

[Added 2-13-1973]

No person, firm or corporation shall engage in the business of erecting fences without first having procured a license and a permit from the Building Official to conduct such business.

Application for a license shall be made on forms to be furnished by the Building Official, who shall examine such applicant at such time and place as he shall designate as to his or its qualifications and competency to engage in the business. The examination shall be practical and elementary in character but sufficient to test the qualifications of the applicant in the most approved methods in connection with said business. Said license shall not be transferable, and any license granted may be revoked by the Building Official if the licensee violates any provision of this article. When a license is revoked, a new license shall not again be granted to the same licensee for at least 30 days.

All fees are defined per the schedule adopted by Town Board resolution.

[Amended 4-11-2006 by L.L. No. 5-2006]

Said person, firm or corporation engaged in the business of installing fences shall, before beginning operation under said license, file with the Town Board of the Town of North Hempstead a bond in the amount of $10,000 with sureties to be approved by said Board conditioned for the faithful observance of this article and to save and keep harmless the Town of North Hempstead from all damages, liabilities, losses or judgments that may be recovered against the Town by reason of the negligent erection or maintenance of any such fence and/or to reimburse the Town for any removal expense caused by the failure of the licensee to remove any such fence.

§ 70-219 Site plan review.

[Added 2-27-1973; amended 4-24-1973; 5-22-1979 by L.L. No. 7-1979; 8-12-1980 by L.L. No. 12-1980; 4-27-1982 by L.L. No. 3-1982; 3-25-1986 by L.L. No. 3-1986; 4-28-1987 by L.L. No. 10-1987; 11-1-1988 by L.L. No. 5-1988; 12-15-1992 by L.L. No. 12-1992; 6-28-1994 by L.L. No. 4-1994; 3-12-2002 by L.L. No. 3-2002; 4-23-2002 by L.L. No. 6-2002; 4-1-2003 by L.L. No. 3-2003; 4-12-2005 by L.L. No. 2-2005; 11-15-2005 by L.L. No. 11-2005; 11-15-2005 by L.L. No. 12-2005]

For purposes of this section, "site" shall be defined as any lot or two or more contiguous lots or tracts of land owned and recorded as the property of the same person or entity, or controlled by the same person or entity, and being used or developed as one parcel or project, whether in one or more phases or under one or more building permits. For purposes of this section, unless otherwise specified, "residence district" shall include Residence Open Space, Residence AAA, Residence AA, Residence A, Residence B, Residence C, Residence D, Multiple Residence, Public Housing, Golden Age, Senior Residence District and the Planned Waterfront Residential Community Districts.

When site plan review required; procedure. No permit shall be issued for a site greater than 25,000 square feet in any zone other than Residence Open Space, Residence AAA, Residence AA, Residence A, Residence B, Residence C, Residence D, or Hospital District until a site plan, as specified in this section, has been approved by the Town Board, if any one or more of the following criteria are met:

[Amended 5-29-2007 by L.L. No. 5-2007; 10-16-2007 by L.L. No. 9-2007]

The site upon which the work is proposed involves one or more of the following:

The construction of a new building or structure or addition to an existing structure of greater than 750 square feet of floor area.

The change in use of an existing building or buildings on a site in a manner which will:

Increase the number of required off-street parking spaces for the site pursuant to § 70-103 of this chapter by more than 33%; or

Add at least 10,000 square feet of retail; or

Add at least 10,000 square feet of public assembly use at the site.

The alteration of an existing single retail use greater than 20,000 square feet at the site so as to create three or more retail or public assembly uses.

The alteration of an existing single retail space greater than 20,000 square feet to permit shared occupancy by more than two tenants.

A change in the number of site access/egress points, entrance/exit drives or curb cuts or a relocation of an existing access point by more than 20 feet.

[Amended 8-5-2021 by L.L. No. 16-2021]

Where a permit application is subject to site plan review, the Commissioner of Buildings shall advise the applicant. Unless otherwise waived by the Commissioner of Buildings, the applicant shall obtain all necessary approvals from other boards or commissions prior to site plan submission. Thereafter an application for site plan review, in accordance with the requirements of this section as set forth hereafter, shall be submitted to the Building Department. Before the application is referred to the Town Board, the Commissioner of Buildings shall also refer the application and plans submitted to the Commissioner of Planning and Economic Development, who shall review the plans and provide any recommendations or comments to the Town Board. Following receipt of the reports from the Commissioner of Buildings and the Commissioner of Planning and Economic Development, the Town Board shall schedule a public hearing for site plan review. The Commissioner of Planning and Economic Development shall notify the applicant of the date for the public hearing at which the Town Board will consider the site plan application, and the applicant shall provide notice of such hearing in accordance with Subsection F.

Town Board decision.

Approval. Upon approval of the site plan, the Town Board shall direct the Commissioner of Planning and Economic Development to stamp and sign three sets of drawings which shall be distributed as follows: one set each to the Commissioner of Buildings and the applicant, and one set to remain with the Planning Department.

Approval with modifications. The Town Board may conditionally approve the final site plan. A copy of the written statement containing the modifications required by the conditional approval will be prepared by the Commissioner of Planning and Economic Development and sent to the applicant. After adequate demonstration to the Commissioner of Planning and Economic Development that all conditions have been met and modifications, if any, to the site plan have been made, the Commissioner of Planning and Economic Development shall endorse his/her approval on a copy of the site plan and shall provide the applicant and the Town Board with a written statement of approval. Three sets of documents shall be distributed as in § 70-219B(1) above.

[Amended 5-29-2007 by L.L. No. 5-2007]

Disapproval. Upon disapproval of the site plan, the decision of the Town Board shall be filed with the Commissioner of Buildings, along with the Town Board's reasons for disapproval.

Fees and costs. Fees for site plan review shall be set according to the amounts indicated in the Town of North Hempstead Fee Schedule.

[Amended 4-11-2006 by L.L. No. 5-2006; 5-29-2007 by L.L. No. 5-2007]

Submission requirements and standards. The applicant shall prepare and submit plans and documentation to the Building Department for review and approval at a public hearing by the Town Board. All plans and accompanying documents shall be prepared by the appropriate professional(s) licensed in the State of New York and shall be prepared at a scale sufficient to clearly present the required information for review. The application shall include two complete sets of plans and documents for initial review, and supplemental sets as requested by the Planning and/or Building Department. Upon request by the Planning Department, the applicant shall submit additional full-size and reduced-size sets of documents prior to the public hearing. Unless otherwise waived or modified by both the Commissioner of Buildings and the Commissioner of Planning and Economic Development, each submission shall include, but not be limited to, the following general considerations and format:

[Amended 11-15-2005 by L.L. No. 11-2005; 5-29-2007 by L.L. No. 5-2007]

A title page which shall include the following:

A key map at a minimum scale of one inch equals 1,000 feet, showing clearly and accurately the location of the property in relation to the neighboring streets and the location of the nearest bus routes and bus stops, if applicable.

A zoning/site data analysis in a format acceptable to the Commissioner of Buildings. This analysis shall include zoning district information; permitted and proposed data for all zoning criteria, including, but not limited to, floor areas by use, lot coverage, building height, parking; and the quantities of pervious and impervious surfaces. All zoning calculations shall be based on gross floor area as required in this chapter.

Names of the appropriate water and sewer districts.

The name and address of the applicant, and the name and address of the owner of the site, if different from the applicant. If the applicant or owner is a corporation or partnership, the names of all principals shall be included.

The name(s) and contact information of the professional engineer, land surveyor, architect, landscape architect and/or land planner involved in preparing the plans.

An area map of the subject site and all properties within a radius of 300 feet of any contiguous property owned by the applicant. The area map shall include all proposed principal and accessory buildings, the names of abutting property owners, as well as section, block, and lot information for all properties within the three-hundred-foot radius.

The name of all abutting streets and whether said streets are Town, county or state highways.

A list of drawings included in the submission set, with the original drawing dates and all revision numbers and dates indicated.

A site plan, fully dimensioned, which shall include the following:

Location, arrangement, design and general site compatibility of all buildings, structures, equipment, landscaping, signs, and lighting.

All proposed parking and loading facilities, circulation aisles servicing those facilities, and all pavement markings.

If the site has or is proposed to have vehicular access to or from an adjoining property, plans of such adjoining property, including, but not limited to, uses, building footprints, parking, site circulation, and pavement markings.

Adjacent roadways indicating traffic flow directions and showing vehicular access and circulation to and from the site, including intersections, road widths, pavement surfaces, dividers, traffic controls, and street lighting.

Right-of-way improvements or road widening in conformance with the requirements of the Superintendent of Highways, and to provide a minimum of 60 feet of right-of-way in industrial areas. Any road surfacing required by the widening of existing pavement shall be equal to or better than the existing pavement and shall meet all specifications of the Highway Department which pertain to the area.

Arrangement of pedestrian traffic access and circulation, including, but not limited to, walkway structures, control of intersections with vehicular traffic, handicapped accessibility, and overall pedestrian convenience and safety.

Location of, and type of equipment provided for adequate storage and disposal of garbage and refuse.

Floor plans, which shall include the following: floor plans of each level, including, but not limited to, basements, cellars, mezzanines and attics, and labeling of all interior spaces with their uses.

Building elevations and section, which shall include the following:

Existing and proposed grades in Nassau County Vertical Datum.

Finished floor elevations for each level.

Building height elevation(s).

Building/site section(s) as required by the Commissioner of Buildings or Commissioner of Planning and Economic Development to adequately analyze the site development.

Proposed finish materials for all exterior surfaces.

Sketches to scale, indicating the design, color and material of signs, accompanied by a brief narrative explaining the lighting mechanism.

Building perspectives and/or photo simulations, which shall include the following:

[Amended 10-22-2020 by L.L. No. 15-2020]

The main building as viewed from all public rights-of-way.

The main building as viewed on approach from within the site if substantially different from the above view(s).

Any other proposed structures as required by the Commissioner of Buildings or Commissioner of Planning to adequately analyze the site development.

All perspective drawings and photo simulations must be drawn to scale and must accurately depict adjoining properties, buildings and the contextual relationship to the surrounding neighborhood.

Landscape plan, which shall include the following:

All existing and proposed landscaping, specifying the type, size and location of trees, shrubs, and other landscaping materials. Tree size shall include diameter at four feet six inches above grade as well as height of the tree.

All fencing, specifying style, material, and height.

All lawn irrigation, specifying the water utilization in gallons per minute. Sprinkler heads or plumbing systems shall not be installed, maintained or allowed to encroach upon any public rights-of-way.

All retaining walls, which shall require a building permit, and must be designed by a qualified professional licensed to practice in the State of New York. Retaining walls shall conform to the requirements of § 70-202.1.

When a planted buffer is required as a screen for adjacent properties, it shall consist of a ten-foot-wide strip planted with coniferous material six feet tall on seven-foot centers in the case of a single row. When a double row is required, the planting strip shall be 20 feet wide planted with staggered rows of coniferous material six feet tall. Plantings shall be of sufficient quality and quantity to provide a pleasing appearance and shall include the maximum retention of existing vegetation. All required buffers shall be maintained, and replacement vegetation shall be planted as required to maintain the required screening in perpetuity.

Curbs, sidewalks and street trees in accordance with the specifications of the Highway Department of the Town of North Hempstead, and subject to the approval of the Superintendent of Highways. Curbs, sidewalks or trees may be deleted if, in the opinion of the Town Board, they would be deemed unnecessary or inappropriate.

(7)

Drainage and sediment/erosion control plan(s), which shall include the following:

Existing/proposed grades, by contours and spot elevations (in Nassau County Vertical Datum), in sufficient numbers to adequately depict how the land will drain.

Schematic drawing of the roofs of all proposed buildings and equipment, showing the drainage system and direction of water flow.

Limits and runoff direction for each drainage area, in plan view.

The location, size and type of drainage facilities, with top and invert elevations.

Table showing that the stormwater and drainage system, as designed by a licensed professional, adequate to dispose of a minimum five-inch rainfall. The drainage system shall comply with the minimum standards of the Nassau County Department of Public Works rules and regulations governing approval for erection of buildings on county highways.

Location of on-site water supply and sewage disposal facilities and their connections.

The depth and limits of all cuts and fills.

The footprint and first-floor elevation of all structures.

(i)

Drainage on existing roads as required by the Commissioner of Public Works. Any proposed structures or improvements made upon the right-of-way must receive the approval of the Superintendent of Highways.

(j)

Methods and materials to be used to address erosion and sediment and slope stabilization both during and after construction, in plan and narrative form.

(8)

Lighting plan, which shall include the following:

The location of all proposed lighting fixtures, height of standards and the intensity and type of fixture, located and designed so as not to have an adverse effect on surrounding property.

Illumination levels for the entire site, not exceeding 0.5 footcandle at the property line, except as otherwise approved by the Town Board.

Catalog cut or picture of the light fixture and the manufacturer's specification sheet.

(9)

Reports and documentation, including, but not limited to, the following:

A full environmental assessment form in the format required by the State Environmental Quality Review Act.

Traffic analysis, including capacity and level-of-service for the nearest signalized intersections.

Water and sewer availability letters.

Copies of any restrictive covenants existing on any portion of the site.

Copies of all variances granted for the site.

Copies of access permit application and curb cut approvals from the appropriate jurisdiction(s).

Existing conditions survey.

Photographs of all properties abutting the parcel and across from the parcel within 300 feet.

(10)

Where applicable, a statement setting forth whether the proposed use conforms to, or deviates from, a community visioning or vision plan which has been adopted by the Town Board as a planning document for the Town. In the event that the proposed use deviates from such plan, the statement shall set forth how it deviates and the reasons why it should be approved despite this deviation.

Review standards. All site plan applications shall be reviewed for the following standards:

Overall impact on the neighborhood, including compatibility of design considerations and adequacy of screening from residential properties.

Adequacy of the design to avoid a negative impact on the health, safety, or general welfare of the public.

Adequacy of the plan to mitigate the impact of traffic on surrounding streets caused by the proposed development and other known projects in accordance with standard review practices.

[Amended 5-29-2007 by L.L. No. 5-2007]

Adequacy of drainage system to contain stormwater on site.

Unless waived by the Superintendent of Highways, curb cuts shall conform to the following standards:

Curb cuts on all business or industrial properties shall have a minimum length of 12 feet and a maximum length of 36 feet.

Curb cuts on all business or industrial properties shall be a minimum of 15 feet from any property line and 25 feet from a corner.

Curb cuts on all business or industrial properties shall have a minimum distance of 40 feet between curb cuts per site.

The maximum number of curb cuts on all business or industrial properties shall be two on any street, per site.

The Superintendent of Highways shall have the right to delete or relocate curb cuts if, in his opinion, the proposed location of curb cuts would create a hazardous condition.

[Amended 5-29-2007 by L.L. No. 5-2007]

Compliance with a community visioning or vision plan which has been adopted by the Town Board as a planning document for the Town.

[Added 11-15-2005 by L.L. No. 11-2005; amended 5-29-2007 by L.L. No. 5-2007]

Notice.

The Town Clerk shall publish notice of the public hearing for site plan review in the local newspapers at least 10 days before the date the site plan is to be reviewed by the Town Board. The notice shall identify the property affected by stating the section, block, lot and street address and shall also state the date, time and place of the hearing.

[Amended 5-29-2007 by L.L. No. 5-2007]

Where a site plan application is adjourned, the Town Clerk shall publish notice of the new hearing date in the local newspapers at least 10 days before the new hearing date on which the site plan is to be reviewed by the Town Board. The notice shall identify the property affected by stating the section, block, lot and street address and shall also state the date, time, and place of the hearing.

[Added 11-19-2019 by L.L. No. 15-2019]

Before the site plan application will be heard by the Town Board, the applicant must provide notice of the site plan hearing to property owners within a radius of 300 feet of the site, in the manner provided for in § 70-240 of this chapter for special permit applications and must file an affidavit as to the mailing of such notices as required by that section.

Where a site plan application is adjourned, the applicant must notice the new hearing date to each affected property owner within a radius of 300 feet of the site. Not less than 10 nor more than 20 days before the hearing, the applicant shall send notice, via first-class mail, stating the nature of the application, and the date, time and place for the hearing on the site plan application. The applicant must file, with the Town Attorney, an affidavit as to the mailing of such notices not less than five days before the hearing.

[Added 11-19-2019 by L.L. No. 15-2019]

Sign notice requirements for site plan applications.

Sign notice shall be given by the property owner of the subject property by posting a sign stating the time, date and place of the public hearing to be held by the Town Board on the property which is the subject of an application for site plan review.

[Amended 5-29-2007 by L.L. No. 5-2007]

The sign shall be posted at least 10 days prior to the date of the public hearing to be held by the Town Board.

The sign shall be visible from adjacent rights-of-way, including waterways.

If the subject property is on more than one right-of-way, a sign shall be posted facing each right-of-way.

If the sign is destroyed or removed from the property, the owner of the subject property shall be responsible for replacing it.

[Amended 5-29-2007 by L.L. No. 5-2007]

Five days prior to the public hearing, the owner of the subject property shall execute and submit to the Department of Planning an affidavit of proof of the posting of the public notice sign(s) according to this section. If the owner of the subject property fails to submit the affidavit, the public hearing will be postponed until after the affidavit has been supplied.

[Amended 5-29-2007 by L.L. No. 5-2007[1]]

Editor's Note: This local law also repealed Subsection F(3)(g) and (h), which immediately followed this subsection.

No certificate of occupancy or certificate of completion shall be issued until all site work authorized or required by the Town Board is completed and approved by the Commissioner of Buildings and any conditions imposed by the Town Board are complied with. Once a certificate of occupancy or certificate of completion has been issued pursuant to a building permit to develop the property in accordance with the plans for which such approval by the Town Board has been granted, no further adjustments or modifications to the site shall be permitted with the exception of interior alterations that would not trigger a site plan pursuant to § 70-219A(1), unless either the modified site plan has been approved as a minor modification in accordance with § 70-219I or the modified site plan has been approved by the Town Board in accordance with this section.

[Amended 8-5-2021 by L.L. No. 16-2021]

In cases where site plan review by the Town Board is required by Subsection A of this section and there has been an approved site plan within the prior five years, the following items shall be submitted to the Commissioner of Buildings:

A signed and stamped copy of the original site plan which was previously heard and approved by the Town Board and a plan depicting the proposed changes to the original site plan.

All principal and accessory buildings proposed by the applicant and all adjoining property within a radius of 300 feet from the boundary lines of the site.

A perspective drawing of all proposed altered structures, including front and side elevations and the roof treatment.

Plans and specifications, including the name of the professional engineer, land surveyor, architect or land planner who has prepared the documents.

Fees for site plan review as set forth in § 70-219G.

New or revised full environmental assessment form and traffic analysis as required by the Commissioner of Planning and Economic Development.

[Amended 5-29-2007 by L.L. No. 5-2007]

(7)

New or revised zoning data analysis as required by the Commissioner of Buildings.

Minor modifications to an approved site plan not involving any additional structures which will not cause any material change to the overall layout, appearance or impact of a site and will not violate any specific condition imposed by the Town Board shall not require further Town Board approval if approved by both the Commissioner of Buildings and the Commissioner of Planning and Economic Development.

[Amended 5-29-2007 by L.L. No. 5-2007]

§ 70-219.1 Time limitations.

[Added 2-28-2019 by L.L. No. 5-2019]

Change of zone. Whenever a change of zone has been granted pursuant to § 70-238B, failure to obtain, as applicable, a variance, conditional/special use approval, site plan approval, special use permit, or building permit (whichever action occurs first) to develop the rezoned property in accordance with the petition and site plan made a part thereof within three years after the granting of the petition shall be deemed an abandonment of the project, and the rezoned property shall revert to the zoning classification which applied at the time of the change of zone, except that the Town Board may, on petition or on its own motion, by resolution after a public hearing, extend such rezoning for additional periods of one year on finding that the conditions and circumstances essential to the original enactment have not changed. No extension of a rezoning may be granted for greater than one year, and any extension of a rezoning granted for greater than one year shall be void and of no effect. In the case where a variance or conditional/special use approval has been granted by the Board of Zoning Appeals, or a special permit or site plan approval has been granted by the Town Board subsequent to a change of zone granted by the Town Board, the change of zone shall lapse and be of no further force and effect at any such time that the variance, conditional/special use approval, special permit, or site plan approval has lapsed or expired.

[Amended 8-5-2021 by L.L. No. 16-2021]

Variances and conditional/special use approvals by the Board of Zoning Appeals.

[Amended 8-5-2021 by L.L. No. 16-2021]

Any variance or conditional/special use granted by the Board of Zoning and Appeals shall lapse and be of no further force and effect after three years from the date of decision if the applicant has not obtained, as applicable, site plan approval, a special use permit or a building permit (whichever action occurs first) to develop the property that is the subject of the application for a variance in accordance with the plans for which such variance was granted, unless an extension of time has been granted by the Board pursuant to this section. In the case where a special permit or site plan approval has been granted by the Town Board subsequent to a variance or conditional/special use approval granted by the Board of Zoning and Appeals, the variance or conditional/special use approval shall lapse and be of no further force and effect at any such time that the special permit or site plan approval has lapsed or expired.

Upon request of the applicant, the Board may extend a variance for not more than one year per application, up to a maximum of three one-year extensions. The applicant seeking a variance extension shall submit a written request to the Board, together with any supporting documentation. Such request shall be filed prior to the expiration date of the variance or previous variance extension. Failure to file a timely request shall result in a lapse of variance.

Requests for a variance extension shall be considered by the Board without a public hearing. The applicant must demonstrate by substantial evidence that there have been diligent efforts to pursue the necessary permits for construction, that there has been no substantial change in facts as presented in the original variance application or the conditions of approval, and that specified circumstances or conditions necessitate the extension. In the absence of such evidence, requests for a variance extension shall be denied.