[Added 10-5-2009 by L.L. No. 13-2009]
A.
There
shall be a Planning Board of five members pursuant to the provisions
of § 7-712 of the Village Law.
B.
Up to
two alternate members of the Planning Board shall be appointed by
the Mayor, such appointments to be subject to the consent of the Board
of Trustees, for a term of one year.
C.
The Chairperson
of the Planning Board may designate an alternate to substitute for
a member when such member is unable to participate on an application
or a matter before the Board. When so designated, the alternate member
shall possess all the powers and responsibility of such member of
the Board. Such designation shall be entered into the minutes of the
initial Planning Board meeting at which the substitution is made.
D.
All provisions
of state law relating to the Planning Board member eligibility, vacancy
in office, removal, compatibility of office and service on other boards,
as well as any other provisions of the local law/local ordinance relating
to training, continuing education, compensation and attendance, shall
also apply to alternate members.
[Amended 4-7-1982 by L.L. No. 1-1982; 11-5-1986 by L.L. No. 8-1986; 3-23-1998 by L.L. No. 2-1998; 11-8-1999 by L.L. No. 7-1999; 9-22-2003 by L.L. No. 11-2003; 10-5-2009 by L.L. No.
14-2009]
A.
On application and after public notice and hearing,
the Planning Board may authorize the issuance, by the Building Inspector,
of permits for any of the conditional uses for which this chapter
requires a permit or approval by the Planning Board in the district
in which such use is proposed to be located. In approving any such
use, the Planning Board shall take into consideration the public health,
safety and welfare, the comfort and convenience of the public in general
and of the residents of the immediate neighborhood in particular and
may prescribe appropriate conditions and safeguards as may be required
in order that the result of its action may, to the maximum extent
possible, further the expressed intent of this chapter and the accomplishment
of the following objectives, in particular:
(1)
That all proposed structures, equipment or material
shall be readily accessible for fire and police protection.
(2)
That the proposed use shall be of such location,
size and character that, in general, it will be in harmony with the
appropriate and orderly development of the district in which it is
proposed to be situated and will not be detrimental to the orderly
development of adjacent properties in accordance with the zoning classification
of such properties.
(3)
That, in the case of museums and libraries,
the building coverage and the proximity of such museums and libraries
to any property or street line will be of such a character as will
be in harmony with the appropriate and orderly development of the
district in which they are proposed to be situated and will not be
detrimental to the orderly development of adjacent properties in accordance
with the zoning classifications of such properties.
(4)
That, in addition to the above, in the case
of any use located in or directly adjacent to a residential district:
(a)
The location and size of such use, the nature
and intensity of operations involved in or conducted in connection
therewith, its site layout and its relation to access streets shall
be such that both pedestrian and vehicular traffic to and from the
use and the assembly of persons in connection therewith, will not
be hazardous or inconvenient to or incongruous with said residential
district or conflict with the normal traffic of the neighborhood;
and
(b)
The location and height of buildings, the location,
nature and height of walls and fences and the nature and extent of
landscaping on the site shall be such that the use will not hinder
or discourage the appropriate development and use of adjacent land
and buildings.
(5)
Posters required; fee.
(a)
Posters, not more than 200 feet apart along
the street line of the property which is the subject of the application,
not less than 24 inches by 36 inches in size, must be conspicuously
posted along the entire length of each street frontage of the property
which is the subject of the appeal at least 10 days prior to the date
set for the public hearing before the Planning Board. Such poster
shall contain the following information:
[Amended 12-21-2009 by L.L. No. 18-2009]
(b)
The applicant shall be required to file an affidavit
of posting with the Secretary or Clerk of the body before whom the
public hearing shall be held not later than the date specified for
the public hearing.
(c)
The applicant shall pay a fee as set forth in
the Table of Fees[1] for each poster required to be displayed pursuant to this
section in connection with any application.
[Amended 12-21-2009 by L.L. No. 18-2009; 11-15-2010 by L.L. No.
10-2010]
[1]
Editor's Note: The Table of Fees is included as an attachment to this chapter.
B.
Each application for a conditional use shall be accompanied
by a proposed plan showing the Tax Map section, block and lot; tax
item number; current zoning; the size and location of the lot; the
location of all buildings and proposed facilities, including access
drives, parking areas and all streets within 200 feet of the lot;
together with a fee.[2]
[2]
Editor's Note: Said fee is located in the Table of Fees included as an attachment to this chapter.
C.
Should any conditional use approval involve any of the areas specified in Article XIII, then the matter shall be referred, prior to final action by the Planning Board, to the Suffolk County Planning Commission in accordance with § 239-m of Article 12-B of the General Municipal Law.
D.
Any use for which a conditional use permit may be
granted shall be deemed to be a conforming use in the district in
which such use is located, provided that such permit shall be deemed
to affect only the lot or portion thereof for which such permit shall
have been granted.
E.
The Planning Board may require that conditional use
permits be periodically renewed. Such permits shall terminate at the
end of the stated period and may be renewed following submission for
renewal to the Planning Board as provided in this section. Applications
for renewal shall be submitted at least 45 days prior to the expiration
of a permit. The Planning Board shall not unreasonably withhold renewal.
F.
The Planning Board shall act to approve or disapprove
a conditional use application within 62 days after the close of the
public hearing thereon.
In all cases where this chapter requires approval
of site development plans by the Planning Board, no building permit
shall be issued by the Building Inspector except upon authorization
of and in conformity with the plans approved by the Planning Board.
A.
Objectives. In considering and acting upon site development
plans, the Planning Board shall take into consideration the public
health, safety and welfare, the comfort and convenience of the public
in general and of the residents of the immediate neighborhood in particular
and may prescribe appropriate conditions and safeguards, including
the preservation of existing trees and/or replacement of cut, removed
or destroyed trees, and/or regrading, as may be required in order
that the result of its action may, to the maximum extent possible,
further the expressed intent of this chapter and the accomplishment
of the following objectives in particular:
[Amended 6-11-1975 by L.L. No. 9-1975]
(1)
Traffic access: that all proposed traffic access and
ways are adequate but not excessive in number; adequate in width,
grade, alignment and visibility; not located too near street corners
or other places of public assembly; and other similar safety considerations.
(2)
Circulation and parking: that adequate off-street
parking and loading spaces are provided to prevent parking in public
streets of vehicles of any persons connected with or visiting the
use and that the interior circulation system is adequate to provide
safe accessibility to all required off-street parking lots.
(3)
Landscaping and screening: that all playground, parking
and service areas are reasonably screened at all seasons of the year
from the view of adjacent residential lots and streets and that the
general landscaping of the site is in character with that generally
prevailing in the neighborhood.
(4)
Trees, grading and land clearing: that the indiscriminate
and excessive cutting of trees and the improper, indiscriminate or
excessive clearing or grading of land to be prevented in order to
prevent the creation of barren and unsightly conditions, increased
surface drainage problems, increased municipal costs to control drainage
and the destruction of barriers to soil erosion. Preservation of existing
trees over nine inches in diameter measured three feet above the base
of the trunk is an important part of this objective.
(5)
Museums and libraries: that, in the case of museums
and libraries, the building coverage and the proximity of such museums
and libraries to any property or street line are such that streets
at corners are not blinded from view and that adjacent properties
are not interfered with and are consistent with similar safety and
zoning considerations.
(6)
Parks and playgrounds: that, in the case of residential
use (in whole or in part), adequate parks and playgrounds be provided
for the Village.
[Added 10-1-2001 by L.L. No. 19-2001]
B.
Effect of site development plan approval.
(1)
No building permit shall be issued for any structure
covered by this section until an approved site development plan or
approved amendment of any such plan has been secured by the applicant
from the Planning Board and presented to the Building Inspector.
(2)
No certificate of occupancy will be issued for any
structure or use of land covered by this section unless the structure
is completed or the land is developed or used in accordance with an
approved site development plan or approved amendment of any such plan.
(3)
Should any site plan approval involve any of the areas specified in Article XIII, § 250-53B(5), then the matter shall be referred, prior to final action by the Planning Board, to the Suffolk County Planning Commission in accordance with § 239-m of Article 12-B of the General Municipal Law.
C.
Procedure.
(1)
Presubmission conference and work session.
[Amended 9-5-1973; 8-3-2009 by L.L. No. 3-2009; 1-25-2010 by L.L. No. 2-2010; 9-9-2013 by L.L. No. 5-2014]
(a)
Prior to the submission of a site development plan, the applicant or a representative of the applicant shall meet in person with the Planning Board or its representative. The purpose of such meeting shall be to discuss the application to determine, among other things, which of the site development plan elements listed in Subsection D(1) shall be submitted to the Planning Board in order for the Planning Board to determine conformity with the provisions and intent of this chapter. No presubmission conference shall be scheduled until and unless a presubmission application form is completed in its entirety and submitted to the Planning Board, together with any fee required in the Table of Fees.[1]
[1]
Editor's Note: The Table of Fees is included as an attachment to this chapter.
(b)
In addition to the above, in all cases of commercial subdivisions
and where otherwise required by the Director of Planning and Engineering
of the Village, a work session will be scheduled at which the applicant
and/or the applicant's representative will be present to discuss said
application with representatives of Village Boards, departments, committees
and all other municipal agencies, etc., having jurisdiction over said
application (with the exception of the Zoning Board of Appeals). The
purpose of any such work session will be to discuss and review the
specifics of the application and to scope out a plan for a coordinated,
comprehensive review of its impact on the Village and its residents.
In determining whether such a work session shall be convened, the
Director of Planning and Engineering shall take into account the nature
of the proposed project, its cost, environmental impact, required
variances and similar concerns.
(2)
The Planning Board shall act to approve or disapprove
any such site development plan within 62 days after the close of any
required public hearing or, if no public hearing is required, within
62 days after its receipt of a complete application for site plan
approval, including, but not limited to, compliance with all requirements
of the State Environmental Quality Review Act. Planning Board disapproval
shall include written findings upon any site development plan element
found contrary to the provisions or intent of this chapter.
[Amended 11-8-1999 by L.L. No. 7-1999]
(3)
Amendments to a site development plan shall be acted
upon in the same manner as to the approval of the original plan.
(4)
Fees shall be calculated according to the Building Permit Fee Schedule in § 250-44E(1) and (2) applied only to the total square footage of the largest story (level) within the proposed construction.
[Amended 3-7-1984 by L.L. No. 2-1984; 11-5-1986 by L.L. No. 8-1986; 4-8-1987 by L.L. No. 2-1987]
(5)
The Planning Board shall require, prior to site plan
approval, a bond to cover all screening shown on said site plan. Said
bond shall run for a period of three years.
(6)
The Planning Board shall require a bond for on-site
and off-site improvements and an inspection fee.[2] The fee will be payable prior to issuance of a building
permit, or where no permit is required, the fee will be payable before
issuance of a certificate of occupancy.
[Added 8-4-1971; amended 9-22-1976 by L.L. No. 8-1976; 3-8-1979 by L.L. No. 3-1979; 3-7-1984 by L.L. No. 2-1984]
[2]
Editor's Note: Said fee is located in the Table of Fees included as an attachment to this chapter.
(7)
For a period of six consecutive months from the effective date of this Subsection C(7), no application will be accepted, considered or processed by the Planning Board for any property located in the M-W, I-2 or P-O Zone. The purpose of this six-month moratorium is to allow the Board of Trustees to consider proposed amendments to this chapter setting forth parking requirements for property within these zones.
[Added 4-27-1998 by L.L. No. 4-1998; amended 9-14-1998 by L.L. No. 11-1998]
(8)
Stormwater pollution prevention plan. A stormwater pollution prevention plan consistent with the requirements of Chapter 213, Article I, of the Village Code shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Chapter 213, Article I, of the Village Code. The approved site plan shall be consistent with the provisions of Chapter 213, Article I, of the Village Code.
[Added 6-25-2007 by L.L. No. 2-2007]
D.
Site development plan elements. The applicant shall
cause a site development plan map to be prepared by a civil engineer
or another qualified person. Site development plan elements shall
include those listed below which are appropriate to the proposed development
or use as indicated by the Planning Board or its representatives in
the presubmission conference and shall be stamped and sealed by a
licensed engineer or surveyor.
(1)
Legal data.
(a)
The Tax Map section, block and lot number of
the property taken from the latest tax records.
(b)
The name and address of the owner of record.
(c)
The name and address of the person, firm or
organization preparing the map.
(d)
The date, North point and written and graphic
scale.
(e)
A sufficient description or information to define
precisely the boundaries of the property. All distances shall be in
feet and hundredths of a foot. All angles shall be given to the nearest
10 seconds or closer. The error of closure shall not exceed one in
10,000.
(f)
Locations, names and existing widths of adjacent
street rights-of-way and curblines.
(g)
The location and owners of all adjoining lands
as shown on the latest tax records.
(h)
The location, width and purpose of all existing
and proposed easements, setbacks, reservations and areas dedicated
to public use within or adjoining the property.
(i)
A complete outline of existing deed restrictions
or covenants applying to the property.
(j)
The existing zoning of the site and all adjacent
sites.
(k)
The Planning Board may require current field
references of existing topographical information with existing contour
lines at intervals of five feet or less, as required by the Planning
Board.
(2)
Natural features.
(a)
Existing contours with intervals of two feet
or less, referred to a datum satisfactory to the Board. The contour
interval may be altered by agreement and permission of the Planning
Board.
(b)
The location and width of any existing watercourses,
marshes, wooded areas and individual trees.
(c)
Approximate boundaries of any areas subject
to flooding or storm overflows.
(d)
The location of existing watercourses, marshes,
wooded areas, rock outcrops, single trees with a diameter of 12 inches
or more measured three feet above the base of the trunk and other
significant existing features.
(3)
Existing structures and utilities.
(a)
The location of uses and outlines of structures
drawn to scale on and within 100 feet of the lot line.
(b)
Paved areas, sidewalks and vehicular access
between the site and public streets.
(c)
Locations, dimensions, grades and flow direction
of existing sewers, culverts and water lines, as well as other underground
and aboveground utilities within and adjacent to the property.
(d)
Other existing development, including fences,
landscaping and screening.
(e)
The location and design of external lights and
lighted areas.
(4)
Proposed development.
(a)
The location of proposed buildings or structural
improvements, architectural features and landscaping.
(b)
The location and design of all uses not requiring
structures, such as off-street parking and loading areas.
(c)
The location and plans for any outdoor signs.
(d)
The location, direction, power and time of use
for any proposed outdoor lighting and public-address system.
(e)
The location and arrangement of proposed means
of access, including sidewalks, driveways or other paved areas, and
profiles indicating grading and cross sections showing width of sidewalks
and the location and size of utility lines.
(f)
Any proposed cutting or removal of trees, grading,
land clearing, screening and other landscaping, all set forth in detail
sufficient enough for the Planning Board to ascertain, upon visual
inspection of the site, either during or after completion of the work,
whether such proposals have been adhered to.
[Amended 6-11-1975 by L.L. No. 9-1975]
(g)
The location of all proposed water lines, valves
and all sewer lines or alternate means of water supply and sewage
disposal and treatment.
(h)
An outline of any proposed deed restrictions
or covenants.
(i)
Any contemplated public improvements on or adjoining
the property.
(j)
If the site development plan only indicates
a first stage, a supplementary plan shall indicate ultimate development.
(k)
If 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, including 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, the location and description of a park or parks
suitably located for playground or other recreational purposes within
the site plan. If the Planning Board makes a finding 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 requirements cannot
be properly located on such site plan, the Planning Board may require
a sum of money in lieu thereof to be established by the Village Board
of Trustees.
[Added 10-1-2001 by L.L. No. 19-2001]
[1]
In making such determination of suitability, the Board shall
assess the size and suitability of lands shown on the site plan which
could be possible locations for park or recreational facilities, as
well as practical factors, including whether there is a need for additional
facilities in the immediate neighborhood. Rooftop decks, patios, and
other common areas not accessible to the general public shall not
be considered park or recreational facilities for the purposes of
this section.
[Amended 9-3-2019 by L.L.
No. 13-2019]
[2]
Any moneys required by the Board of Trustees
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 the acquisition of property.
[3]
Notwithstanding the foregoing, 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.
[4]
In the event of resubdivision of such plat,
nothing shall preclude the additional reservation of parkland or money
donated in lieu thereof.
(5)
Any other information deemed by the Planning Board
necessary to determine conformity of the site plan with the intent
and regulations of this chapter.
(6)
Whenever, pursuant to the provisions of this chapter,
the Planning Board authorizes or approves or disapproves any use,
permit, site development plan, certificate or other thing, authorization
and approval or disapproval in all cases shall be subject to reversal,
disapproval or modification and approval by the Village Board of Trustees.
The Board of Trustees, in any case, on its own motion and within 30
days of the action of the Planning Board, may reverse, disapprove
or modify and approve the authorization and approval of the Planning
Board, and on reversing, disapproving or modifying and approving the
action of the Planning Board, the Board of Trustees may return the
matter to the Planning Board for further consideration or the Board
of Trustees may make such order, determination or issue such approval
or authorization as in its judgment should be made in the circumstances.
E.
Expiration of approval of site development plan. Subject to the provisions of Subsection F below, unless construction is commenced and diligently pursued within 24 months of the date of approval of a site plan, such approval shall become null and void. Resubmission of a site plan, with or without modification, will necessitate fees and processing as a new application. The fact of previous approval does not assure approval of the resubmitted site plan. A resubmitted site plan must be considered in light of conditions and factors as they exist at the time of resubmission.
[Amended 7-8-1996 by L.L. No. 10-1996; 9-8-2014 by L.L. No.
22-2014]
F.
Extension of approval of site development plan. The
Planning Board may, upon written application and payment of required
fees,[3] made before the expiration of the 24 months referenced in Subsection E above, extend the time for such commencement and diligent pursuit for an additional period not to exceed 12 months. No more than one such extension shall be given. In considering an application for an extension, the Planning Board shall consider all relevant factors, including any change of circumstances that may have occurred since the site development plan was first approved.
[Added 7-8-1996 by L.L. No. 10-1996; amended 9-8-2014 by L.L. No. 22-2014]
[3]
Editor's Note: The fee for an extension of site development plan is located in the Table of Fees included as an attachment to this chapter.
G.
It is the intention of the Board of Trustees to protect
the health, safety and welfare of those residing in neighboring properties
and the community-at-large from the impacts of land development and
to facilitate the expeditious processing of applications by providing
the Planning Board with a mechanism by which it can seek the assistance
of outside professionals and/or commission independent studies at
the applicant's expense to assist in evaluating any matter over which
the Board has jurisdiction.[4]
[Added 8-25-2008 by L.L. No. 6-2008]
(1)
As a condition of processing any matter over which
it has jurisdiction, the Planning Board may at any time require the
applicant to pay for the reasonable costs of such independent studies
and/or outside consultants as may be reasonably related to the matter
under review. All such costs shall be paid by cash or certified check
and are in addition to any required fee. Within 30 days of the date
on the written request for payment, the applicant shall submit to
the Building Department for deposit into a non-interest-bearing trust
and agency account maintained by the Village an amount determined
by the Planning Board or its designee to be utilized by the Village
to pay for services during the review process. Upon request, the applicant
shall be provided copies of invoices submitted to the Village for
the work of outside consultants and studies. In the event the sum
initially deposited by the applicant is not sufficient and additional
funds are necessary, the applicant shall pay such additional sums
within 20 days of the date on the written request for payment. After
all reasonable charges have been paid to the vendor(s) by the Village,
any balance remaining on deposit in the account shall be returned
to the applicant. In the event an application is withdrawn at any
stage by the applicant, any unused portion of the sums on the deposit
shall be returned to the applicant.
(2)
In its discretion, the Planning Board may adopt or
reject, in whole or in part, the findings and determinations of any
consultant or study commissioned by the Board or the applicant.
[4]
Editor's Note: Former Subsection G, regarding
alternatives to on-site parking, added 5-7-2001 by L.L. No. 9-2001,
as amended, was repealed 7-24-2006 by L.L. No. 5-2006.
