Bayville City Zoning Code
ARTICLE XXII
Site Development Plan Approval
§ 80-99 Approval and compliance required.
[Amended 5-20-2010 by L.L. No. 1-2010]
No building permit, certificate of completion, certificate of occupancy or certificate of use shall be issued by the Building Department, or any Village personnel authorized to issue same, with respect to any project as to which site development plan approval is required pursuant to the terms of this chapter, unless and until such approval has been granted by the Planning Board or the Board of Trustees, as applicable. Furthermore, no certificate of use, occupancy or completion shall be issued with respect to any premises unless and until all requirements and conditions imposed by the Planning Board or the Board of Trustees, as applicable, with respect to such approval, have been satisfied. Any and all such requirements and conditions shall be continually satisfied, as a continuing condition of the validity and enforceability of any certificate of use, occupancy or completion with respect to any property for which site development plan approval is required. Any amendments, modifications or revisions to plans that have been the subject of site development plan approval must be approved in the same manner and to the same extent as the original plans were subject to site development plan approval.
§ 80-100 Application procedure.
[Amended 4-28-2025 by L.L. No. 1-2025]
A.
Application for site development plan approval shall be made prior to making application for a building permit or, in the case of a use conversion without additional construction, prior to making application for a certificate of occupancy or use and shall be submitted to the Board of Trustees at a regular public meeting. Until such time as a complete application, including all of the information and documentation in proper form as required, has been received by the Board, the application shall not be considered as officially submitted.
B.
The application shall be accompanied by a detailed site development plan prepared by a legally qualified individual or firm, including, but not limited to, a registered architect or professional engineer, and shall contain at least the following information:
(1)
A location map showing the applicant's entire property and adjacent properties and streets at a convenient scale.
(2)
The proposed location, use and architectural design of all buildings and structures.
(3)
Any proposed division of buildings into units of separate occupancy.
(4)
Existing topography and proposed grade elevations.
(5)
The location of all existing and proposed parking and truck-loading areas, with access and egress drives thereto.
(6)
The location of outdoor storage, if any.
(7)
The location and design of all existing and proposed site improvements, including pavement, walks, curbing, drains, culverts, retaining walls and fences.
(8)
A description of the method of sewage disposal and the location of such facilities.
(9)
The location, size and design of all signs.
(10)
The location and proposed development of landscaping and buffer-screening areas.
(11)
The location, design and proposed hours of operation of lighting facilities.
(12)
The proposed location, size, design and use of all temporary structures and storage areas to be used during the course of construction.
(13)
A signature block for the Board of Trustees endorsement of approval.
(14)
Any other pertinent information required by the Board of Trustees which is reasonably related to the health, safety and general welfare of the community.
C.
Fees and deposits. The Village Board of Trustees shall, from time to time, by resolution, set the filing fee and deposits for all applications to the Planning Board and Board of Trustees and all other costs and disbursements for such matters, including stenographic and reproduction costs, and counsel fees and costs and disbursements incurred by counsel on such matters. The Board of Trustees may, from time to time, by resolution, require that all such filing fees, deposits and costs be paid upon application and prior to any public hearings to be held on such matters.
Assessment and lien for fees and costs. Any required fees and charges which remain unpaid shall be assessed against and immediately become a lien on the property which is the subject of the application which assessment shall be included in the next succeeding bill for the Village taxes for said property.
§ 80-101 Public hearing; action by Board.
A.
The Board of Trustees shall schedule and conduct a public hearing on each site development plan application within 62 days from the date of the meeting at which it was officially submitted. Public notice of such hearing shall be given by publication in the Village's official newspaper at least five days prior to the date thereof.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B.
Within 62 days of the date of the public hearing, the Board of Trustees shall act to approve, approve with modifications or disapprove the proposed site development plan. A copy of the Board's decision shall, in due course, be filed in the office of the Village Clerk and with the Building Inspector, and a copy thereof shall be mailed to the applicant.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C.
Within 60 days of the date of approval or approval with modifications, the applicant shall present to the Board of Trustees a corrected final site plan in reproducible form, including any modifications required by the Board of Trustees as a condition of its approval. Upon verification by the Village Engineer that the plan complies with the requirements of the Board's approval, the plan shall be endorsed by the Mayor, or Deputy Mayor in absence of the Mayor, and filed with the Building Inspector.
D.
Right to suspend consideration for violation.
(1)
Notwithstanding any other provision of this section, the Board of Trustees shall not be required to consider, schedule, hear or approve any site development plan application if it shall appear that the applicant has done or permitted to have been done any act on the subject site in violation of this chapter or any other chapter of the Code of the Village of Bayville pursuant to which the Board of Trustees has jurisdiction or may have lead agency status, provided that the appropriate enforcement officer or employee of the Village shall also determine that a violation has occurred and has commenced or is about to commence enforcement proceedings in or before the appropriate court and/or agency, until any one of the following events occur:
(a)
The apparent violation has been corrected or removed, as reported to the Board of Trustees by the appropriate enforcement officer or employee.
(b)
A final determination has been rendered by the appropriate court or agency dismissing the enforcement proceedings.
(c)
A final determination has been rendered by the appropriate court or agency finding the applicant guilty of violating the Code, the fine or penalty has been paid and the violation has been corrected, provided that the Board of Trustees may determine it impossible or impractical to correct the violation and, upon making that finding, may permit the site plan review process to proceed.
(2)
For the number of days the site plan review process has been suspended by the Board of Trustees in the manner herein provided, the time within which the Board must otherwise act with regard to a site development plan application shall be extended correspondingly.
§ 80-102 Standards for approval.
In preparing its decision concerning any site development plan application, the Board of Trustees shall consider the nature, arrangement and appearance of all buildings and uses on the lot, including their potential impact on adjacent properties, architectural features and land uses, so that they will have a harmonious relationship with the existing and planned development of contiguous lands and adjacent neighborhoods; so that they will have no material adverse effect upon the desirability of such neighborhoods for the uses contemplated by this chapter; so that they will be properly related to the proposals of the Village Development Plan; so that the required parking and loading spaces are provided; so that pedestrian and vehicular access, traffic circulation and general layout of the site are properly planned with regard to the safety of cars and pedestrians using the site, as well as those on neighboring properties and streets; so that they will be sited and located to take advantage of solar access insofar as feasible, including the orientation of proposed buildings with respect to sun angles and the shading and windscreen potential of existing and proposed vegetation both on and off the site, and to consider the impact on solar access to adjacent uses and properties; and so that the purposes and intent of this chapter will otherwise be met, to the end that the property values will be conserved, the most appropriate use of land will be encouraged and the health, safety and general welfare of the community will be furthered. In acting to approve, whether with or without modifications, a site development plan application, the Board of Trustees shall attach such conditions and safeguards as it deems necessary to assure that the purposes and intent of those regulations will be complied with.
§ 80-103 Initiation of proposal by Board.
The Board of Trustees may, on its own initiative, propose a general or specific site plan for a particular area where site development plan approval may be required in the future, using as a guide the requirements of this chapter.
§ 80-104 Required improvements.
A.
Completion of improvements or filing of bond. After adoption of a resolution approving a site development plan and before the plan is endorsed by the Mayor or other duly authorized member, the applicant shall be required to complete, at his expense and without reimbursement by the Village or any special district, all public improvements as shown on the approved construction plans or otherwise specified in the resolution or, as an alternative, file with the Village Board a bond in an amount fixed by the Board in its resolution as sufficient to secure to the Village the satisfactory construction, installation and completion of the required improvements. Such bond shall state the period within which the required improvements must be completed, which period shall be that specified in the Board of Trustees resolution. All improvements shall be done to the satisfaction of the Board and in accordance with the approved construction plans and the requirements of this chapter and any other Village construction standards and specifications.
B.
Failure to complete improvements.
(1)
Where a bond is not filed. If all required improvements are not completed within the period specified in the Board resolution of approval, such approval shall be deemed to have expired, unless, upon request of the applicant, the period has been extended by resolution of the Board.
(2)
Where a bond is filed. If all required improvements are not completed within the term specified by the Board and set forth in the filed bond and if no application for an extension of such period and bond bas been made by the applicant with the written consent of the surety company and approved by the Village Engineer, the Village Board may thereupon declare said bond to be in default and collect the sum remaining payable thereunder and, upon receipt of the proceeds thereof, the Village shall install such improvements as are covered by the bond and are commensurate with the extent of development that has taken place on the site, but not exceeding in cost the amount of such proceeds.
C.
Modification of bond.
(1)
Extension of period specified in bond. The period specified for the completion of all required improvements, as set forth in the bond, may be extended only by resolution of the Board upon request by the applicant, with the written consent of the surety company, setting forth in detail the amount of work which has been completed, reasons for failure to complete the remainder of the work within the specified period, the maximum estimated time required to complete the remainder of the work and the time-period extension which is requested.
(2)
Reduction of the bond. An applicant may request, in writing, that the Board authorize a reduction in the amount of the bond. Such request shall itemize the extent of required improvements already completed, the estimated cost of improvements remaining to be completed and the amount of bond reduction requested. It shall be accompanied by a cost estimate fee in the amount of $100, payable to the Village of Bayville. Then and after due notice and public hearing, the Board of Trustees may, if it determines that sufficient required improvements have been installed to warrant such action, reduce the face amount of the bond by an appropriate amount so that the new amount will cover the cost, in full, of all required improvements remaining to be completed, and any security deposited with the bond may be reduced proportionately.
D.
Modification of requirements. If at any time, either before or during the course of construction of the required improvements, it is determined by the Board of Trustees that unforeseen conditions make it necessary to modify the location or design of any improvements, the Board may modify the terms and conditions of the approval so as to require such changes as may be necessary to comply with the spirit and intent of the Board's original approval and to conform to accepted engineering practices. If such modification affects the scope of work covered by a bond, the Board may require or allow the appropriate modification of such bond.
§ 80-105 Inspection of improvements.
A.
The Building Inspector shall be responsible for inspecting required improvements during construction to ensure their satisfactory completion and, upon such completion, shall furnish the Board of Trustees with a statement to that effect. If the Building Inspector determines that any of the required improvements have not been constructed in accordance with the approved plan, the applicant shall be responsible for properly completing said improvements. Failure of the Building Inspector to carry out inspections of required improvements during construction shall not, in any way, relieve the applicant or the bonding company of their responsibilities related to the proper construction of such improvements.
B.
Inspection fee. To offset the costs incurred by the Village in conducting inspections, all applicants for approval of site plans involving the construction of streets, utilities, parking lots, retaining walls, landscaping and/or other improvements shall be required to submit an inspection fee, payable to the Village of Bayville, equal in amount to 3% of the estimated cost of improvements as determined by the Board of Trustees.
§ 80-106 Conformance required.
Except for single-family dwellings, public schools, municipal uses of the Village of Bayville and accessory uses permitted thereto, no building permit shall be issued and no building or use shall be established except in conformance with a site development plan approved by the Board of Trustees in accordance with Article XXII of this chapter.