Farmingdale City Zoning Code
ARTICLE XXXIII
Site Plan Approval
§ 600-252 Purpose. [1]
The intent and purpose of site plan approval is to ensure that any plot of land affected thereby shall be developed with proper regard for the public health, safety, welfare, comfort and convenience of the public in general and of the occupants and users of the subject land and buildings in particular and to preserve the property values and the charm, beauty and attractiveness of the residential and business areas of the Village, by providing procedures for architectural review of all structures where site plan approval is required. The Board of Trustees hereby finds that structures of poor quality of exterior design or excessive similarity or excessive dissimilarity in relation to their sites or surroundings, or mar the appearance of their areas, decrease the attractiveness of the Village or area, impair the use, enjoyment, stability and desirability and reduce the values of properties are detrimental to the characters of neighborhoods, prevent the most appropriate utilization of land and, therefore, adversely affect the functioning, economic stability, prosperity, health, safety and general welfare of the entire community and are aesthetically inappropriate and visually offensive. The Board of Trustees finds that in order to promote and secure the health, safety, comfort and general welfare of the community and in order to preserve the property values and the character and attractiveness of the residential and business areas it is necessary to prevent said designs which are aesthetically inappropriate and which do not relate or are not similar to the design and aesthetics of surrounding sites and structures as such buildings or structures are offensive to the visual sensibilities.
[1]
Editor's Note: Former § 105-186, Moratorium, adopted 4-11-1988 by L.L. No. 11-1988, as amended, was removed at the expiration of the moratorium period.
§ 600-253 When required.
Prior to the issuance of a building permit in any business or industrial or office-residence zoning district, or for a multifamily dwelling in any district or for subdivisions, for a new building or structure or for an exterior alteration on a commercial building or a significant addition exceeding 50% of the total elevation of the existing residential building or structure as determined by the Superintendent of Buildings or for any new or altered land use activities, the Superintendent of Buildings shall require site plan approval in accordance with the provisions of this article. Site plan approval shall include architectural review in accordance with this section. The Superintendent of Buildings shall notify any applicant for a building permit in each case where site plan approval is required.
§ 600-254 Architectural review.
Henceforth all operations subject to site plan approval in the Village shall be subject to architectural review by the Village Planning Board so that the following may be adhered to and realized:
A.
The use of good, accepted, and superior exterior building design;
B.
The implementation of aesthetically desirable and pleasing design which relates to and is similar to the design and aesthetics of surroundings sites and structures; and
C.
The prevention of designs which are aesthetically inappropriate and which do not relate or are not similar to the design and aesthetics of surroundings sites and structures or are otherwise offensive to the visual sensibilities.
§ 600-255 Application.
A.
Application contents.
(1)
An application for site plan approval shall be made, in writing, to the Superintendent of Buildings and shall be accompanied by required information and documentation. The Planning Board shall review all site plan applications. The site plan shall be prepared by a licensed engineer or licensed architect. In an appropriate case, the Planning Board may permit the site plan to be prepared by a landscape architect or surveyor. The applicant for site plan approval shall submit the following information and provide the number of copies specified by the Superintendent of Buildings:
(a)
An area map showing the applicant's entire holding, that portion of the applicant's property under consideration and all properties, subdivisions, streets, easements, deed restrictions and areas dedicated to public use within 200 feet of the applicant's property.
(b)
A map of site topography at two-foot contour intervals.
(c)
The title of the drawing, including the name and address of the applicant, the owner and the person responsible for preparation of such drawings.
(d)
A North arrow, scale and date.
(e)
Boundaries of the property plotted to scale.
(f)
Existing buildings and structures.
(g)
A grading and drainage plan showing existing and proposed contours, soil characteristics and watercourses.
(h)
The location, design, type of construction, proposed use and exterior dimensions of all buildings.
(i)
The location, design and type of construction of all parking spaces and loading areas, showing ingress and egress, curb cuts, the size of such spaces and areas, the width of circulation aisles and distances from property lines.
(j)
The location, design and type of construction of all pedestrian access.
(k)
Exterior lighting adequate to determine its character and to enable review of possible hazards and disturbances to the public and adjacent properties and other potential disturbances to the public and adjacent properties due to noise or odors to be emitted from the proposed use.
(l)
The location of outdoor storage, if any.
(m)
The location and design of all existing and proposed site improvements, including drains, culverts, walls, fences, hedges and screen plantings and all existing trees on the subject property which have a diameter of eight inches or greater, measured 18 inches above the ground.
(n)
A description of the method of public water supply and sewage disposal and the location of such facilities.
(o)
The location of fire and other emergency zones, including the location of fire hydrants.
(p)
The location and design of all utilities, including electrical, gas and solar energy, telephone and cable television.
(q)
The location, size, design and type of construction of all proposed signs.
(r)
The location and proposed development of all buffer areas, including existing vegetative cover.
(s)
The location and design of outdoor lighting facilities and means of illumination.
(t)
Identification of the location and amount of building area proposed for each intended use, including storage and common areas.
(u)
A general landscaping plan and planting schedule.
(v)
An estimated project construction schedule.
(w)
A record of application for approval status of all necessary permits from state and county agencies.
(x)
Identification of state, county or town permits required for the execution of the project.
(y)
Other elements integral to the proposed development as considered necessary by the Planning Board, including but not limited to traffic studies, elevations and scale models.
(z)
Part 1 of an environmental assessment form (EAF) in accordance with the State Environmental Quality Review Act and Regulations (SEQR).[1]
[1]
Editor's Note: See Environmental Conservation Law § 8-0101 et seq.
(aa)
Photographs (no photocopies) of the site and adjacent areas and structures sufficient to provide adequate representation thereof.
(bb)
Samples of exterior building materials and finishes and color palette for painted surfaces.
(cc)
Detailed drawings of decorative elements.
(dd)
Location, size and design of exterior signage.
(ee)
Sectional drawings to explain the character of the design.
(ff)
Complete and accurate exterior elevations of all facades, drawn at a scale adequate to show clearly the appearance of all proposed buildings and structures.
(gg)
A scale model detailed to the degree, if deemed necessary by the Board.
(2)
Stormwater pollution prevention plan. A stormwater pollution prevention plan consistent with the requirements of Article I of Chapter 480, Stormwater Management and Erosion and Sediment Control, and Article XXXII of this chapter shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Article XXXII of this chapter. The approved site plan shall be consistent with the provisions of this chapter.
[Added 12-3-2007 by L.L. No. 14-2007]
(3)
The Planning Board may waive any of the required submissions in this subsection if it determines that one or more is not necessary for a particular proposal.
B.
The Superintendent of Buildings shall determine whether the proposed development meets the requirements of all Zoning Law provisions other than those regarding site plan approval. If the Superintendent of Buildings determines that any variances or special use permits are required, the application shall be rejected pending application to and approval of the Village Zoning Board of Appeals. If the Superintendent of Buildings finds the application to be in order, he shall submit it to the Board of Trustees at a Board meeting, which will then forward it to the Planning Board for review.
§ 600-256 Factors for consideration during review.
The Planning Board review of a site plan shall include but is not limited to the following considerations:
A.
The adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, channelization structures and traffic controls.
B.
The adequacy and arrangement of pedestrian traffic access and circulation, including separation of pedestrian convenience.
C.
The location, arrangement, appearance and sufficiency of off-street parking spaces and loading areas.
D.
The location, arrangement, size, design and general compatibility of buildings, uses, lighting and signs with other buildings and uses on and in the neighborhood of the site.
E.
The adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or noise-deterring buffer between the proposed use and adjoining uses or properties.
F.
In the case of a multifamily dwelling, the adequacy of usable open space for playgrounds and informal recreation.
G.
The adequacy of stormwater and sanitary waste-disposal facilities.
H.
The preservation of existing natural and landscaping features.
I.
The protection of adjacent properties against noise, glare, unsightliness or other objectionable features.
J.
The adequacy of water supply facilities.
K.
The overall impact on the neighborhood, including compatibility of design considerations.
L.
Conformance with the Village Master Plan.
M.
The adequacy of the overall plan in minimizing harmful effects upon the environment.
N.
The quality of exterior design.
O.
The excessive similarity or excessive dissimilarity of the design in relation to sites or surroundings.
P.
The extent to which the design:
(1)
Mars the appearance of sites and surroundings;
(2)
Decreases the attractiveness of the Village or area;
(3)
Impairs the use, enjoyment, stability and desirability of the neighborhood;
(4)
Will reduce the values of properties within the Village or area;
(5)
Is detrimental to the character of the neighborhood;
(6)
Prevents the most appropriate utilization of land;
(7)
Adversely affects the functioning, economic stability, prosperity, health, safety and general welfare of the entire community; or
(8)
Is aesthetically inappropriate and visually offensive to the visual sensibilities.
§ 600-257 Planning Board action.
A.
Within 62 days of the date of receipt of a completed application by the Planning Board, the Planning Board shall recommend approval, approval with modifications or disapproval of the site plan, except that, where a public hearing is deemed necessary, pursuant to § 600-259, the decision and recommendation on the site plan shall be made within 62 days after the public hearing. The time period in which the Planning Board must render its decision and recommendation can be extended by mutual consent of the applicant and the Planning Board.[1]
B.
The decision and recommendation of the Planning Board shall be forwarded to the Village Board of Trustees.
C.
In the event that the Planning Board determines that a site plan involves a need for a variance or special use permit, the application shall be deferred by the Planning Board so that the applicant may make application to the Board of Zoning Appeals. Where the Planning Board has deferred site plan approval on these grounds, the Planning Board shall convey any information or documents which it deems appropriate to the Board of Zoning Appeals, with respect to the variance or special use permit requested, and the Planning Board may convey any opinions or recommendations which it may have with respect to the application. If the Board of Zoning Appeals grants the variances, the applicant may resume the process to obtain site plan approval.
D.
Failure of the Planning Board to act on the site plan within the sixty-day period shall constitute an approval recommendation of the site plan by the Village Planning Board to the Village Board of Trustees.
§ 600-258 Board of Trustees action.
The Village Board of Trustees shall review all site plan actions and recommendations by the Planning Board and shall independently approve, approve with modifications or disapprove the site plan.
§ 600-259 Public hearing.
The Planning Board or Village Board of Trustees may conduct a public hearing on the site plan if a majority of the members deem that such a hearing is in the public interest. The applicant shall provide evidence at the hearing that all landowners within a two-hundred-foot radius of the proposed project were notified by mail not less than 10 days before the public hearing, and shall conspicuously post at least one poster, said poster must not be less than three feet by four feet in size, along each street frontage of the property which is the subject of the application at least 10 days prior to the date set for the public hearing.
B.
Said poster must remain in place until the public hearing has been completed and must be removed no later than seven days thereafter. The applicant, or applicant's agent, shall verify that said poster is still in place on a daily basis and shall promptly replace said poster should it be removed or defaced.
C.
The Planning Board shall adopt regulations governing the format of said poster and the manner and place in which it is posted. Said Board may require the applicant to use a poster supplied by it, in which event the Planning Board may set a fee to cover the cost of said poster.
§ 600-260 Fees and expenses.
In addition to the other fees required by the Superintendent of Buildings, the applicant shall be required to pay the cost associated with outside engineering, architectural, legal and other consulting professionals retained by or on behalf of the Village of Farmingdale which are deemed necessary by the Superintendent of Buildings to assist with the site plan or architectural board review process. No building permit shall be issued pursuant to the provisions of this article until all expenses incurred by the Planning Board for outside engineering, architectural, legal and other consulting professionals or other extraordinary expenses in connection with the review of a site plan are reimbursed to the Village by the applicant. At the time of application, the applicant shall deposit with the Village Clerk-Treasurer such amount to cover consultation fees and extraordinary expenses as shall be established from time to time by resolution of the Board of Trustees.
§ 600-261 Coordination of review of related projects.
A.
During the site plan review process, the Planning Board may consult with Village officials as well as other local and county officials, representatives of federal and state agencies and professional consultants.
B.
Integration of procedures. Whenever the circumstances of proposed development require compliance with this article and with any other local law, ordinance or requirement of the Village, the Planning Board shall attempt to integrate, as appropriate, site plan review as required by this article with the procedural and submission requirements for such other compliance.
C.
State Environmental Quality Review Act (SEQR).[1] The SEQR shall apply as appropriate for applications and improvements authorized by this article. In the event of a positive declaration, an environmental impact statement shall be required. No final action shall be taken by the Planning Board or Village Board of Trustees until the provisions of the SEQR are satisfied.
[1]
Editor's Note: See Environmental Conservation Law § 8-0101 et. seq.
D.
Referral of site plan to Nassau County Planning Commission. Where required by the General Municipal Law, the site plan application shall be forwarded to the Nassau County Planning Commission for its review. No final action shall be taken by the Planning Board or the Village Board of Trustees until the Nassau County Planning Commission has issued its report.
§ 600-262 Waiver of requirements; additional regulations.
A.
Waivers. Where the Planning Board finds that extraordinary and unnecessary hardships may result from strict compliance with this article, it may vary or waive the provisions hereof so that substantial justice may be done and the public interest secured. Such waiver shall not have the effect of nullifying the intent and purpose of the requirements of this article. At the time of such waiver, the Planning Board shall make findings, to be recorded in the official minutes, outlining the reasons for such a waiver.
B.
Further regulations. The Planning Board may adopt such rules and regulations as it deems necessary to carry out the provisions of this article. Any such rules and regulations or amendments thereto shall become effective upon ratification by the Village Board of Trustees.
§ 600-263 Performance bond.
In connection with its site plan review, the Village Board may require a performance bond in an amount it shall determine to insure that all the improvements shown on the site plan are completed and to insure that in the event that the project is abandoned, the site is restored to its condition prior to the commencement of the project. The project shall be deemed abandoned if no substantial work is performed on the site for a period of one year and the site plan approval has expired.
§ 600-264 Expiration and extension of site plan approval.
[Amended 3-4-2013 by L.L. No. 4-2013]
Site plan approval shall automatically terminate and be null and void and of no further force and effect one year after the approval is granted unless, within such one-year period a building permit has been issued and there is physical evidence to demonstrate that substantial construction has commenced and continuing; provided, however, that clearing grading and/or excavation shall not be deemed to be substantial construction within the meaning of this section; provided further, however, that the Board of Trustees, at its sole discretion, may upon written application extend the site plan approval for additional one-year periods where it appears that extenuating circumstances warrant said extension and provided that the applicant pays an extension fee in an amount set by the Board of Trustees. Applications for extensions shall be in writing directed to the Board of Trustees and shall be accompanied by a filing fee in an amount which shall be set, from time to time, by resolution of the Board of Trustees.