Garden City City Zoning Code
ARTICLE XIIA
Site Plan Approval
§ 200-82.1 Purpose.
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.
§ 200-82.2 Applicability; exceptions.
A.
Prior to the issuance of a building permit in any zoning district for a new building or structure or an addition to a building or structure or any new or altered land use activities, the Building Official shall require site plan approval in accordance with the provisions of this Article. Exceptions to these requirements are:
[Amended 2-7-1991 by L.L. No. 1-1991]
B.
The Building Official shall notify an applicant for a building permit in each case where site plan approval is required.
§ 200-82.3 Sketch plan submission.
A.
A sketch plan conference shall be held between the Planning Commission and the applicant prior to the preparation and submission of a formal site plan. The intent of such a conference is to enable the applicant to inform the Planning Commission of his proposal prior to the preparation of a detailed site plan and to provide the Planning Commission with an opportunity to review the basic site design concept, to advise the applicant as to potential problems and concerns and to generally determine the information to be required on the site plan.
B.
In order to accomplish these objectives, the applicant shall provide eight copies of the following to the Planning Commission:
(1)
A statement and sketch drawn approximately to scale showing the locations and dimensions of the principal and accessory structures, parking areas (including ingress and egress and curb cuts), signs, existing and proposed vegetation and other existing features; anticipated changes to existing topography and natural features; proposed water supply and sewage and waste disposal facilities; and provisions for storm drainage, recreation and open space.
(2)
An area map showing the parcel under consideration for site plan review and all properties, subdivisions, streets, rights-of-way and other pertinent features within 300 feet of the boundaries of the parcel.
(3)
A topographic or contour map of adequate scale and detail to show site topography.
(4)
An economic analysis of the project indicating, as applicable, such information as cost of construction and development, proposed rental or sales prices, market area, cost and manner of providing public utilities, etc.
C.
Notwithstanding Subsections A and B above, the Planning Commission may waive requirements of the sketch plan submission, upon the request of the applicant, where, due to character, size, location or special circumstances, any particular information or the sketch plan conference is not required in order for the Planning Commission to properly perform site plan review.
[Amended 2-7-1991 by L.L. No. 1-1991]
§ 200-82.4 Application for site plan approval.
A.
Application contents. An application for site plan approval shall be made in writing to the Building Official and shall be accompanied by supporting information and documentation. If a sketch plan conference was held, the supporting information shall include the elements identified by the Planning Commission at said sketch plan conference. The site plan shall be prepared by a licensed engineer or licensed architect. In an appropriate case, the Planning Commission may require that specific components of the site plan be prepared by a licensed landscape architect or licensed surveyor. The application shall include the following information:
[Amended 7-21-2011 by L.L. No. 2-2011]
(1)
An area map showing the applicant's entire holding, that portion of the applicant's property under consideration, including any easements or deed restrictions, and all properties, subdivisions, streets and areas dedicated to public use within 300 feet of the applicant's property.
(2)
A map of site topography at two-foot contour intervals.
(3)
The title of the drawing, including the name and address of the applicant, the owner and the person responsible for preparation of such drawings.
(4)
North arrow, scale and date.
(5)
Boundaries to the property plotted to scale.
(6)
Existing buildings and structures.
(7)
Grading and drainage plan, showing existing and proposed contours, rock outcrops, depth to bedrock, soil characteristics and watercourses, including top elevations of all site structures.
(8)
Location, design, type of construction, proposed use and exterior dimensions of all buildings and accessory structures.
(9)
Location, design and type of construction of all parking spaces and loading areas, showing ingress and egress, curb cuts, size of such spaces and areas, width of circulation aisles and distances from property lines and all other requirements of Article X of this chapter.
(10)
Location, design and type of construction of all pedestrian access.
(11)
Location of outdoor storage, including but not limited to materials, refuse and similar items.
[Amended 2-7-1991 by L.L. No. 1-1991]
(12)
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 at least one trunk with a diameter of eight inches or greater, measured 4 1/2 feet above the ground.
(13)
A description of the method of public water supply, stormwater and sewage disposal and the location of such facilities and estimated volumes.
[Amended 2-7-1991 by L.L. No. 1-1991]
(14)
Location of fire and other emergency zones, including the location of fire hydrants.
(15)
Location and design of all utilities, including electrical, gas and solar energy, telephone and cable television.
(16)
Location, size, design and type of construction of all proposed signs.
(17)
Location and proposed development of all buffer areas, including existing vegetative cover.
(18)
Location and design of outdoor lighting facilities and means of illumination showing lighting levels achieved over the entire site.
(19)
Identification of the location and amount of building area proposed for each intended use, including storage and common areas.
(20)
General landscaping plan and planting schedule.
(21)
An estimated project construction schedule and the total estimated project cost as defined in § 200-82.9.
(22)
Identification of federal, state, county or town permits required for the execution of the project and the status thereof.
(23)
Other elements integral to the proposed development as considered necessary by the Planning Commission, including but not limited to traffic studies, elevations and scale models.
(24)
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 the Environmental Conservation Law, § 8-0101 et seq.
B.
The Building Official shall determine whether the proposed development meets the requirements of all Zoning Law provisions other than those regarding site plan approval. If the Building Official determines that any variances or special permits are required, the application shall be rejected pending application to and approval of the Village Board of Appeals. If the Building Official finds the application to be in order, he shall submit it to the Planning Commission. The Planning Commission shall determine whether the application is complete. If the application is not complete, the Planning Commission shall notify the applicant of the additional information required.
§ 200-82.5 Factors for consideration during review.
The Planning Commission review of a site plan shall include but is not limited to the following considerations:
A.
Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, channelization structures and traffic controls.
B.
Adequacy and arrangement of pedestrian traffic access and circulation, including separation of pedestrian from vehicular traffic, walkway structures, control of intersections with vehicular traffic and pedestrian convenience, including handicapped access.
C.
Location, arrangement, appearance and sufficiency of off-street parking spaces and loading areas.
D.
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.
Plant materials.
[Amended 10-16-1989 by L.L. No. 6-1990]
(1)
Adequacy, type and arrangement of plant materials (to include trees, shrubs and other landscaping) constituting a visual-screening and noise-deterring buffer between the proposed use and adjoining uses or properties. When a plot in any district, other than a one-family residential district, abuts property in a one-family residential district other than a municipal parking field, such buffer shall be not less than 20 feet in width and shall be unpierced and used exclusively for its stated purpose. Buffer landscaping shall include the following planting comprised of plant species and varieties all subject to approval by the Planning Commission:
(a)
Evergreen hedge located near that edge of the buffer more distant from the residential district. The hedge need not be planted as a single row but shall appear continuous. The hedge shall be a minimum of five feet high and six feet wide.
(b)
Shade trees planted singly or in groups at the rate of one tree per 800 square feet of total buffer area. Single trees or groups of trees shall be spaced no more than 40 feet apart. At least 2/3 of the shade trees shall be deciduous of a caliper of not less than three inches at installation. Up to 1/3 of the shade trees may be evergreens having a minimum height of eight feet at installation.
(c)
In-fill plantings as necessary to satisfy the requirements for complete landscaping. Plant materials may include shrubs and flowering trees of a size at installation consistent with the stated purpose of the buffer.
(2)
The Planning Commission, in its discretion, may take into consideration existing plant materials that contribute to the stated purpose and development of the buffer.
(3)
All required plant materials as shown on the approved buffer planting plan shall be maintained in a healthy growing condition. Dead, dying or diseased plant materials, as determined by the Village Director of Public Works, shall be replaced by the property owner no later than the next ensuing planting season.
F.
In the case of an apartment house or multiple dwelling, the adequacy of usable open space for playgrounds and informal recreation.
G.
Adequacy of stormwater and sanitary waste disposal facilities.
H.
Protection of existing natural and landscaping features.
I.
Protection of adjacent properties against noise, glare, unsightliness or other objectionable features.
J.
Adequacy of water supply facilities.
K.
Overall impact on the neighborhood, including compatibility of design considerations.
L.
Conformance with the current Village Master Plan.
M.
Adequacy of overall plan in minimizing harmful effect upon the environment.
§ 200-82.6 Planning Commission action on site plan.
A.
Within 90 days of the date of determination of a completed application by the Planning Commission, the Planning Commission shall recommend approval, approval with modifications or disapproval of the site plan, except that where a public hearing is deemed necessary pursuant to § 200-82.8, the decision and recommendation on the site plan shall be made within 90 days after the public hearing. The time period in which the Planning Commission must render its decision and recommendation may be extended by the Planning Commission.
[Amended 2-7-1991 by L.L. No. 1-1991]
B.
[1]In the event that the Planning Commission determines that a site plan involves a need for a variance or special permit, the application shall be deferred by the Planning Commission so that the applicant may make application to the Board of Appeals. Where the Planning Commission has deferred site plan approval on these grounds, the Planning Commission shall convey any information or documents which it deems appropriate to the Board of Appeals, with respect to the variance or special permit requested, and the Planning Commission may convey any opinions or recommendations which it may have with respect to the application. If the Board of Appeals grants the variances, the applicant may resume the process to obtain site plan approval.[2]
C.
The decision and recommendation of the Planning Commission shall be forwarded to the Village Board of Trustees.
§ 200-82.7 Application to Board of Trustees for action on final site plan.
[Amended 2-7-1991 by L.L. No. 1-1991; 7-21-2011 by L.L. No. 2-2011]
A.
Upon submission of an application in writing for final site plan approval, containing all the information set forth in § 200-82.4A, the Village Board of Trustees shall review all site plan actions and recommendations by the Planning Commission and shall independently approve, approve with modifications or disapprove site plans based on the factors set forth in § 200-82.5. Such action shall be taken within 90 days of the date of receipt by the Board of Trustees of the recommendations of the Planning Commission and the application has been deemed complete. The Board of Trustees may extend this time for one additional ninety-day period.
§ 200-82.8 Public hearings.
The Planning Commission 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 three hundred-foot radius of the proposed project were notified by mail not less than 15 days before the public hearing.
§ 200-82.9 Reimbursable expenses.
No building permit shall be issued pursuant to the provisions of this Article until all expenses incurred by the Planning Commission and Board of Trustees for consultation fees (including engineering and legal) or other extraordinary expense 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 such amount to cover consultation fees and extraordinary expenses as shall be established, from time to time, by resolution of the Board of Trustees, not to exceed 1% of the total project cost. The total project cost shall be calculated on the cost of the land, the cost of all site improvements, demolition costs and the cost of buildings and structures.
§ 200-82.10 Coordination of related project reviews.
A.
During the site plan review process, the Planning Commission and the Board of Trustees may consult with Village officials, officials of other governments or 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 Commission 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] SEQR shall apply for applications and improvements authorized by this Article. The Village Board of Trustees shall act as lead agency for any action pursuant to this Article. An environmental impact statement shall be required after the finding of a positive declaration. No final action shall be taken by the Planning Commission or Village Board of Trustees until the provisions of SEQR shall be satisfied.
[1]
Editor's Note: See the Environmental Conservation Law § 8-0101 et seq.
D.
No recommendation shall be made by the Planning Commission until the applicant has received the approval of the Director of Public Works under the Village's Tree Preservation and Protection Law.[2]
[Amended 2-7-1991 by L.L. No. 1-1991]
E.
No final action shall be taken by the Village Board of Trustees until the applicant has received approval under Chapter 57 of the Village Code.
[Added 2-7-1991 by L.L. No. 1-1991]
F.
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 Village Board of Trustees until the Nassau County Planning Commission has issued its report.
[Amended 2-7-1991 by L.L. No. 1-1991]
§ 200-82.11 Waiver of requirements; additional regulations.
A.
Waivers. Where the Planning Commission 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 current Village Master Plan or any of the other requirements of this Article. At the time of such waiver, the Planning Commission shall make findings, to be recorded in the official minutes of the Planning Commission, outlining the reasons for such waiver.
B.
Further regulations. The Planning Commission may adopt such rules and regulations, not in contravention of this Article, 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.
§ 200-82.12 Performance bond.
[Amended 2-7-1991 by L.L. No. 1-1991]
In connection with its site plan review, the Village Board may require a performance bond in an amount it shall determine to insure that upon completion of the project all the public improvements shown on the site plan are completed and furthermore to ensure that, in the event that the project is abandoned, the project is either completed or 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.
§ 200-82.13 Fees.
[Added 7-21-2011 by L.L. No. 2-2011[1]]
Every application hereunder shall be accompanied by a fee payable to the Village in such amount as determined, from time to time, by resolution of the Board of Trustees.
§ 200-82.14 Expiration of site plan approval.
[Amended 7-21-2011 by L.L. No. 2-2011]
Site plan approval shall automatically terminate one year after the same is granted by the Village Board of Trustees unless a building permit has been issued and there is physical evidence to demonstrate that substantial construction has taken place and is continuing. Upon application to the Village Board of Trustees, the site plan approval may be extended for an additional one-year period, upon a showing that the conditions existing at the time of the approval have not changed and that substantial steps to commence the project have been lawfully undertaken and an additional fee has been paid to the Village in such amount as determined, from time to time, by resolution of the Board of Trustees.