Lake Success City Zoning Code
ARTICLE XXV
Site Plan Review
§ 105-233 Title.
This article shall be known and cited as the "Village of Lake Success Site Plan Review Law."
§ 105-234 Findings; legislative intent.
A.
The Board of Trustees of the Incorporated Village of Lake Success (hereinafter the "Board of Trustees") hereby finds that in order to ensure that future land use, development and construction activities within the Village of Lake Success (hereinafter the "Village") will have a harmonious relationship with the existing or permitted use of contiguous land and with surrounding neighborhoods, and to otherwise promote the health, safety, general welfare, comfort and convenience of the Village and its residents, site plans for new land use and development proposed within the Village should be subject to Village Planning Board review.
B.
It is, therefore, the intent of the Board of Trustees and the purpose of this article to establish a procedure for site plan review for new land use and development activities proposed within the Village consistent with and pursuant to Village Law § 7-725-a, and to authorize the Planning Board to review and provide it with appropriate standards in its review of all site plans for compliance with certain site plan elements, which include, where appropriate, those relating to parking, means of access, traffic, screening, lighting, signs, landscaping, location and dimension of buildings, adjacent land uses and physical features meant to protect adjacent buildings and land uses, as well as any additional site plan elements specified herein.
§ 105-235 Authority of Planning Board.
A.
Pursuant to Village Law § 7-725-a, the Planning Board is hereby authorized to review and approve, approve with modifications or disapprove site plans submitted in accordance with the standards and procedures set forth in this article.
B.
Upon approval of a site plan, the Planning Board may impose reasonable conditions and restrictions as are related to and incidental to the proposed site plan. Thereupon, such imposed conditions must be met before the issuance of permits by applicable enforcement agencies or officials of the Village.
§ 105-236 Activities requiring site plan review; approval required.
§ 105-237 Application requirements.
A.
Applications for site plan approval shall be submitted to the Village Clerk after appropriate review of a building permit application by the Building Department and at least 30 days prior to the Planning Board meeting at which the site plan is to be considered and, except as otherwise provided herein, shall include 12 copies of each of the following items, to be submitted in separate and complete sets:
(1)
An application form for site plan review, in form and substance satisfactory to the Building Department.
(2)
A site survey, showing all existing structures, prepared, signed and sealed by a licensed land surveyor.
(3)
A site plan for the proposed land use, drawn at a scale of not less than one inch equals 20 feet, signed and sealed by a licensed architect or engineer, and which shall include the following information:
(a)
A title block located in the lower right-hand corner of the site plan and shall include the name and address of the applicant and record owner of the property, the property's designation on the Nassau County Land and Tax Map and the title of the project. If the applicant or property owner is a corporation, the name and address of the president and secretary shall be submitted with the application.
(b)
A date block of the site plan adjacent to the title block containing the date of preparation and dates of all revisions.
(c)
A key map showing the location of the property with reference to surrounding areas and existing street intersections within 1,000 feet of the boundaries of the subject premises.
(d)
A written and graphic scale, as well as the North arrow.
(e)
Zoning district boundaries shall be shown on the site plan as they affect the parcel.
(f)
Survey data showing boundaries of the property, required building and setback lines and lines of existing and proposed streets, lots, reservations, easements and areas dedicated to public use, including grants, restrictions and rights-of-way.
(g)
Reference to any existing covenants, restrictions, easements or exceptions that are in effect or are intended to cover all or any of the property. A copy of such covenant, restriction, easement or exception shall be submitted with the application. If there are no known covenants, deed restrictions, easements or exceptions affecting the site, a notation to the effect shall be indicated on the site plan map.
(h)
The location of existing structures on the site. The plan shall contain a notation indicating any structures that are to be removed.
(i)
All distances, as measured along the right-of-way lines of existing streets abutting the property, to the nearest intersection with any other street.
(j)
The location plans and elevations of all proposed structures.
(k)
The location of all existing and proposed driveways, walkways and impervious surfaces located on the property.
(l)
The location of all existing storm drainage structures, soil erosion and sediment control devices and utility facilities, including electric, water, telephone and cable television, which are located within the property lines.
(m)
Existing and proposed contours according to United States Geodetic Survey Datum at intervals not to exceed two feet. Existing contours are to be indicated by solid lines; proposed contours are to be indicated by dashed lines.
(n)
Existing elevations of the road or right-of-way contiguous to the site.
(o)
The location of all existing significant natural features such as boulders, rock outcrops, watercourses, depressions, ponds, marshes and other wetlands, whether or not officially mapped.
(p)
All proposed streets, with profiles indicating grading and cross-sections showing width of roadway, location and width of sidewalk, if any, and location and size of utility lines.
(q)
All means of vehicular ingress and egress to and from the site onto public or private streets, showing the size and location of driveways and curb cuts and sidewalks, if any.
(r)
All provisions for pedestrian access to the site and internal pedestrian circulation.
(s)
The location and design of any off-street parking areas, loading or outdoor storage areas.
(t)
The location of all proposed water lines, valves and hydrants and all sewer lines or alternative means of water supply or sewage disposal and treatment.
(u)
The proposed location, direction of illumination, power and time of proposed outdoor lighting.
(v)
The location, design and type of construction of all proposed signs.
(w)
The proposed stormwater drainage system.
(x)
Structural elevation calculations.
(y)
Zoning calculations.
(z)
Illustration of all proposed structures as they relate to sky exposure plane.
(aa)
Delineation of Floodplain Zone as shown on the Flood Insurance Rate Map prepared by the Federal Emergency Management Agency and adopted by the Village.
(bb)
Delineation of tidal and freshwater wetlands areas as designated by the New York State Department of Environmental Conservation.
(4)
A landscaping plan drawn at a scale of not less than one inch equals 20 feet and which contains the following information:
(a)
Outlines of all existing and proposed structures, driveways, walkways and impervious surfaces to be located on the property.
(b)
The location of all existing significant natural features such as boulders, rock outcrops, watercourses, depressions, ponds and marshes.
(c)
The location of all trees, identified by type or species and size, bearing a trunk circumference greater than 20 inches measured at a point four feet six inches above ground level.
(d)
The location of all trees, shrubs and/or any vegetation, identified by type or species, which are to be removed.
(e)
The location of all trees, shrubs and/or any vegetation, identified by type or species, which are to be preserved.
(f)
The location of all trees, shrubs and/or other vegetation, identified by size, height and type or species, which are to be provided.
(g)
A separate list of all trees and shrubs identified by size, height and type or species that are to be removed and/or to be provided.
(5)
Photographs (two sets only) of existing structures of the property and surrounding landscaping/screening.
(6)
An environmental assessment form completed and signed by the applicant.
(7)
The original building permit application which was reviewed by the Building Department.
(8)
The Building Department's memorandum of review.
(9)
Identification of all required permits or approvals from the Village or any other governmental body, and a record of application for and status of such permits or approvals.
(10)
A radius map and list of the names of all owners of property within 200 feet of the subject premises and, if the subject premises is adjacent to a private road, the owners of all other properties adjacent to the private road, together with section, block and lot numbers of said property, as shown on the current tax roll of the Village.
(11)
The certificate of title and deed(s) for the existing lot(s).
(12)
A letter from the water district regarding availability of water to the site (for new structures only).
(14)
Any other information found by the Planning Board or Building Department to be necessary to reasonably determine compliance of the site plan with this article and Village Law § 7-725-a.
B.
Stormwater pollution prevention plan: A stormwater pollution prevention plan consistent with the requirements of Chapter 87 shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Chapter 87. The approved site plan shall be consistent with the provisions of Chapter 87.
[Added 4-10-2006 by L.L. No. 1-2006]
C.
The Building Department may waive any of the above requirements it determines to be unnecessary for the appropriate review of a particular application but such waiver shall not be binding upon the Planning Board.
§ 105-238 Considerations included in review.
A.
In reviewing any application for site plan approval, the Planning Board shall be guided, as appropriate, by the following general and specific considerations:
(1)
The location, arrangement, size, design and general site compatibility of buildings and structures.
(2)
The adequacy and arrangement of vehicular access and circulation. All driveways to a public or private street shall be so located to afford maximum safety to said roadway and to provide for safe and convenient ingress and egress and to minimize conflict with the flow of traffic, and shall be designed to permit emergency vehicles and service vehicles such as delivery trucks, solid waste collection vehicles and the like to have reasonable access to and space for their intended functions.
(3)
The adequacy and arrangement of off-street parking, loading and outdoor storage.
(4)
The adequacy and arrangement of pedestrian traffic access and circulation.
(5)
The adequacy of stormwater and drainage facilities. Provision shall be made for the drainage of surface runoff waters in and from the premises so that flooding and erosion of the property and the property of others will be prevented, to the maximum extent practicable.
(6)
The adequacy of water supply and sewage disposal facilities.
(7)
The adequacy, type and arrangement of trees, shrubs and other landscaping and natural screening constituting a visual and/or noise buffer between the applicant's and adjoining lands, including the maximum feasible retention of existing vegetation.
(8)
The adequacy of fire lanes and other emergency zones and the provision of fire hydrants.
(9)
Protection of adjacent or neighboring properties against noise, glare, unsightliness and nuisances.
(10)
The overall impact of the proposed development on the neighborhood and surrounding uses, including compatibility of architectural and design considerations.
B.
The Planning Board shall not approve a site plan application if it determines that the building or structure, if constructed, erected, reconstructed or altered in accordance with the submitted plan, will result in any of the following:
(1)
Be visually offensive or inappropriate by reason of poor quality of exterior design, monotonous similarity or striking visual discord in relation to the sizes or surroundings;
(2)
Mar the appearance of the area;
(3)
Impair the use, enjoyment and desirability and reduce the value of properties in the area;
(4)
Be detrimental to the character of the neighborhood;
(5)
Prevent the most appropriate development and utilization of the site or of adjacent land;
(6)
Adversely affect the functioning, economic stability, prosperity, health, safety and general welfare of the entire community; or
(7)
Create excessive or hazardous traffic.
§ 105-239 Referral to planner designated by Village.
In connection with its review of any site plan under this article, the Planning Board, in its discretion, may refer any site plan application to a planner for his review, comment and recommendations. The applicant shall be responsible for the planner's fees in accordance with Chapter A211, Art. II, of the Village Code.
§ 105-240 Public hearing to be held.
The Planning Board shall conduct a public hearing with regard to every application for site plan review within 62 days of the date the application is found to be complete by the Planning Board.
§ 105-241 Notice of public hearing.
The applicant shall mail notice (by registered mail) of the public hearing to the owners of all properties contiguous to the subject premises, and if the subject premises is adjacent to a private road, to the owners of all other properties adjacent to the private road, at least 10 days prior to such hearing, and the Village shall cause notice of the public hearing to be published in the official newspaper of the Village at least five days prior to such hearing.
§ 105-242 Decisions.
A.
The Planning Board shall render a decision on each site plan application within 62 days after the public hearing portion of the review procedure is closed.
B.
The Board's decision shall be filed in the office of the Village Clerk within five business days after such decision is rendered and a copy mailed to the applicant.
C.
The time period in which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Planning Board.
§ 105-243 Judicial review.
Any person aggrieved by a final site plan determination by the Planning Board may apply to the Board of Zoning Appeals for review of the decision. Such proceedings shall be instituted within 30 days after the filing of a decision in the office of the Village Clerk.
§ 105-244 Waiver of requirements.
Any requirement for the approval or approval with modifications and/or conditions of site plan submitted for approval may be waived by the Planning Board upon a finding that such requirement is not in the interest of the public health, safety or general welfare, or is inappropriate to a particular site plan.
§ 105-245 Adoption of further rules and regulations.
The Planning Board may, consistent with this article, adopt such further rules and regulations, after public hearing, as it deems reasonably necessary to carry out the provisions of this chapter.
§ 105-246 Application for area variance.
Where a proposed site plan contains one or more features which do not comply with the bulk and area requirements of the Village Building Zone Ordinance, applications may be made directly to the Board of Appeals for an area variance, based on plans which the Board deems to be adequate for the purposes of the application without first obtaining a final decision or determination by the Building Department.
§ 105-247 Extension of original jurisdiction; amendments; authority to rescind site plan.
A.
Until a certificate of occupancy or certificate of completion has been issued with respect to each construction, reconstruction, alteration, addition or improvement contained within an approved site plan, the Planning Board shall have continuing jurisdiction to review and act upon a site plan, including any and all amendments to the approved site plan.
B.
The Planning Board shall review and act upon an application for an amendment to an approved site plan in the same manner as the review of an original site plan.
C.
In the event that it is determined that unauthorized changes have been made to an approved site plan, the Planning Board may rescind its prior site plan approval in its entirety or in part.
D.
Prior to substantial construction pursuant to an approved site plan, the Planning Board, on its own motion and in the same manner as the review of the original site plan, may rescind an approved site plan upon a finding that it violates any of the standards set forth in § 105-238 of this article.
§ 105-248 Compliance with other applicable provisions required.
Unless otherwise indicated, all construction, reconstruction, alterations, additions or improvements shall comply with all other applicable ordinances, local laws, rules and regulations of the Village and any other governmental entity.
§ 105-249 Penalties for offenses.
For any and every violation of the provisions of this article, the owner, general agent or contractor of a building or premises where such violation has been committed or shall exist, and the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist, and the general agent, architect, builder, contractor or any other person who knowingly commits, takes part or assists in any such violation or who maintains any building or premises in which such violation shall exist, shall be liable for a fine not exceeding $1,000 or imprisonment for a period not to exceed six months, or both, for conviction of a first offense; for conviction of a second offense both of which were committed within a period of five years, punishable by a fine of not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine of not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both. Such penalties shall be collected as provided by law. Each week's continued violation shall constitute a separate, additional violation.
§ 105-250 Security for performance.
A.
The Planning Board may condition site plan approval upon the applicant's submission to the Village Clerk of a cash deposit, performance bond or irrevocable letter of credit in an amount determined by the Planning Board after recommendation from the Village Engineer, which amount shall be sufficient to ensure that all improvements and landscaping, as shown on the approved site plan, shall be completed and to ensure against damage to the infrastructure, including public and private roads and drainage structures.
B.
If public improvements are required, there shall be a separate cash deposit, performance bond or irrevocable letter of credit in an amount determined by the Planning Board after recommendation from the Village Engineer, which amount shall be sufficient to ensure that all required public improvements shall be completed.
C.
Any bond, invocable letter of credit or cash deposit agreement required to be posted in connection with a site plan approval shall be in a form and substance acceptable to the Village Attorney.
D.
No performance bond or irrevocable letter of credit or cash deposit agreement shall be accepted by the Village Clerk unless approved as to form and substance by the Village Attorney.
§ 105-251 Expiration of site plan approval.
[Amended 12-8-2003 by L.L. No. 3-2003]
Site plan approval shall automatically terminate and expire two years after the resolution granting approval is filed in the office of the Village Clerk, unless a building permit has been issued thereon. The Planning Board, at its sole discretion, may grant extensions up to one year each.