Lindenhurst City Zoning Code
ARTICLE XIII
Site Plan Review
§ 193-140 Purpose.
[Amended 6-22-2015 by L.L. No. 2-2015]
The provisions of this article are designed to assure that the design, layout and aesthetics of particular land uses on a parcel, whether such use is a permitted use, special exception use through the Board of Appeals or accessory use, will be compatible with certain man-made features and natural features and surrounding development of the area and will ensure public safety and convenience on and off the lot and will in all cases comply with the letter and spirit of those provisions of this Code which pertain to such design layout or aesthetics and of those provisions pertaining to the use itself. It is the intent of this article to establish procedures and design criteria necessary to avoid excessive uniformity, dissimilarity, inappropriateness or poor quality of design and location which adversely affects the desirability of the immediate and neighboring areas that impair the benefits of occupancy of existing property and the stability and value of both improved and unimproved real property in such areas. It is further the intent of this article to preserve and enhance the character, historical interest, beauty and general welfare of the municipality and to ensure that the location and design of buildings, structures, appurtenances and open spaces in the municipality shall aid in creating a balanced and harmonious composition of the whole as well as in the relationship of its several parts. Various on-site structures and uses within the development shall be harmonious and in scale to one another and with the neighborhood. No open design foundation system will be permitted for any structures within an AE flood zone. Open design foundation systems shall only be permitted in FEMA designated V (Velocity) zones.
§ 193-141 Establishment; administration.
[Amended 6-16-1992 by L.L. No. 2-1992]
A site plan review is hereby created and is administered by the designee of the Village Board, in conjunction with the Planning Board.
§ 193-142 Approval required.
No person shall undertake or carry out any such activity or use, including any grading, clearing or tree removal associated therewith, without first having obtained site plan approval therefor, pursuant to the provisions of this article.
§ 193-143 Applicability.
The following shall be subject to site plan review and shall require site plan approval:
A.
Single-family residence districts:
(1)
Any new construction.
(2)
Any alteration that exceeds 30% of the existing structure.
(3)
Any multiple residence.
(4)
With respect to any nonconforming use, any activity, change or use requiring a building permit or a variance hereunder, provided that all other needed prior approvals for the activity have first been obtained.
B.
All other districts: any activity or land use requiring a building permit hereunder, including conversions and changes of uses, and all clearing and grading, except where the permit sought involves only a sign.
C.
In every district: any activity or use made subject to site plan review as a condition of any permission or approval granted by any local agency.
§ 193-144 Initial application procedure.
An approval shall be made on the building permit application for the same provided by the Building Inspector. Three copies of the application, a current survey prepared by a licensed surveyor, the site plan (if separate from the survey), building plans and elevations (if appropriate) and any other submission or exhibit required by this article shall be submitted, together with the appropriate fee, to the Building Inspector, who shall review the same for prima facie completeness, for conformity with the New York State Uniform Fire Prevention and Building Code and for conformity with this chapter. The site plan shall be drawn to the following minimum scales:
A.
Overall development plan, sites of two acres or more: one inch equals 40 feet.
B.
Overall development plan, sites of less than two acres: one inch equals 20 feet.
C.
Detailed portions of a site plan, sites of any size: one inch equals 20 feet.
D.
Building plans and elevations: one-fourth (1/4) inch equals one foot.
§ 193-145 Plan requirements.
A.
A site plan for which approval is sought shall be dated and shall include at least the following elements (unless one or more is waived for good cause shown) to be considered complete:
(1)
Property lines, showing directional bearings and distances, adjacent land ownership and streets, location with reference to identifiable street intersections, directional arrow and scale and zoning district in which located.
(2)
Existing and proposed buildings, structures and uses and proposed additions thereto, including finished floor elevation and ground elevation at such building, structure and use locations.
(3)
The lot area and floor area for each floor of all existing and proposed buildings, structures and uses.
(4)
Dimensions of property line setbacks to and dimensions between each building, structure and use.
(5)
The location of all easements on, over and adjacent to the site, including the location of all existing and proposed utility lines and hydrants.
(6)
The layout of existing and proposed parking and loading areas, including dimensional spaces, aisles and street approaches, the general circulation pattern with directional movement shown, existing and proposed curb cuts, traffic safety devices, sidewalks, curbing, paving, drainage structures and their respective specifications. Methods used for computing parking and drainage requirements shall be included.
(7)
The existing and proposed locations of outdoor lighting, signs and screen plantings and fences.
(8)
The existing and proposed sewage disposal systems.
(9)
The existing topography of the site and immediately adjacent property, as revealed by contours or key elevations as may be required, and any proposed regrading of the site. The datum shall be in accordance with United States Coast and Geodetic Survey.
(10)
Natural features, such as water bodies, drainage courses, fresh and salt marshes, beaches, escarpments, woodlands, large trees and unique plant and wildlife habitats.
(11)
Cultural features, such as paleontological and archaeological remains, historic buildings and sites.
B.
Elevations of buildings and structures shall be at a scale sufficient to show:
C.
The Building Inspector shall reject any application if it is not so complete or in conformance and shall notify the applicant as to the reason for such rejection.
D.
Further processing. If the application is satisfactory, the Building Inspector and the designee of the Village Board, in conjunction with the Planning Board, shall then follow the procedures established regarding the processing of applications. Any application for site plan review may be accompanied by one or more applications for other local agency permissions or approvals which this chapter requires for the activity or use for which site plan approval is being sought.
[Amended 6-16-1992 by L.L. No. 2-1992]
§ 193-146 Standards.
[Amended 6-16-1992 by L.L. No. 2-1992]
In reviewing a site plan submitted to it under this article, the designee of the Village Board, in conjunction with the Planning Board, may call upon expert advice in varied disciplines to assist the designee of the Village Board, in conjunction with the Planning Board, in making the determination required of it. It shall seek to further the overall purposes and goals of this chapter and of other applicable provisions of the Village Code and state law. More particularly, it shall make certain that any development plan it approves hereunder conforms to the following:
A.
Physical compatibility. The open space environment of the Village shall be fostered by preserving, wherever possible, large trees and other natural features of the site. Extensive clearing and grading shall be avoided. Screening with trees or other plantings may be required for parking and other disturbed areas which are created. Where necessary or appropriate, a landscaping plan demonstrating that suitable vegetation will be planted and nurtured may be required by the designee of the Village Board, in conjunction with the Planning Board. Such plan, when submitted by the applicant and approved, shall become a part of the approved site plan.
B.
Protection of residential areas. When the site is located adjacent to residences or a residence district, appropriate buffer landscaping, natural screening and fencing are to be provided in order to protect neighborhood tranquility, community character and property values.
C.
Parking. Parking areas and driveways shall be sufficiently drained so as to prevent ponding. All drainage structures, paving, access driveways and parking areas shall be laid out and constructed in accordance with the standards for such facilities. Whenever feasible, parking areas shall be placed at the rear of buildings and/or screened by plantings so as not to be visible from the highway.
D.
Access. Vehicular ingress and egress, interior traffic circulation, parking space arrangement, loading facilities and pedestrian walkways shall be planned and built so as to promote safety and efficiency.
E.
Light. Lighting facilities and lighted signs shall be placed and shielded in such a manner as not to cause direct light to shine on other properties and shall not be permitted to create a hazard upon a public street.
F.
Water supply: waste disposal. Provisions for water supply and for sewage, garbage and other waste disposal shall be adequate to the use, will ensure the health and safety of persons on and off the site and will not result in the avoidable depletion or degradation of the groundwater supply or harm to surface water bodies, watercourses or other natural features or systems.