Oyster Bay City Zoning Code
§ 246-6
SITE PLAN REVIEW
6.1 Purposes.
It is hereby determined that there should be a formal public process of site plan review in the Town of Oyster Bay in order to help ensure that the future use, reuse, development and redevelopment of multifamily, senior citizen, conservation subdivisions and nonresidential properties will be planned and designed in such a way as to further the public health, safety and general welfare of the population. It is hereby further determined that there should be specific standards established in this chapter for such review and that such review should be incorporated in existing approval processes, wherever appropriate.
6.2 Approval required and approving agency.
6.2.1
Town Board approval. Site plan approval by the Town Board, after review and recommendation by the Department of Planning and Development, shall be required prior to the issuance of a building permit or certificate of occupancy, as follows:
6.2.2
Planning Advisory Board approval. Site Plan approval by the Planning Advisory Board, after review and recommendation by the Department of Planning and Development, shall be required prior to the issuance of a building permit or certificate of occupancy, as follows:
6.2.2.1
All structures or uses that do not require Town Board approval and are required to provide 50 or more additional parking spaces.
[Amended 7-22-2003 by L.L. No. 7-2003]
6.2.2.2
All structures or uses that do not require Town Board approval, abut a residence district and are required to provide more than 15 additional parking spaces.
[Amended 7-22-2003 by L.L. No. 7-2003]
6.2.2.3
Review by the Planning Advisory Board shall be required, prior to Town Board approval, for all structures or uses in RMF-6, RMF-10, RO and OB Districts, as well as places of worship, colleges and universities, customary agricultural operations and country clubs in all residence districts.
[Amended 7-22-2003 by L.L. No. 7-2003]
6.2.3
Department of Planning and Development approval. Proposed structures or uses that do not meet the requirements of § 246-6.2.1 or 246-6.2.2 above shall require review and approval by the Department of Planning and Development using the standards of this section as a guide.
6.3 Application.
All site plan applications shall be submitted to the Department of Planning and Development on forms provided by that Department. They shall be accompanied by an affidavit prepared in accordance with § 246-14.9 of this chapter, fees or trust account deposits as required by § 246-6.4 of this chapter and 12 prints of a detailed site plan prepared by a legally qualified individual or firm, including but not limited to a registered architect, landscape architect or professional engineer. Additional sets of prints may subsequently be required if Town Board and/or Planning Advisory Board review, the quantity of which shall be determined by the Department of Planning and Development. The site plan shall demonstrate that, insofar as practicable, all standards of this chapter have been met. All site plan applications shall include at least the following information, as applicable and appropriate:
6.3.1
General. Site plans shall be drawn on sheets not exceeding a size of 36 inches by 48 inches and to a convenient scale, but not less than one inch equals 20 feet unless otherwise approved by the Department of Planning and Development.
6.3.2
Legal data.
6.3.2.1
Name and address of applicant, and authorization by owner if different from applicant.
6.3.2.2
Name, address, signature and seal of the professional preparing the site plan.
6.3.2.3
Title of the development, date prepared and date of revisions, if any.
6.3.2.4
North arrow, scale and site vicinity map drawn to a scale of not less than one inch equals 600 feet.
6.3.2.5
Section, block and lot number(s).
6.3.2.6
Description of all existing and proposed deed restrictions or covenants.
6.3.2.7
Location, width and purpose of all existing and proposed easements, setbacks, reservations and areas dedicated to public use within or adjacent to the property.
6.3.2.8
Existing zoning of the property and all adjoining properties.
6.3.2.9
Zoning Information Chart, including an indication of any necessary variances. The chart shall include the following items and illustrate what is the minimum or maximum as required by this chapter and what is proposed to be provided for each, as applicable:
• | Proposed use of structure. |
• | Lot area (square feet). |
• | Lot width and frontage. |
• | Lot area per dwelling unit (square feet). |
• | Gross floor area per dwelling unit (square feet). |
• | Building coverage. |
• | Gross floor area by use. |
• | Floor area ratio. |
• | Front, side and rear yards. |
• | Building height (stories and feet). |
• | Building dimensions. |
• | Area of usable open space. |
• | Off-street parking and loading spaces. |
• | Area of landscaped islands within parking lot perimeter. |
• | Yards, building height and building coverage of required rear yard for accessory buildings. |
6.3.3
Natural features.
6.3.3.1
Topographic data at a maximum contour interval of two feet, showing existing and proposed contours, extended at least 10 feet onto adjoining properties.
6.3.3.2
Surface features, such as the location of rock outcrops.
6.3.3.3
Boundaries of any area subject to flooding or stormwater overflows, including flood hazard areas as established by the federal government.
6.3.3.4
Location of all existing watercourses, waterbodies, intermittent streams, wetlands and springs.
6.3.3.5
Description of vegetation on site, including existing landscaping, the location of existing wooded areas and all individual trees with a diameter of eight inches or more measured three feet above the base of the trunk.
6.3.3.6
Any other significant existing natural features.
6.3.4
Existing structures and utilities.
6.3.4.1
Location of all structures on the premises and approximate location of all neighboring structures within 100 feet of the lot lines of the premises.
6.3.4.2
Location of all existing public and private roads and rights-of-way, paved areas and sidewalks adjoining the property, including the names and paved widths of roads.
6.3.4.3
Locations, dimensions, grades and flow direction of existing sewers, culverts, water lines and other underground utilities within the property and within adjacent street, to the extent known or relevant.
6.3.4.4
Location of existing fences and screening.
6.3.4.5
All other existing improvements.
6.3.5
Proposed development.
6.3.5.1
Location and dimensions of all proposed structures (including length, width, floor elevations and height), with floor plans showing all proposed floor space by type of use and floor level.
6.3.5.2
Preliminary architectural plans showing at least three exterior elevations of the proposed structure, including dimensions, materials and colors to be used.
6.3.5.3
Location, width and finished grades of proposed public and private streets, driveways, roads and sidewalks, including pavement type and center line profiles. All slopes shall be indicated by percentage of grade. Elevations at center line of street, top of curb and at the lot line shall also be indicated on the profile. Where there is no curb, the curb elevation shall be assumed to be equal to the elevation at the center line of the street and shall be so indicated.
6.3.5.4
Location, layout, finished grade, pavement specifications and curbing proposed for parking and loading spaces, including access drives.
6.3.5.5
Location, design and proposed screening of any outdoor storage areas, including proposed provisions for recycling and refuse storage and collection.
6.3.5.6
Approximate location of proposed utilities. Note: The submission of plans showing the location, size and design of all proposed water supply, sanitary sewerage, valves, hydrants and other such utility facilities, including connections to any existing such facilities, with profiles, may be required prior to the issuance of a building permit.
6.3.5.7
Approximate location of proposed stormwater drainage system. Note: The submission of plans showing the details of catch basins, dry wells, recharge basins and other related facilities and the calculation of expected storm drain loads and stormwater runoff to be accommodated by the proposed drainage system in accordance with all requirements of the Nassau County Department of Public Works may be required prior to the issuance of a building permit.
6.3.5.8
Landscaping plan, to include type, size, quantity and location of all plants and other landscaping materials to be used, with common and scientific names. Included in the plan shall be an indication of all existing vegetation to be retained, a line indicating the limit of the area of disturbance and the methods to be used to protect existing vegetation during the course of construction. Cross-sections shall be provided, as appropriate.
6.3.5.9
Snow removal management plan.
6.3.5.10
Type, location, design, shielding, illumination levels in footcandles and hours of operation of exterior lighting.
6.3.5.11
Location, type, size, typography, design, color and illumination of all signs.
6.3.5.12
Illustration of the ultimate potential development of the site, if the site plan application represents only a portion or phase of a larger possible development.
6.3.5.13
Estimate of earthwork, showing the quantity of any material to be imported to or removed from the site.
6.3.5.14
Description of measures planned to assure proper erosion and sedimentation control both during and after construction.
6.3.5.15
Statement from the applicant's engineer indicating the estimated cost of construction of all proposed site improvements.
6.3.6
Master signage plan required. For every project required to provide 50 or more parking spaces, a master signage plan shall be prepared. Such plan shall include at least the following:
6.3.6.1
The location of all existing and proposed signage.
6.3.6.2
Elevations of all existing signs identifying whether each sign is to remain.
6.3.6.3
Elevations of all proposed signs identifying the type, the vertical, horizontal and depth dimensions, color scheme, lettering or graphic style, the signage materials, the height, whether the sign is to be illuminated and, if so, details of the proposed illumination.
6.4 Application fees.
[Amended 2-10-2004 by L.L. No. 4-2004; 10-16-2012 by L.L. No. 3-2012]
Each application for site plan approval shall be accompanied by a base application fee in an amount as determined by the Commissioner of the Department of Planning and Development. Where Planning Advisory Board or Town Board review is required, an additional fee in an amount as determined by the Commissioner of the Department of Planning and Development shall be paid. In addition, the applicant shall be required to fund the cost of outside consulting services to assist the approving agency with the review of applications, if such assistance is determined necessary by said agency. In such cases, the applicant shall provide additional funds to the Town for deposit into a trust account in an amount as determined by the Commissioner of the Department of Planning and Development.
6.4.1
When the balance in an applicant's trust account is reduced to 1/3 of the required initial deposit amount, the applicant shall deposit sufficient additional funds to restore the account up to at least the originally required balance, or such lesser amount as may be agreed to by the Department of Planning and Development. If such account is not replenished within 30 days after the applicant is notified, in writing, of such requirement, the approving agency shall immediately suspend its review of the application.
6.5 Public hearing/meeting.
6.5.1
Town Board. Where Town Board approval is required, upon receipt of the recommendation of the Department of Planning and Development or the Planning Advisory Board, as the case may be, and consistent with the timing requirements of the Town Environmental Quality Review Law,[1] the Town Board shall consider the proposed site plan at the same public hearing as required for the special use permit or zoning change application. Town Board action with respect to the site plan shall be incorporated into its decision with respect to the special use permit or zoning change.
6.5.2
Planning Advisory Board. Where Planning Advisory Board approval is required, the matter shall be considered at a regular meeting of said Board, open to the public.
6.6 Notification of Town Board public hearing or Planning Advisory Board meeting.
6.6.1
Notification of Town Board public hearing shall be as required for the related special permit or zoning change application, as the case may be.
6.6.2
Notification of PAB meeting shall be by the posting of a notification sign in accordance with the provisions below along each street frontage of the subject property at least seven calendar days prior to the Planning Advisory Board meeting, where said Board is the approving agency.
6.6.2.1
Notification signs shall be at least six square feet in area, and shall consist of sturdy weatherproof material containing a white background and black legible letters at least two inches in height. The sign shall be placed in a location plainly visible from each street upon which the property fronts, but in no case more than 20 feet back from the street. If the property fronts on two or more streets, one such sign shall be placed along each of the most commonly traveled street frontages but, in any event, no more than two signs shall be required.
6.6.2.2
The notification sign shall read as follows:
ON THIS PROPERTY A (DESCRIBE PROPOSED ACTION) IS PROPOSED. THIS MATTER WILL BE DISCUSSED AT A (IDENTIFY APPROVING AGENCY) PUBLIC (HEARING OR MEETING) ON (FILL IN DATE) AT (FILL IN TIME) AT (FILL IN LOCATION). |
6.6.2.3
The applicant shall update the notification sign(s) at least seven days prior to each public meeting or hearing at which it is to be heard.
6.6.2.4
The applicant shall submit an affidavit to the Town Attorney or secretary of the Planning Advisory Board, as appropriate, at the public hearing/meeting attesting to the installation of the notification sign, as required herein.
6.6.2.5
The applicant shall remove the notification sign(s) within seven days after the close of the public meeting or hearing at which the application has been heard.
6.7 Conformity required.
No site improvements or change of use may be implemented, no construction shall commence and no permits shall be issued by applicable enforcement agents or officers of the town until after approval for said improvements or change of use is granted by the approving agency where such approval is required, and all modifications and conditions as set forth in said approval are certified as having been met, as evidenced by the signature of the Town Superintendent of Planning of the Department of Planning and Development, on the site plan, except as may be otherwise specifically provided for in the resolution of site plan approval. Continued compliance with all such conditions shall be a requirement of the continued validity of any building permit or certificate of occupancy issued pursuant thereto.
6.8 Expiration.
6.8.1
The approval of a signed site plan shall expire in the event that:
6.8.1.1
An application has not been made for a building permit or a certificate of occupancy within one year after the date the site plan was signed.
6.8.1.2
All construction in accordance with the approved site plan has not been completed within three years after the date the site plan was signed.
6.8.1.3
Construction in accordance with the site plan substantially ceases, prior to completion, for a period of one year or more after commencement.
6.8.2
Any application for extension, on an annual basis, shall be made by the applicant to the Department of Planning and Development prior to the expiration of the specific time period sought to be extended, and with the permission of and upon the recommendation of the Commissioner of Planning and Development, may be sought after the expiration of the specific time period sought to be extended, but in no event shall any extension extend the period beyond four years from the date the site plan was approved, or an amended site plan was reviewed, unless a new SEQRA determination has been made. Any application for extension shall be accompanied by a fee as determined in accordance with the fee schedule established by the Commissioner of the Department of Planning and Development. The approving agency may extend all time limits for good cause shown, if said agency deems such extension warranted.
[Amended 6-26-2018 by L.L. No. 6-2018]
6.9 Amendments.
6.9.1
Minor amendments. During the course of construction, the Department of Planning and Development, or any duly authorized designee, may approve minor adjustments to the approved site plan where such adjustments are deemed to be necessary or appropriate. Such minor adjustments must be consistent with the basic concepts of the approved site plan.
6.9.2
Substantial amendments. Where unforeseen conditions are encountered which require any change to an approved site plan which the Department of Planning and Development, or any duly authorized designee, considers substantial, or where the applicant wishes to modify the approved site plan for other reasons, an amended site plan shall be filed for review and approval submitted in accordance with the same procedures and fees as required for the original application.
6.10 General standards.
In considering proposed site plans, the reviewing agency will be guided by the purposes of this chapter, including the purposes of the applicable zoning district or districts, the specific off-street parking and site design standards as set forth in this chapter and the following general standards:
6.10.1
The opportunity for safe, adequate and convenient vehicular and pedestrian traffic circulation both within and without the site. At least the following aspects of the site plan shall be evaluated to determine conformity to this standard:
6.10.1.1
The effect of the proposed development on traffic conditions on existing streets.
6.10.1.2
The number, locations and dimensions of vehicular and pedestrian entrances, exits, drives and walkways.
6.10.1.3
The adequacy of safe visibility at all exit points of the site. The driver of an automobile should have an unobstructed view of the street for the distance necessary to allow safe entrance into the traffic stream.
6.10.1.4
The location, arrangement and adequacy of off-street parking and loading facilities.
6.10.1.5
Interconnection of parking facilities via access drives between adjacent lots, designed to provide maximum safety, convenience and efficiency of traffic circulation, and to minimize curb cuts on neighboring streets.
6.10.1.6
Patterns of vehicular and pedestrian circulation both within the boundaries of the development and in relation to the adjoining road and sidewalk system.
6.10.1.7
The location, arrangement and adequacy of facilities for the physically handicapped, such as ramps, depressed curbs and reserved parking spaces.
6.10.1.8
The location, arrangement and adequacy of landscaping within and bordering parking facilities and loading spaces.
6.10.1.9
The adequacy of fire lanes and other emergency facilities and services. The applicant shall be required to allow enforcement of parking and traffic circulation restrictions by local police, fire and town officials, as determined appropriate.
6.10.2
The protection of environmental quality and the preservation and enhancement of property values. At least the following aspects of the site plan shall be evaluated to determine conformity to this standard:
6.10.2.1
The location, height and materials of walls, fences, hedges and plantings so as to ensure harmony with adjacent development, screen parking facilities and loading spaces and to conceal storage areas, refuse areas, utility installations and other such features.
6.10.2.2
The prevention of dust, erosion and drainage onto adjacent properties both during and after construction, through the planting of ground cover or the installation of other appropriate protective devices and/or ground surfaces.
6.10.2.3
The preservation of natural features such as wetlands, unique wildlife habitats, historic structures, major trees and scenic views both to and from the site.
6.10.2.4
The arrangement, type and design of signage and exterior lighting.
6.10.2.5
The design and arrangement of buildings, structures and accessory facilities (such as air conditioning systems, public address systems, etc.) so as to achieve minimum and acceptable noise levels at the property boundaries.
6.10.2.6
The provision of adequate storm and surface water drainage facilities so as to properly drain the site while maximizing groundwater recharge, minimizing downstream flooding and preventing the degradation of water quality.
6.10.2.7
Access to sunlight as related to building siting, orientation and landscaping, as well as present and potential future solar energy systems.
6.10.2.8
The design and arrangement of facilities to accommodate both refuse and recycling storage containers.
6.11 Site plan review required for demolition permits in Oyster Bay Hamlet Residence Design District.
[Added 2-13-2007 by L.L. No. 4-2007]
In addition to the previously described site plan reviews as required by this section, it is hereby also determined that there should be a public process of site plan review required prior to the issuance of demolition permits for existing dwellings when such dwellings are located in the Oyster Bay Hamlet Residence Design District. This review process is limited to dwellings which are more than 50 years old at the time of application for the demolition permit. The specific purpose of this process is to assure that the historic and/or architectural character of the site and the neighborhood in which it is located will not be adversely impacted by the demolition of a dwelling and the planned redevelopment of the site on which it is located.
6.11.1
Planning Advisory Board approval. Except where the Commissioner of the Department of Planning and Development determines that an emergency exists which requires immediate action (pursuant to § 96-20 of the Town Code), site plan approval by the Planning Advisory Board shall be required prior to the issuance of a demolition permit for any dwelling located in the Oyster Bay Hamlet Residence Design District which was originally occupied and/or was issued its original certificate of occupancy more than 50 years prior to the date of application for the demolition permit.
6.11.2
Public meeting and notification requirements. All requirements for the conduct of a Planning Advisory Board public meeting, including the notification requirements for such a meeting, as set forth in §§ 246-6.5 and 246-6.2 of this chapter, shall be complied with.
6.11.3
Application fees. Each application for Planning Advisory Board approval of a demolition permit shall be accompanied by an application fee in an amount as determined by the Commissioner of the Department of Planning and Development.
[Amended 10-16-2012 by L.L. No. 3-2012]
6.11.4
Application. All applications for site plan approval of a demolition permit shall, in addition to all other administrative requirements for demolition permits of the Department of Planning and Development, be accompanied by plans for the proposed redevelopment of the site if the demolition permit is granted. Such plans shall indicate whether any subdivision or resubdivision of the property will be proposed and whether variances therefor will be required. The application shall also include site plans, floor plans and building elevations of any proposed new dwelling(s) which will replace the dwelling to be demolished. The site redevelopment plan shall demonstrate that, insofar as practical, all standards of this chapter have been met. Such site redevelopment plan shall also, as appropriate, comply with the requirements of Subsection 6.3 above. The application shall be accompanied by an affidavit prepared in accordance with § 246-14.9 of this Chapter and 12 prints of the proposed redevelopment plans prepared by a legally qualified individual or firm, including but not limited to a registered architect, landscaped architect or professional engineer. Additional sets of prints may subsequently be required for Town Board and/or Planning Advisory Board review, the quantity of which shall be determined by the Department of Planning and Development.
6.11.5
General standards. In considering the proposed site redevelopment plans prepared in connection with the requested demolition permit, the Planning Advisory Board shall be guided by the general purposes of this chapter as well as the specific purposes of: protecting historic or potentially historic (over 50 years old) structures; assuring that the redevelopment of the site will be planned and designed in a manner which will be consistent with the architectural character and scale of the neighborhood in which the property is located; preserving property values; and where appropriate, furthering the objectives of the Town's Landmarks Preservation Ordinance.[1]