Patchogue City Zoning Code
ARTICLE XIII
Site Plan Approval
[Added 12-23-1974 by L.L. No. 20-1974; amended 10-27-1986 by L.L. No. 19-1986]
§ 435-82 Site development plan review and approval.
[Amended 5-26-1987 by L.L. No. 9-1987; 4-23-2001 by L.L. No. 3-2001; 5-10-2004 by L.L. No. 4-2004; 1-26-2009 by L.L. No. 6-2009; 3-9-2009 by L.L. No. 7-2009; 5-29-2012 by L.L. No. 3-2012]
A.
Site development approval by Planning Board.
(1)
Site development plan approval. Site plan approval as required prior to the issuance of:
(a)
A building permit by the Building Inspector for any action covered by this section; and/or
(b)
A certificate of occupancy, in the case of use conversion without additional construction, for any action covered by this section.
(2)
Application submitted. The application for site plan review will be construed as having been submitted when all documentation, in proper form, has been received by the Planning Board and has been so determined by the Building Inspector.
(3)
Hearings required.
(a)
The application process includes a preliminary site plan hearing (referred to herein as an "exploratory hearing") followed by a final site plan hearing (the "final hearing"). As is otherwise provided herein, certain proposed construction activities may require only one hearing, which shall be a final hearing.
(b)
Posting. Not less than 10 days prior to the date set for the public hearing before the Planning Board, the applicant is required to make notification of any public hearing for site plan review for all secondary actions by affixing at least one poster, of a size not less than three feet by four feet in size, and in such form as the Building and Housing Department shall specify, at a height of not less than five feet in elevation nor greater than 10 feet in elevation, on each street frontage upon the real property that is the subject of the application and not more than 10 feet from the curbline of such frontage.
[Amended 6-10-2013 by L.L. No. 8-2013]
(c)
Poster requirements.
[1]
All posters shall contain the following information:
[a]
A brief explanation of the proposed site development plan.
[b]
That a public hearing shall be held before the Planning Board on a specified date, and including the time and place of such hearing.
[2]
The poster shall remain in place until the public hearing has been held and must be removed not later than seven days thereafter. The applicant or his agent shall verify that the poster is in place on the date of the hearing.
[3]
The Building and Housing Department may require the applicant to use a poster supplied by the Building and Housing Department and may charge the applicant a reasonable fee therefor.
(d)
Notice. The applicant shall be required to give at least 10 days' notice of the public hearing to the owners of property within 200 feet of the property under application, by certified mail with return receipt, sent to the last known address of the owners of such properties which appear in the last assessment roll filed in the Village Clerk's office. The notice shall be substantially in conformity with the form of the notice which has been approved by the Planning Board, a copy of which will be provided by the Building and Housing Department. The applicant or his agent shall file the return receipts with the Planning Board at or before the time of the public hearing.
[Amended 6-10-2013 by L.L. No. 8-2013]
(4)
Items covered. Site development plan approval by the Planning Board shall be required for secondary actions, the construction of one- and two-family homes and major actions.
(a)
Secondary actions may require only an exploratory hearing. These actions include the following activities:
[1]
The applicant seeks approval to rehabilitate or enlarge a one- or two-family dwelling unit or an accessory structure thereto.
[2]
The applicant seeks approval to add no more than 500 square feet of nonresidential development floor space to an existing building.
[3]
The applicant seeks approval to use, clear or perform earthworks on open land.
[4]
The applicant seeks approval to change the use of a building or structure, the change of use covering a gross floor area of under 1,000 square feet.
(b)
One- and two-family home construction requires only a final hearing.
(c)
Major actions require both an exploratory hearing and a final hearing. Major actions include all activities requiring a building permit or a certificate of occupancy not covered under Subsection A(4)(a) and (b) above.
B.
Application procedure.
(1)
Exploratory hearing. The applicant shall meet in person with the Planning Board at an exploratory hearing to give both the applicant and the Board an opportunity to gain a better perspective of the ramifications of the proposal. This hearing aims to give the Planning Board knowledge of the developer's intent and to guide the applicant in preparing for a final hearing. It also enables the Planning Board to review State Environmental Quality Review Act final conformance. For secondary actions, this hearing may also serve to complete the site development plan review phase, exempting the applicant from further hearing requirements when the Board determines that:
(a)
The secondary action will not have a negative impact upon neighborhood structures and values.
(b)
The actions will not impact upon the need for additional services.
(c)
The actions will not negatively affect environmentally fragile or sensitive areas or resources.
(2)
Sketch plan and drawings. For the exploratory hearing, the applicant shall prepare a sketch plan, including:
(a)
A certified survey showing the parcel(s) under consideration and all properties, subdivisions, streets and easements within 200 feet of the boundaries thereof, except that for secondary actions the survey need only show the existing parcel under consideration.
(b)
General property features, including the location and dimensions of all buildings, parking areas, large trees, watercourses, wetlands and other permanent elements, drawn to scale.
(c)
Existing zoning and special district boundaries and required zoning setback lines.
(d)
A preliminary layout of proposed buildings, parking areas, landscaped areas, roads, utilities and other basic improvements, drawn to scale.
(e)
Design plans and elevations, when applicable for secondary actions.
(f)
A detailed sketch of the proposed earthwork or other use of property for open land or secondary actions.
(3)
Final hearing. At least 15 working days in advance of the Planning Board meeting at which the site development plan is to be presented, the information below must be submitted as required to the Village Clerk's office, in 10 copies, along with a letter of application. All maps submitted must be at a scale of not less than 30 feet to the inch. The information to be submitted will be certified as to its completeness and conformance to all applicable regulations by the Building Inspector. A complete site development plan submission for the construction of a one- or two-family dwelling unit shall include the following:
(a)
An accurate survey, as per the requirement of Subsection B(2)(a).
(b)
Floor plans and elevations.
(c)
Site plan showing setbacks and the location of accessory buildings.
(d)
Suffolk County Health Department approval stamped on the survey.
(e)
A completed short-form environmental assessment form.
(4)
Final hearing for major actions. A complete site development plan for a major action shall include all the following:
(a)
Legal and locational data:
[1]
A location map showing the applicant's entire property and adjacent properties and streets.
[2]
The names of all owners of record of all adjacent properties and the lot, block and section number of the subject property, all as shown in the Village's assessment maps and on a certified survey.
[3]
Existing zoning and special district boundaries.
(b)
Natural features and existing facilities:
[1]
Existing topography, water bodies, streams, wetlands, trees and other prominent physical features.
[2]
Existing site improvements, including walks, curbing, drains, culverts, retaining walls, fences and existing parking and loading areas.
[3]
The location, architectural design and dimensions of all principal and accessory buildings and structures.
(c)
Proposed development:
[1]
The proposed location, use and architectural design and features of all buildings and structures, including, among other elements, the exterior building material, color, roofline and building elevations.
[2]
The location and dimensions of proposed parking and truck loading areas, including access and egress thereto, with proposed grades.
[3]
The location of outdoor storage, if any.
[4]
A description of the method of sewage disposal and location of all facilities and structures.
[5]
The location, size and design of all signs.
[6]
The location of landscaped and buffer areas.
[7]
The location, design and proposed hours of operation of all lighting structures.
(d)
Other elements:
[1]
The name and address of the engineer, architect, surveyor, planner and/or other professional engaged to work on the proposed project.
[2]
A signature block for Planning Board endorsement or approval.
[3]
Any other pertinent information required by the Planning Board which is reasonably related to the health, safety and general welfare of the community, stipulated to the applicant at the exploratory hearing.
[4]
Exceptions. Upon a finding of a majority plus two members of the Planning Board at its exploratory hearing that, due to special conditions peculiar to the site or to the minor nature and impact of the proposal, certain of the information normally required as part of the site development plan review process is unnecessary, excessive, inappropriate or that strict compliance may cause unnecessary hardship, the Planning Board may vary or waive such requirements when found that such waiver or variance will not be detrimental to the public health, welfare, safety or general welfare.
C.
Final hearing and action by Planning Board.
(1)
Final hearing and notice. The Planning Board shall schedule and conduct a final hearing on each final site development plan within 62 days from the date at which it was officially submitted. Public notice of such hearing shall be given by publication in the Village's official newspaper at least five days prior to the date thereof.
(2)
Notice to County Planning Board. At least 10 days before such hearing, the Planning Board shall mail notices thereof to the County Planning Board, as required by § 239-m of the General Municipal Law, which notice shall be accompanied by a full statement of such proposed action, as defined in Subdivision 1 of § 239-m of the General Municipal Law. In the event a public hearing is not required, such proposed action shall be referred before final action is taken thereon.
(3)
Planning Board decision. Within 62 days of the date of the final hearing, the Planning Board shall act to approve, approve with modifications or disapprove the proposed site development plan. A copy of the Board's decision shall immediately be filed in the offices of the Village Clerk and the Building Inspector, and a copy thereof shall be mailed to the applicant.
(4)
Final approval. Within 60 days of the date of approval, the applicant shall present to the Planning Board a corrected final site plan in reproducible form, including any modifications required by the Planning Board as a condition of its approval. The Planning Board may grant the applicant an additional sixty-day extension to provide the modifications required. Failure of the applicant to comply will require a new application for site development plan review. Upon verification by the Planning Board that the plan complies with the requirements of the Board's approval, the plan shall be endorsed by the Planning Board Chairman and filed with the Building Inspector. Where the Planning Board finds that its required modifications were not included in the site development, the Board may either disapprove the plan or require further conformance by the applicant and may require an additional hearing.
D.
Standards for site development plan approval. The following criteria and standards outlined below shall be used by the Planning Board in reviewing applications for site development plan approval. These guidelines are aimed at enhancing the physical, social and economic well-being of Village residents by ensuring that the proposed change will have a positive impact upon the Village and its environment.
(1)
Ecological considerations. The development shall, to the best extent practicable:
(a)
Result in minimal degradation of unique or irreplaceable land types and in minimal adverse impact upon the critical areas such as streams, wetlands, areas of aquifer recharge and discharge, highly erodible soils, areas with a high-water table, mature stands of vegetation and extraordinary wildlife nesting, feeding or breeding grounds.
(b)
Conform to existing geological and topographic features to the end that the most appropriate use of land is encouraged.
(2)
Landscape. The landscape shall be preserved in its natural state, insofar as practicable and environmentally desirable, by minimizing tree and soil removal. If development of the site necessitates the removal of established trees, special attention shall be given to the planting of replacements or to other landscape treatment. Any grade change shall be in keeping with the general appearance of neighboring developed areas. In addition, landscaping shall be added to omit the vast areas of pavement in parking areas and plazas.
(3)
Relation of proposed structures to environment.
(a)
Proposed structures shall be related harmoniously to themselves, the terrain and to existing buildings and roads in the vicinity that have a visual relationship to the proposed structures. The achievement of such harmonious relationship may include the enclosure of space in conjunction with other existing buildings or other proposed buildings and the creation of focal points with respect to avenues of approach, terrain features or other buildings. Proposed structures shall be so sited so as to minimize any adverse impact upon the surrounding area, and particularly upon any nearby residences, by reason of:
[1]
Building location, height, bulk and shadows.
[2]
Location, intensity, direction and times of use of outdoor lighting.
[3]
Likelihood of nuisances.
[4]
Other similar consideration.
(b)
Appropriate natural or artificial screening may be required to minimize any such adverse impact.
(4)
Scenic, historic, archaeological and landmark sites. Scenic, historical archaeological and landmark sites and features that are located on or adjacent to the proposed development shall be preserved and protected insofar as practicable. The reuse or renovation of any existing structure shall be accomplished in an architecturally sensitive manner.
(5)
Surface water drainage. A proposed development shall be designed so as to provide for proper surface water management through a system of controlled drainage that, wherever practicable, preserves existing natural drainage patterns and wetlands and enhances groundwater recharge areas and protects other properties and existing natural and artificial drainage features from the adverse effects of flooding, erosion and the depositing of silt, gravel or stone.
(6)
Driveway connections to public streets. All entrance and exit driveways to public streets shall be located with due consideration for traffic flow so as to afford maximum safety to traffic on the public streets. All such entrances and exits shall be located and designed to:
(a)
Conform to local sight triangle requirements at corners.
(b)
Achieve maximum practicable distance from street intersections and from existing and proposed access connections from adjacent properties.
(c)
Minimize left-hand turns, other turning movements and backing movements.
(d)
Discourage the routing of vehicular traffic to and through local residential streets.
(7)
Traffic effects. The site development proposal generally shall minimize adverse traffic effects on the road networks serving the area in question.
(8)
Pedestrian safety. Insofar as practicable, pedestrian and bicycle circulation shall be separated from motor vehicle circulation. Safe and convenient pedestrian circulation, including appropriate sidewalks, shall be provided on the site and its approaches. The pedestrian circulation plan shall be designed to minimize adverse effects of vehicular traffic upon sidewalks and bicycle paths.
(9)
On-site parking and circulation. The location, width and layout of interior drives shall be appropriate for the proposed interior circulation. The location and layout of accessory off-street parking and loading spaces shall provide for efficient circulation and the safety of pedestrians and vehicles. Insofar as practicable, separate rows or aisles in parking areas shall be divided by trees, shrubbery and other landscaping devices. The location of parking areas shall not detract from the design of proposed buildings and structures or from the appearance of the existing neighboring buildings, structures and landscape. Provision shall be made for access by police, fire and emergency vehicles.
(10)
Utility services. Electric, telephone and other wire-served utility lines and service connections shall be underground insofar as feasible and subject to state public utilities regulations. Any utility installations remaining above the ground shall be located so as to have a harmonious relation to neighboring properties and to the site.
(11)
Disposal of wastes. There shall be adequate provision for the disposal of all solid, liquid and gaseous wastes and for the avoidance of odors and other pollutants that may be generated at the site. All applicable federal, state, county and local pollution control standards shall be observed.
(12)
Noise. All applicable federal, state and local regulations dealing with the control of outside noise which is expected to be generated at the site shall be complied with.
(13)
Advertising features. The size, location, height, design, color, texture, lighting and materials of permanent signs and outdoor advertising structures or features shall not detract from the design of proposed buildings and structures or of the surrounding properties. Outdoor lighting shall be so arranged as to preclude the diffusion of glare onto adjoining properties.
(14)
Special features. Outside storage areas, service and machinery and structures, service areas, truck loading areas, utility buildings and structures and similar accessory areas and structures shall be subject to such setbacks, screen plantings or other screening methods as shall reasonably be required to prevent any adverse effect on the environment or nearby property.
(15)
Architectural design. All proposed buildings shall be of such character in terms of scale, mass, roofing, color and materials so as to harmonize and be compatible with the neighborhood and should help enhance the block or district in which located.
(16)
Specific zone requirements. The site plan shall conform to specific standards and policies incorporated in other sections of this chapter relating to individual zoning districts.
E.
Performance bond. The applicant will be required to post performance bonds pursuant to the applicable provisions of Village Law and in accordance with Article 9A of the Real Property law in sufficient amounts and duration as recommended by the Building Inspector to assure that all streets and other public places shown on the site development plan shall be suitably graded and paved and that street signs, sidewalks, streetlighting standards, curbs, gutters, street trees, water mains, fire alarm signal devices, sanitary sewers and storm drains shall be installed in accordance with standards, specifications and procedures acceptable to the Board of Trustees.
F.
Expiration. A site plan shall be void if construction is not started within three years and completed within four years of the date of the issuance of a building permit or a building permit is not obtained within three years from the date that said site plan is approved, except that such site plan approval may be renewed by the Planning Board, subject to any special conditions, new requirements and scheduling standards deemed necessary and caused by the delay.
G.
Fees.
(1)
The filing fee for each application for site development approval or renewal of the following shall be as set from time to time by resolution of the Board of Trustees:
(a)
One- or two-family dwelling.
(b)
Three- to ten-family-unit dwelling.
(c)
Eleven-family dwelling units or more.
(d)
Accessory structure located in a residential district.
(e)
Any addition to a principal structure located in a residential district.
(f)
Commercial application for conversion to Planning Board.
(g)
Change-of-use applications.
(h)
Commercial site plans.
(2)
The applicant shall pay an inspection fee as shall be set from time to time by resolution of the Board of Trustees of the cost of all on-site improvements as estimated by the Building Inspector or Superintendent of Public Works. The term "on-site improvements" shall include but not be limited to the installation of drainage facilities, the paving of the parking field and the installation of any curbs or sidewalks. This fee is in addition to performance bond requirements.
(3)
The applicant shall be responsible for any fees incurred by the Planning Board pursuant to Subsection L.
H.
Site development plan approval and zoning changes.
(1)
Zoning amendments. In every case in which application is made to the Board of Trustees for any amendment in this chapter, of the Zoning Map or for a special permit, a sketch plan and drawings [See Subsection B(2) above.] shall accompany the application. Said application and plan shall first be referred to the Planning Board, which shall proceed in accordance with the requirements of § 435-72, Referral to and procedure before Planning Board, and in accordance with this section. The Planning Board will hold an exploratory hearing as outlined in Subsection B above. In making a determination on the suitability of the petition and plan, the Planning Board should be guided by sound planning principles.
(2)
Board approval. Should the Board of Trustees approve the zoning application following Planning Board review, it shall refer the application to the Planning Board for a final hearing as outlined in this section.
(3)
Final review. The Planning Board, following its site plan review, will forward a copy of its approved site development plan to the Board of Trustees and, no less than 15 days after, will authorize the Building Inspector to issue a building permit in accordance with said site development plan.
I.
The Planning Board shall adopt such rules as it deems necessary to exercise its power relating to site plans.
J.
The requirements of Article XIV, where applicable, shall be satisfied before site plan approval may be granted by the Planning Board.
K.
A stormwater pollution prevention plan consistent with the requirements of this Code shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Article XV, Stormwater Control, of this chapter. The approved site plan shall be consistent with the provisions of L.L. No. 6-2009.[1]
[1]
Editor's Note: Said L.L. No. 6-2009 was codified as this Subsection K of § 435-82, as § 377-5 of Ch. 377, Subdivision of Land, as Ch. 369, Stormwater Management, and as Art. XV, Stormwater Control, of this chapter.
L.
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, architect, engineer, or other qualified professional for his review, comment and recommendations. When a site plan application is referred to a third party for review, the applicant shall be responsible for any fees incurred by the Planning Board.
M.
Any person who violates or fails to comply with the terms of a site development plan approved pursuant to this chapter shall, upon conviction thereof, be subject to the penalties provided in § 1-1 of the Code of the Village of Patchogue. Each day that such violation continues shall be considered a separate offense and shall be punishable as such.
[Added 7-23-2012 by L.L. No. 5-2012]
§ 435-83 Exceptions to site plan review.
[Added 5-26-1987 by L.L. No. 8-1987]
Notwithstanding the requirements of § 435-83, site plan review shall not be required of the following structures which, nevertheless, shall require a permit from the Building Inspector and which shall comply with all building, construction and zoning laws affecting same:
A.
Swimming pools.
B.
Decks which are located on a parcel whose principal use is one- or two-family residential and which have an elevation which does not exceed four feet above any grade over which they are placed.[1]
[1]
Editor's Note: Original Art. XIV, Flood Damage Prevention, as added 5-26-1987 by L.L. No. 9-1987, which immediately followed this section, was superseded 4-27-1998 by L.L. No. 4-1998. See now Ch. 210, Flood Damage Prevention.