Port Jefferson City Zoning Code
ARTICLE XII
Planning Board
§ 250-51 Establishment. [1]
[Added 10-5-2009 by L.L. No. 13-2009]
A.
There shall be a Planning Board of five members pursuant to the provisions of § 7-712 of the Village Law.
B.
Up to two alternate members of the Planning Board shall be appointed by the Mayor, such appointments to be subject to the consent of the Board of Trustees, for a term of one year.
C.
The Chairperson of the Planning Board may designate an alternate to substitute for a member when such member is unable to participate on an application or a matter before the Board. When so designated, the alternate member shall possess all the powers and responsibility of such member of the Board. Such designation shall be entered into the minutes of the initial Planning Board meeting at which the substitution is made.
D.
All provisions of state law relating to the Planning Board member eligibility, vacancy in office, removal, compatibility of office and service on other boards, as well as any other provisions of the local law/local ordinance relating to training, continuing education, compensation and attendance, shall also apply to alternate members.
§ 250-51.1 Approval of conditional uses.
[Amended 4-7-1982 by L.L. No. 1-1982; 11-5-1986 by L.L. No. 8-1986; 3-23-1998 by L.L. No. 2-1998; 11-8-1999 by L.L. No. 7-1999; 9-22-2003 by L.L. No. 11-2003; 10-5-2009 by L.L. No. 14-2009]
A.
On application and after public notice and hearing, the Planning Board may authorize the issuance, by the Building Inspector, of permits for any of the conditional uses for which this chapter requires a permit or approval by the Planning Board in the district in which such use is proposed to be located. In approving any such use, the Planning Board shall take into consideration the public health, safety and welfare, the comfort and convenience of the public in general and of the residents of the immediate neighborhood in particular and may prescribe appropriate conditions and safeguards as may be required in order that the result of its action may, to the maximum extent possible, further the expressed intent of this chapter and the accomplishment of the following objectives, in particular:
(1)
That all proposed structures, equipment or material shall be readily accessible for fire and police protection.
(2)
That the proposed use shall be of such location, size and character that, in general, it will be in harmony with the appropriate and orderly development of the district in which it is proposed to be situated and will not be detrimental to the orderly development of adjacent properties in accordance with the zoning classification of such properties.
(3)
That, in the case of museums and libraries, the building coverage and the proximity of such museums and libraries to any property or street line will be of such a character as will be in harmony with the appropriate and orderly development of the district in which they are proposed to be situated and will not be detrimental to the orderly development of adjacent properties in accordance with the zoning classifications of such properties.
(4)
That, in addition to the above, in the case of any use located in or directly adjacent to a residential district:
(a)
The location and size of such use, the nature and intensity of operations involved in or conducted in connection therewith, its site layout and its relation to access streets shall be such that both pedestrian and vehicular traffic to and from the use and the assembly of persons in connection therewith, will not be hazardous or inconvenient to or incongruous with said residential district or conflict with the normal traffic of the neighborhood; and
(b)
The location and height of buildings, the location, nature and height of walls and fences and the nature and extent of landscaping on the site shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings.
(5)
Posters required; fee.
(a)
Posters, not more than 200 feet apart along the street line of the property which is the subject of the application, not less than 24 inches by 36 inches in size, must be conspicuously posted along the entire length of each street frontage of the property which is the subject of the appeal at least 10 days prior to the date set for the public hearing before the Planning Board. Such poster shall contain the following information:
[Amended 12-21-2009 by L.L. No. 18-2009]
(b)
The applicant shall be required to file an affidavit of posting with the Secretary or Clerk of the body before whom the public hearing shall be held not later than the date specified for the public hearing.
(c)
The applicant shall pay a fee as set forth in the Table of Fees[1] for each poster required to be displayed pursuant to this section in connection with any application.
[Amended 12-21-2009 by L.L. No. 18-2009; 11-15-2010 by L.L. No. 10-2010]
[1]
Editor's Note: The Table of Fees is included as an attachment to this chapter.
B.
Each application for a conditional use shall be accompanied by a proposed plan showing the Tax Map section, block and lot; tax item number; current zoning; the size and location of the lot; the location of all buildings and proposed facilities, including access drives, parking areas and all streets within 200 feet of the lot; together with a fee.[2]
[2]
Editor's Note: Said fee is located in the Table of Fees included as an attachment to this chapter.
D.
Any use for which a conditional use permit may be granted shall be deemed to be a conforming use in the district in which such use is located, provided that such permit shall be deemed to affect only the lot or portion thereof for which such permit shall have been granted.
E.
The Planning Board may require that conditional use permits be periodically renewed. Such permits shall terminate at the end of the stated period and may be renewed following submission for renewal to the Planning Board as provided in this section. Applications for renewal shall be submitted at least 45 days prior to the expiration of a permit. The Planning Board shall not unreasonably withhold renewal.
F.
The Planning Board shall act to approve or disapprove a conditional use application within 62 days after the close of the public hearing thereon.
§ 250-52 Approval of site development plans.
In all cases where this chapter requires approval of site development plans by the Planning Board, no building permit shall be issued by the Building Inspector except upon authorization of and in conformity with the plans approved by the Planning Board.
A.
Objectives. In considering and acting upon site development plans, the Planning Board shall take into consideration the public health, safety and welfare, the comfort and convenience of the public in general and of the residents of the immediate neighborhood in particular and may prescribe appropriate conditions and safeguards, including the preservation of existing trees and/or replacement of cut, removed or destroyed trees, and/or regrading, as may be required in order that the result of its action may, to the maximum extent possible, further the expressed intent of this chapter and the accomplishment of the following objectives in particular:
[Amended 6-11-1975 by L.L. No. 9-1975]
(1)
Traffic access: that all proposed traffic access and ways are adequate but not excessive in number; adequate in width, grade, alignment and visibility; not located too near street corners or other places of public assembly; and other similar safety considerations.
(2)
Circulation and parking: that adequate off-street parking and loading spaces are provided to prevent parking in public streets of vehicles of any persons connected with or visiting the use and that the interior circulation system is adequate to provide safe accessibility to all required off-street parking lots.
(3)
Landscaping and screening: that all playground, parking and service areas are reasonably screened at all seasons of the year from the view of adjacent residential lots and streets and that the general landscaping of the site is in character with that generally prevailing in the neighborhood.
(4)
Trees, grading and land clearing: that the indiscriminate and excessive cutting of trees and the improper, indiscriminate or excessive clearing or grading of land to be prevented in order to prevent the creation of barren and unsightly conditions, increased surface drainage problems, increased municipal costs to control drainage and the destruction of barriers to soil erosion. Preservation of existing trees over nine inches in diameter measured three feet above the base of the trunk is an important part of this objective.
(5)
Museums and libraries: that, in the case of museums and libraries, the building coverage and the proximity of such museums and libraries to any property or street line are such that streets at corners are not blinded from view and that adjacent properties are not interfered with and are consistent with similar safety and zoning considerations.
(6)
Parks and playgrounds: that, in the case of residential use (in whole or in part), adequate parks and playgrounds be provided for the Village.
[Added 10-1-2001 by L.L. No. 19-2001]
B.
Effect of site development plan approval.
(1)
No building permit shall be issued for any structure covered by this section until an approved site development plan or approved amendment of any such plan has been secured by the applicant from the Planning Board and presented to the Building Inspector.
(2)
No certificate of occupancy will be issued for any structure or use of land covered by this section unless the structure is completed or the land is developed or used in accordance with an approved site development plan or approved amendment of any such plan.
(3)
Should any site plan approval involve any of the areas specified in Article XIII, § 250-53B(5), then the matter shall be referred, prior to final action by the Planning Board, to the Suffolk County Planning Commission in accordance with § 239-m of Article 12-B of the General Municipal Law.
C.
Procedure.
(1)
Presubmission conference and work session.
[Amended 9-5-1973; 8-3-2009 by L.L. No. 3-2009; 1-25-2010 by L.L. No. 2-2010; 9-9-2013 by L.L. No. 5-2014]
(a)
Prior to the submission of a site development plan, the applicant or a representative of the applicant shall meet in person with the Planning Board or its representative. The purpose of such meeting shall be to discuss the application to determine, among other things, which of the site development plan elements listed in Subsection D(1) shall be submitted to the Planning Board in order for the Planning Board to determine conformity with the provisions and intent of this chapter. No presubmission conference shall be scheduled until and unless a presubmission application form is completed in its entirety and submitted to the Planning Board, together with any fee required in the Table of Fees.[1]
[1]
Editor's Note: The Table of Fees is included as an attachment to this chapter.
(b)
In addition to the above, in all cases of commercial subdivisions and where otherwise required by the Director of Planning and Engineering of the Village, a work session will be scheduled at which the applicant and/or the applicant's representative will be present to discuss said application with representatives of Village Boards, departments, committees and all other municipal agencies, etc., having jurisdiction over said application (with the exception of the Zoning Board of Appeals). The purpose of any such work session will be to discuss and review the specifics of the application and to scope out a plan for a coordinated, comprehensive review of its impact on the Village and its residents. In determining whether such a work session shall be convened, the Director of Planning and Engineering shall take into account the nature of the proposed project, its cost, environmental impact, required variances and similar concerns.
(2)
The Planning Board shall act to approve or disapprove any such site development plan within 62 days after the close of any required public hearing or, if no public hearing is required, within 62 days after its receipt of a complete application for site plan approval, including, but not limited to, compliance with all requirements of the State Environmental Quality Review Act. Planning Board disapproval shall include written findings upon any site development plan element found contrary to the provisions or intent of this chapter.
[Amended 11-8-1999 by L.L. No. 7-1999]
(3)
Amendments to a site development plan shall be acted upon in the same manner as to the approval of the original plan.
(4)
Fees shall be calculated according to the Building Permit Fee Schedule in § 250-44E(1) and (2) applied only to the total square footage of the largest story (level) within the proposed construction.
[Amended 3-7-1984 by L.L. No. 2-1984; 11-5-1986 by L.L. No. 8-1986; 4-8-1987 by L.L. No. 2-1987]
(5)
The Planning Board shall require, prior to site plan approval, a bond to cover all screening shown on said site plan. Said bond shall run for a period of three years.
(6)
The Planning Board shall require a bond for on-site and off-site improvements and an inspection fee.[2] The fee will be payable prior to issuance of a building permit, or where no permit is required, the fee will be payable before issuance of a certificate of occupancy.
[Added 8-4-1971; amended 9-22-1976 by L.L. No. 8-1976; 3-8-1979 by L.L. No. 3-1979; 3-7-1984 by L.L. No. 2-1984]
[2]
Editor's Note: Said fee is located in the Table of Fees included as an attachment to this chapter.
(7)
For a period of six consecutive months from the effective date of this Subsection C(7), no application will be accepted, considered or processed by the Planning Board for any property located in the M-W, I-2 or P-O Zone. The purpose of this six-month moratorium is to allow the Board of Trustees to consider proposed amendments to this chapter setting forth parking requirements for property within these zones.
[Added 4-27-1998 by L.L. No. 4-1998; amended 9-14-1998 by L.L. No. 11-1998]
(8)
Stormwater pollution prevention plan. A stormwater pollution prevention plan consistent with the requirements of Chapter 213, Article I, of the Village Code shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Chapter 213, Article I, of the Village Code. The approved site plan shall be consistent with the provisions of Chapter 213, Article I, of the Village Code.
[Added 6-25-2007 by L.L. No. 2-2007]
D.
Site development plan elements. The applicant shall cause a site development plan map to be prepared by a civil engineer or another qualified person. Site development plan elements shall include those listed below which are appropriate to the proposed development or use as indicated by the Planning Board or its representatives in the presubmission conference and shall be stamped and sealed by a licensed engineer or surveyor.
(1)
Legal data.
(a)
The Tax Map section, block and lot number of the property taken from the latest tax records.
(b)
The name and address of the owner of record.
(c)
The name and address of the person, firm or organization preparing the map.
(d)
The date, North point and written and graphic scale.
(e)
A sufficient description or information to define precisely the boundaries of the property. All distances shall be in feet and hundredths of a foot. All angles shall be given to the nearest 10 seconds or closer. The error of closure shall not exceed one in 10,000.
(f)
Locations, names and existing widths of adjacent street rights-of-way and curblines.
(g)
The location and owners of all adjoining lands as shown on the latest tax records.
(h)
The location, width and purpose of all existing and proposed easements, setbacks, reservations and areas dedicated to public use within or adjoining the property.
(i)
A complete outline of existing deed restrictions or covenants applying to the property.
(j)
The existing zoning of the site and all adjacent sites.
(k)
The Planning Board may require current field references of existing topographical information with existing contour lines at intervals of five feet or less, as required by the Planning Board.
(2)
Natural features.
(a)
Existing contours with intervals of two feet or less, referred to a datum satisfactory to the Board. The contour interval may be altered by agreement and permission of the Planning Board.
(b)
The location and width of any existing watercourses, marshes, wooded areas and individual trees.
(c)
Approximate boundaries of any areas subject to flooding or storm overflows.
(d)
The location of existing watercourses, marshes, wooded areas, rock outcrops, single trees with a diameter of 12 inches or more measured three feet above the base of the trunk and other significant existing features.
(3)
Existing structures and utilities.
(a)
The location of uses and outlines of structures drawn to scale on and within 100 feet of the lot line.
(b)
Paved areas, sidewalks and vehicular access between the site and public streets.
(c)
Locations, dimensions, grades and flow direction of existing sewers, culverts and water lines, as well as other underground and aboveground utilities within and adjacent to the property.
(d)
Other existing development, including fences, landscaping and screening.
(e)
The location and design of external lights and lighted areas.
(4)
Proposed development.
(a)
The location of proposed buildings or structural improvements, architectural features and landscaping.
(b)
The location and design of all uses not requiring structures, such as off-street parking and loading areas.
(c)
The location and plans for any outdoor signs.
(d)
The location, direction, power and time of use for any proposed outdoor lighting and public-address system.
(e)
The location and arrangement of proposed means of access, including sidewalks, driveways or other paved areas, and profiles indicating grading and cross sections showing width of sidewalks and the location and size of utility lines.
(f)
Any proposed cutting or removal of trees, grading, land clearing, screening and other landscaping, all set forth in detail sufficient enough for the Planning Board to ascertain, upon visual inspection of the site, either during or after completion of the work, whether such proposals have been adhered to.
[Amended 6-11-1975 by L.L. No. 9-1975]
(g)
The location of all proposed water lines, valves and all sewer lines or alternate means of water supply and sewage disposal and treatment.
(h)
An outline of any proposed deed restrictions or covenants.
(i)
Any contemplated public improvements on or adjoining the property.
(j)
If the site development plan only indicates a first stage, a supplementary plan shall indicate ultimate development.
(k)
If the Planning Board has made a finding that a proper case exists for requiring that a park or parks be suitably located for playgrounds or other recreational purposes within the Village, including an evaluation of the present and anticipated future needs for park and recreational facilities in the Village based on projected population growth to which the particular site plan will contribute, the location and description of a park or parks suitably located for playground or other recreational purposes within the site plan. If the Planning Board makes a finding that the proposed site plan presents a proper case for requiring a park or parks suitably located for playgrounds or other recreational purposes but that a suitable park or parks of adequate size to meet the requirements cannot be properly located on such site plan, the Planning Board may require a sum of money in lieu thereof to be established by the Village Board of Trustees.
[Added 10-1-2001 by L.L. No. 19-2001]
[1]
In making such determination of suitability, the Board shall assess the size and suitability of lands shown on the site plan which could be possible locations for park or recreational facilities, as well as practical factors, including whether there is a need for additional facilities in the immediate neighborhood. Rooftop decks, patios, and other common areas not accessible to the general public shall not be considered park or recreational facilities for the purposes of this section.
[Amended 9-3-2019 by L.L. No. 13-2019]
[2]
Any moneys required by the Board of Trustees in lieu of land for park, playground or other recreational purposes, pursuant to the provisions of this section, shall be deposited into a trust fund to be used by the Village exclusively for park, playground or other recreational purposes, including the acquisition of property.
[3]
Notwithstanding the foregoing, if the land included in a site plan under review is a portion of a subdivision plat which has been reviewed and approved, the Planning Board shall credit the applicant for any land set aside or money donated in lieu thereof under such subdivision plat approval.
[4]
In the event of resubdivision of such plat, nothing shall preclude the additional reservation of parkland or money donated in lieu thereof.
(5)
Any other information deemed by the Planning Board necessary to determine conformity of the site plan with the intent and regulations of this chapter.
(6)
Whenever, pursuant to the provisions of this chapter, the Planning Board authorizes or approves or disapproves any use, permit, site development plan, certificate or other thing, authorization and approval or disapproval in all cases shall be subject to reversal, disapproval or modification and approval by the Village Board of Trustees. The Board of Trustees, in any case, on its own motion and within 30 days of the action of the Planning Board, may reverse, disapprove or modify and approve the authorization and approval of the Planning Board, and on reversing, disapproving or modifying and approving the action of the Planning Board, the Board of Trustees may return the matter to the Planning Board for further consideration or the Board of Trustees may make such order, determination or issue such approval or authorization as in its judgment should be made in the circumstances.
E.
Expiration of approval of site development plan. Subject to the provisions of Subsection F below, unless construction is commenced and diligently pursued within 24 months of the date of approval of a site plan, such approval shall become null and void. Resubmission of a site plan, with or without modification, will necessitate fees and processing as a new application. The fact of previous approval does not assure approval of the resubmitted site plan. A resubmitted site plan must be considered in light of conditions and factors as they exist at the time of resubmission.
[Amended 7-8-1996 by L.L. No. 10-1996; 9-8-2014 by L.L. No. 22-2014]
F.
Extension of approval of site development plan. The Planning Board may, upon written application and payment of required fees,[3] made before the expiration of the 24 months referenced in Subsection E above, extend the time for such commencement and diligent pursuit for an additional period not to exceed 12 months. No more than one such extension shall be given. In considering an application for an extension, the Planning Board shall consider all relevant factors, including any change of circumstances that may have occurred since the site development plan was first approved.
[Added 7-8-1996 by L.L. No. 10-1996; amended 9-8-2014 by L.L. No. 22-2014]
[3]
Editor's Note: The fee for an extension of site development plan is located in the Table of Fees included as an attachment to this chapter.
G.
It is the intention of the Board of Trustees to protect the health, safety and welfare of those residing in neighboring properties and the community-at-large from the impacts of land development and to facilitate the expeditious processing of applications by providing the Planning Board with a mechanism by which it can seek the assistance of outside professionals and/or commission independent studies at the applicant's expense to assist in evaluating any matter over which the Board has jurisdiction.[4]
[Added 8-25-2008 by L.L. No. 6-2008]
(1)
As a condition of processing any matter over which it has jurisdiction, the Planning Board may at any time require the applicant to pay for the reasonable costs of such independent studies and/or outside consultants as may be reasonably related to the matter under review. All such costs shall be paid by cash or certified check and are in addition to any required fee. Within 30 days of the date on the written request for payment, the applicant shall submit to the Building Department for deposit into a non-interest-bearing trust and agency account maintained by the Village an amount determined by the Planning Board or its designee to be utilized by the Village to pay for services during the review process. Upon request, the applicant shall be provided copies of invoices submitted to the Village for the work of outside consultants and studies. In the event the sum initially deposited by the applicant is not sufficient and additional funds are necessary, the applicant shall pay such additional sums within 20 days of the date on the written request for payment. After all reasonable charges have been paid to the vendor(s) by the Village, any balance remaining on deposit in the account shall be returned to the applicant. In the event an application is withdrawn at any stage by the applicant, any unused portion of the sums on the deposit shall be returned to the applicant.
(2)
In its discretion, the Planning Board may adopt or reject, in whole or in part, the findings and determinations of any consultant or study commissioned by the Board or the applicant.
[4]
Editor's Note: Former Subsection G, regarding alternatives to on-site parking, added 5-7-2001 by L.L. No. 9-2001, as amended, was repealed 7-24-2006 by L.L. No. 5-2006.