Sag Harbor City Zoning Code
ARTICLE XIV
Planning Board
§ 300-14.1 Establishment; compensation; Chairman; removal of members; vacancies; training.
There shall be a Village Planning Board appointed in accordance with § 7-718 of the Village Law. The Board of Trustees may appoint up to two additional ad hoc members to serve where a member is absent or has a conflict of interest. The term of an ad hoc member shall be one year. Planning Board members shall receive such compensation as the Board of Trustees may from time to time by resolution provide. The Chairman of such Planning Board shall be designated in accordance with § 7-718 of the Village Law. Removal of members of the Planning Board and appointment in case of vacancies shall be in accordance with the provisions of § 7-718 of the Village Law. All members of the Planning Board, including ad hoc members, shall be required to satisfy timely the training and continuing education requirements described in § 7-718 of the Village Law.
§ 300-14.2 Powers and duties.
The Planning Board is hereby empowered and directed to undertake studies and make plans incorporating proposed legislation in the form of amendments to the Zoning Ordinance, having the following objectives:
A.
The designation of those areas and structures which are of historic value and which warrant special action to ensure their preservation.
B.
The conservation and preservation of the natural shoreline and wetlands with special reference and attention to ecological relationship and needs.
C.
The proper use of those portions of the waterfront which are required and most suited for human activities, including both recreation and commerce.
D.
Appropriate changes in this chapter which may incorporate the result of the foregoing studies as well as consider such other elements as business district requirements, traffic and parking, aesthetic and architectural review of new construction and alterations to existing structures, parks and recreation and general land use development.
§ 300-14.3 Site plan review.
A.
Applicability of site plan procedure and standards. Any application for a building permit for any use, building or structure and any change of use from any use described in the Table of Uses[1] herein to another use on said table or to any other use and any enlargement of an existing use shall require site plan approval by the Planning Board. In all cases where this article requires site plan review, no building permit shall be issued by the Building Inspector and no use of premises may be maintained except upon authorization of and in conformity with plans approved by the Planning Board. This article shall not apply to a one- or two-family dwelling but shall apply to any apartment use. Any provision in this subsection or in § 300-14.6A to the contrary notwithstanding, the following changes of use are not subject to site plan review: any change of a permitted use to another permitted use where the use is 3,000 square feet or less; the change of use does not at any time include any common use or occupancy or combination or consolidation of adjacent or nearby space so as to total in excess of 3,000 square feet; the change of use does not have a parking space requirement greater than the parking requirement for the existing use; and the change of use does not include an increased number of gallons per day of sewage flow rate as set forth on the Suffolk County Department of Health Service Standards for Approval of Plans and Construction for Sewage Disposal Systems for Other Than Single-Family Residences, as amended, or any equivalent reference then in use by the Suffolk County Department of Health Services for determination of sewage flow rate.
[1]
Editor's Note: The Table of Uses is included at the end of this chapter.
B.
Objectives of site plan procedure and review.
(1)
In considering and acting upon site plans, the Planning Board shall take into consideration the public health, safety and welfare, the comfort and convenience of the public in general and the residents in 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 section and accomplish the following objectives in particular:
(a)
Traffic access. All proposed traffic accessways are adequate in number, width, grade alignment and visibility, are located in proper relationship with intersections, pedestrian crossings and places of public assembly and are in conformance with overall traffic safety considerations.
(b)
Interior circulation and parking. Adequate off-street parking is provided to satisfy the parking needs of the proposed uses on site, and the interior circulation system is adequate to provide convenient access to such spaces consistent with pedestrian safety.
(c)
Landscaping and screening. All required recreation, parking, service and similar areas are screened at all seasons of the year from view of adjacent residential districts and streets, and the landscaping of the site is in character with that generally prevailing in the neighborhood and enhances the character of the Village.
(d)
Consistency. The development proposed is at a scale and density consistent with existing development, with this Zoning Chapter, with the Comprehensive Plan of the Village, and with the policies of the Local Waterfront Revitalization Program (LWRP).
(e)
Natural features. Due regard shall be paid to all natural features on and adjacent to the site, including but not limited to water bodies, drainagecourses, wetlands, marshes, dunes, bluffs, beaches, escarpments, woodlands, large trees, unique plant and wildlife habitat and flood hazard areas.
(f)
Cultural features. Due regard shall be paid to all cultural features on and adjacent to the site, including historic buildings and sites.
(g)
Pavement. All plazas and other paved areas intended for use by pedestrians shall use such pavement and plant materials so as to encourage their use by pedestrians during all seasons of the year and prevent the creation of vast expanses of pavement.
(h)
Lighting. All outdoor lighting is of such nature and so arranged as to preclude the projection of direct light and glare onto adjoining properties and streets.
(i)
Facades. Building facades shall be compatible with the surrounding area in scale, color, style and material except where any of these features is otherwise regulated or specified under this chapter, in which event the provisions of this chapter shall prevail.
(j)
Drainage. The drainage system and layout proposal will afford an adequate solution to any drainage problems.
(k)
Public utilities. The plans for water supply and sewage disposal are adequate.
(l)
Public-address or sound system. Any sound or public-address system shall be such that no sound from a system shall be audible on adjoining properties or on the adjacent street.
(m)
Physically challenged access. The plan and building design shall accommodate the needs of the physically challenged and be in conformance with the state and federal standards for design and construction concerning the physically challenged, including but not limited to handicapped parking requirements.
(n)
Energy conservation. The site plan and building design shall maximize the conservation of energy.
(o)
Architecture. Architecture shall comply with the purposes and criteria set forth in Article XIII.
(p)
Purposes of this chapter. Any site plan review shall affirmatively comprehend and implement the purposes of this chapter, including, by way of illustration not limitation, the preservation of the present historic character of the VB and adjacent zoning districts and the accumulation of new affordable housing units where reasonably able.
(2)
Nothing herein shall preclude the Planning Board from requiring neighboring properties to participate in the construction of joint or shared improvements, such as parking, access or drainage, provided that a problem has been identified which can be mitigated only by joint action and an implementation plan has been formulated for such mitigation.
§ 300-14.4 Site plan elements.
A.
Submission. A complete site plan application shall consist of:
(1)
A completed site plan application form.
(4)
A site plan.
(5)
For site plans in which additional lighting or a change in existing lighting is proposed, a plan showing existing lighting and proposed exterior lighting that is depicted on a site plan shall be submitted. The following additional information may also be required, as deemed necessary by the Planning Board:
(a)
A lighting fixture schedule indicating manufacturer name, catalog number, lamp source type (i.e., high-pressure sodium), wattage and initial lumens, photometric distribution type (full cutoff), mounting height and shielding descriptions;
(b)
Types of controls and control schedule with proposed hours of operation for each luminaire;
(c)
Iso-footcandle plots for the proposed fixtures if there are a limited number of fixtures. For many fixtures (more than four) or areas of overlap, it may be necessary to include a point-by-point illuminance calculation as noted below;
(d)
Depending on the size of the area to be illuminated and the number of fixtures proposed, the Board may request a point-by-point illuminance (lighting levels in footcandles) calculation at a ten-foot grid (maximum) with summary indicating all initial footcandle levels on the lighting plan, noting the maximum, average and minimum. All exterior luminaries on the property shall be included in the calculation. Property line illuminance calculations must also be shown. Light loss factor (LLF) must equal 1.0 for these calculations; and
(e)
Lighting manufacturer-supplied product information sheets that include photographs of the fixture and indicate the photometric distribution type "full cutoff" of the luminaire (light fixture).
(6)
For site plans in which surveillance cameras are proposed or existing cameras are altered, a plan indicating the location of both existing and proposed surveillance cameras shall be submitted. The following information shall be included as part of the plan:
[Added 9-9-2014 by L.L. No. 12-2014]
(a)
The manufacturer and model of each camera type;
(b)
Whether the camera is a dome type, box type, bullet, or other type;
(c)
Whether the camera is stationary or has a point, tilt, or zoom capabilities;
(d)
The mounting height of the camera above grade; and
(e)
The area which the camera will be monitoring.
B.
Fee.
[Amended 10-8-2013 by L.L. No. 6-2013]
(1)
A fee schedule shall be established, and changed as needed, by resolution of the Board of Trustees. A copy of the fee schedule is on file with the Village Clerk and the Building Department.
(2)
The Planning Board shall have the authority to modify or waive the site plan review fee in whole or in part where such application demonstrates, in the Planning Board's judgment, a substantial public benefit. To modify or waive such fee, the Planning Board must adopt a resolution, by a vote of a majority plus one, stating its findings.
C.
Site plan. The applicant shall cause a site plan map at a minimum scale of one inch equals 40 feet or one inch equals 20 feet to be prepared by a licensed architect, landscape architect, civil engineer or surveyor. The site plan shall include those elements listed herein which are appropriate to the proposed development or uses, as determined by the Planning Board.
(1)
Legal data.
(a)
The name and address of the owner of record.
(b)
The name and address of the person, firm or organization preparing the map, sealed with the applicable New York State license seal and signature.
(c)
The date, North arrow, written and graphic scale, and Suffolk County Tax Map district, section, block and lot numbers.
(d)
The property description shall be prepared by a licensed surveyor or civil engineer. The site plan may reference a land surveyor's map or base reference map. 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.
(e)
The locations, names and existing widths of adjacent streets and curblines.
(f)
The location and owners of all adjoining lands, as shown on the latest tax records.
(g)
The location, width and purpose of all existing and proposed easements, setbacks, reservations and areas dedicated to the public use within or adjoining the property.
(h)
A complete outline of existing easements, filed map restrictions, deed restrictions or covenants applying to the property, and a copy of each of the foregoing shall be attached to any application, failing which any such application shall not be deemed complete.
(i)
Existing zoning.
(2)
Natural features.
(a)
Existing contours with intervals of two feet or less referred to NGVD datum. In addition, spot elevations may be required by the Planning Board as circumstances require, in the judgment of the Planning Board.
(b)
The approximate boundaries of any areas subject to flooding or stormwater overflow, including wetlands.
(c)
The location of existing natural features.
(d)
The location of any existing cultural features.
(e)
The location of any Federal Emergency Management Agency floodplain boundary lines and required base flood elevations, including freeboard requirements, where applicable.
(3)
Existing structures and utilities.
(a)
Outlines of all structures and location of all uses not requiring structures.
(b)
Paved areas, including parking areas, sidewalks and vehicular access between the site and public streets.
(c)
Locations, dimensions, grades and flow direction of any existing culverts or waterlines, 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 use of all buildings and structures within 200 feet of the boundary of the subject property.
(4)
Proposed development.
(a)
The location of proposed buildings or structural improvements, indicating setbacks from all property lines and horizontal distances from existing structures.
(b)
The location and design of all uses not requiring structures, such as off-street parking areas and pedestrian circulation. Parking calculations shall be shown.
(c)
The location, direction, power and time of use for any proposed outdoor lighting or public-address systems.
(d)
The location and plans for any outdoor signs which must be in accordance with applicable sign regulations.
(e)
Grading and drainage plans shall be based on a two-inch rainstorm retention; drainage calculations, contours and spot grade elevations to be shown; test hole data as necessary.
(f)
Landscaping, buffering and street tree plans, including material, size, quantity and location. A list of plantings shall also be shown.
(g)
The location of water and sewer mains, electrical service and cablevision installations, location of water valves and hydrants and/or any alternate means of water supply and sewage disposal and treatment.
(h)
An indication that all storage areas for materials, vehicles, supplies, products or equipment shall be located in either a side or rear yard in compliance with this chapter, and those areas are adequately fenced or screened.
(i)
If the site plan only indicates a first stage, a supplementary plan shall indicate ultimate development.
(j)
The location of any fire hydrant, cistern, well or other fire-protection device.
(k)
Any other information deemed by the Building Inspector or the Planning Board to be necessary and/or useful to determine conformity of the site plan with the spirit and intent of this chapter, specifically including any such information necessary to allow the Architectural Review Board and the Harbor Committee to provide a timely advisory report, as provided in § 300-14.5D of this chapter.
(5)
Licensed professionals. Unless waived by the Planning Board, plans for all required improvements must be submitted by a professional engineer or licensed architect or, if appropriate, a registered landscape architect. Installation of such improvements must be under the direct supervision of a registered architect or licensed engineer.
§ 300-14.5 Site plan application procedure.
A.
Presubmission conference. Prior to the submission of a site development plan described below, the applicant or their agent shall meet with the Planning Board or the Board of Trustees if the application requires a special exception use permit from the Board of Trustees in the form of a presubmission conference. The presubmission conference shall constitute a public hearing. The purpose of such conference shall be to discuss proposed uses or development of the site and to allow the Planning Board and/or Board of Trustees to determine conformity with the provisions and intent of this chapter, including, but not limited to, a discussion and preliminary analysis pursuant to the State Environmental Quality Review Act (SEQRA).[1] The public may listen to, participate in, and comment on said discussion during the presubmission conference.
[Amended 2-14-2023 by L.L. No. 1-2023]
(1)
The following projects shall be subject to the presubmission conference requirement herein:
(b)
The construction or placement of any new nonresidential building or structure, including an accessory building or structure;
(c)
The conversion of an existing building, in whole or in part, from a residential use to a nonresidential or mixed use;
(d)
The expansion of an existing nonresidential building or structure, including an accessory building and structure, which results in an increase in the total floor area;
(e)
The conversion of an existing nonresidential use, in whole or in part, to another nonresidential use such that it increases the intensity of on- or off-site impacts;
(f)
The construction of a multifamily building or the conversion of an existing residential structure containing one or two dwelling units to a multifamily structure;
(g)
The construction or expansion of paved areas or other impervious surfaces, including, but not limited to, walkways, access drives, and parking lots, involving an area of 2,000 square feet or greater within any two-year period;
(h)
Land disturbance, clearing, grading, or filling involving 2,000 square feet or greater.
(2)
The following projects shall be excluded from the presubmission conference requirement herein:
(a)
Applications for a change of zone, including planned development districts, approved by the Village Board, within five years from the date of approval.
(b)
Use variance applications that were approved by the Zoning Board of Appeals, within five years from the date of approval.
(c)
Applications for fire, police, ambulance, or other emergency services.
(3)
Notwithstanding the above list, prior to the submission of a site development plan, the applicant or their agent may meet with the Planning Board for the above-described purposes.
(4)
The Planning Board or Board of Trustees shall publish notice of said conference at least 10 days prior to the scheduled date of the conference, in a newspaper of general circulation. No additional advertisement shall be required for any adjournment date.
(5)
In addition, the applicant or their agent shall erect or cause to be erected a sign, which shall be displayed on the parcel for which the conference is to be held, facing each public street on which the property abuts, giving notice that a conference will be held before the Planning Board for site plan approval and stating the time and place where the conference will be held. The sign shall not be located more than 10 feet from the street line and shall not be less than two nor more than six feet above the natural grade at the street line. The sign shall be furnished by the Planning Board, and only such sign(s) shall be used. The sign shall be displayed not less than 10 days immediately preceding the presubmission conference or any adjournment date. The applicant shall file an affidavit with the Planning Board that he/she has complied with the provisions of this section. Failure to submit such affidavit shall result in the adjournment of the presubmission conference and reposting pursuant to this section.
(6)
Within 10 days following said presubmission conference, the public may submit written comments to the Planning Board regarding the applicant's proposed project, which comments are relevant to the objectives of the site plan review process as articulated in § 300-14.3B herein and SEQRA.[2]
[2]
Editor's Note: See Environmental Conservation Law § 8-0101 et seq.
(7)
Within 60 days following the close of the 10 day written comment period after the presubmission conference, the Planning Board shall issue a report providing the applicant with feedback and/or comments which may include a short description of issues the applicant should address going forward, any additional information the Board may want to review, and a brief statement of the Board's approach to the proposed project.
[Amended 3-12-2024 by L.L. No. 3-2024]
(8)
Nothing shall preclude or bind the Planning Board from issuing or changing its recommendation if new information or a change in circumstances arises at or prior to the next formal application stage. The report of the Planning Board shall be valid for a period of one year from the date of issuance. No further Planning Board action will be taken after such expiration until a new presubmission conference has been held.
(9)
The fee for said presubmission conference applications shall be established, and changed as needed, by resolution of the Village Board of Trustees. A copy of the fee schedule is on file in the Village Clerk's office and the Building Department.
[1]
Editor's Note: See Environmental Conservation Law § 8-0101 et seq.
B.
Within one year following the presubmission conference, nine copies of the site development plan application and any related information shall be submitted to the Planning Board. Within 30 days of receipt of the application, the Planning Board shall determine whether said application is complete. If the Planning Board determines said application to be incomplete, it shall forthwith notify the applicant wherein said application is deficient. The Planning Board may extend the time within which the applicant must submit a complete application beyond this one-year period in the Board's discretion and on a case-by-case basis. The Planning Board, upon letter application, may waive any of the site plan elements set forth in § 300-14.4C(1) to (4).
[Amended 2-14-2023 by L.L. No. 1-2023]
C.
If the Planning Board determines further information is required, the Planning Board shall promptly notify the applicant and advise how the application is deficient.
D.
Referrals.
(1)
If the Planning Board determines the application is complete, it shall transmit the application and/or solicit comments and review from the Fire Marshal, the Fire Department and the ambulance corps with jurisdiction, the Board of Historic Preservation and Architectural Review (BHPAR), the Harbor Committee or other municipal or county agency or district with jurisdiction or potentially affected by the proposed development. The Planning Board shall comply with the referral requirements of §§ 239-m and 239-nn of the General Municipal Law.
(2)
In the case of a site plan application requiring a zoning variance, the site plan may be subject to a preliminary review by the Planning Board prior to any action by the Board of Appeals.
(3)
In case of a site plan application requiring a consistency determination under LWRP, the site plan shall be referred to the Harbor Committee for an advisory report prior to any action by the Planning Board.
(4)
The Fire Marshal, the Fire Department and the ambulance corps with jurisdiction, BHPAR and Harbor Committee shall forward their comments to the Planning Board within 62 days of the request for comments and preliminary review. Absence of any response following this period shall be deemed to mean there are no potential adverse impacts to community services solicited upon preliminary review and no additional requirements are considered necessary by such agency for consideration by the Board in its approval of the site plan. Any agency requesting a thirty-day extension of time to respond shall be accorded such extension upon request.
E.
Public hearing. If the Planning Board determines that a public hearing is necessary, it shall schedule and hold the same within 62 days of determining the application is complete. In determining whether or not to hold a public hearing, the Planning Board shall consider the degree of public interest in the application and the extent to which a public hearing can aid the decisionmaking process by providing a mechanism for collection of relevant data.
F.
Notice. Notice of the hearing shall be given to the applicant and be made by publication at least 10 days prior to such hearing in the official newspaper of the Village. In addition to such notice, the applicant shall mail a copy of the public notice by certified mail, return receipt requested, at least 10 days prior to the date of the hearing to all owners of property which lies adjacent and/or directly opposite (by extension of lot lines through any street) to that owned by the applicant as determined by their appearance on the last completed assessment roll of the Village and shall file proof of that mailing with the Secretary to the Planning Board not less than five days before the hearing.
G.
Decision. Within 62 days of conclusion of the public hearing or, if none was held, within 62 days of determining the application is complete, the Planning Board shall determine whether the site plan application complies with the purposes and specifications of the Zoning Code and shall so inform the Building Inspector and Village Clerk and the applicant, in writing, of its approval, approval with modifications, or disapproval. This sixty-two-day period may be extended by the Planning Board upon the written consent of the applicant. All decisions of the Planning Board shall be in writing and bear the signature of the Chairperson or Acting Chairperson.
[Amended 9-9-2014 by L.L. No. 12-2014]
H.
No application shall be deemed complete until any review process required pursuant to the State Environmental Quality Review Act (SEQRA) has been completed or if a positive declaration is made.
I.
Amendments to a site plan shall be processed in the same manner as an application for site plan review except as the Planning Board may waive any of the requirements herein on any such amendatory application. Any such application shall comply with all applicable requirements under SEQRA. Any applicant who receives site plan approval will be required, as a condition of approval, to execute an affidavit which states that the applicant will notify the new property owner of the special conditions to the site plan approval in the event that he/she sells the property.
J.
An approved site plan shall be valid for a period of two years from the date of approval. All work proposed on the plan shall be complete within two years from the date of approval unless a longer period was approved or the applicant obtains an extension from the Planning Board.
K.
No excavation, demolition, filling, regrading, clearing, tree removal or any other work in preparation of future use of a site may take place until site plan approval and express written permission has been received from the Planning Board.
L.
A statement shall be placed on all site plans approved by the Planning Board to the effect that the owner agrees to comply with the plan and all conditions noted thereon. The owner or a bona fide agent responsible for completion of the work shall be required to sign such statement and provide such guaranty in an amount determined by the Planning Board before any approved plans will be released by the Planning Board. In the event that the site plan is not signed by the owner or his agent within 90 days of the date of the resolution of the Planning Board approving the plan, the resolution shall be deemed null and void. The Planning Board may extend the ninety-day period as circumstances require.
M.
To obtain a building permit, an applicant shall submit an undertaking secured by cash or other surety acceptable to the Village Board of Trustees to guarantee performance of required improvements. No certificate of occupancy shall be issued nor any undertaking released until all requirements of site plan approval, including construction of improvements, are completed in a manner satisfactory to the Planning Board.
N.
Where a site plan application also requires approval for a special exception use, any building permit which is issued shall be in accordance with both the conditions established for the special exception use as well as for the site plan. Where both special exception use and site plan approval are required, each application may be processed concurrently, excepting as may be required by SEQRA.
§ 300-14.6 Waiver of requirements.
A.
The Planning Board may waive the strict application of the submission requirements set forth hereinabove in the following instances:
(1)
Where the application involves minor additions or renovations, including structural repair or replacement occasioned by accidental damage, long-term deterioration or compliance with the requirements of health, safety or fire regulations, provided that none of the foregoing involve a change of use or an expansion of floor area devoted to the primary use of the premises.
(2)
Change of use, provided that the change of use:
(a)
Does not result in an increase in the floor area;
(b)
Does not have a parking space requirement greater than the parking space requirement for the existing use as is set forth in the schedule of off-street parking space requirements of this chapter;
(c)
If either the existing use or the new use, or both, is not listed as a permitted or special exception use in the Table of Uses, then the provisions of this subsection shall not apply, and the application shall be reviewed as a full site plan; and
(d)
Does not result in different, increased, new or additional Health Department requirements.
B.
In the case of a waiver, the Planning Board shall be empowered to require such information from the applicant as it deems necessary to ensure that the spirit and intent of site plan review is carried out.
C.
Where the Planning Board has elected to waive full site review as provided herein, no public hearing shall be required; however, the decision to waive shall be by formal resolution at a regular public meeting of the Planning Board.
§ 300-14.7 Violations and penalties.
Any violation of the approval or conditions, including specific covenants or easements, established by the Planning Board with respect to a site plan application shall be deemed a violation of this chapter punishable under the provisions of § 300-17.6.