Southampton Village
City Zoning Code
City Zoning Code
ARTICLE VII
Administration and Enforcement
§ 116-36 Interpretation of provisions.
In applying and interpreting this chapter, its provisions shall be held to be minimum requirements adopted for the promotion of safety, morals, comfort, convenience and the general welfare. The following specific regulations shall apply:
A.
A minimum required lot or yard size for one building or structure shall not be used in whole or in part as any part of a required lot or yard for a second structure.
B.
The required lot or yard for an existing building or structure shall not be diminished below the minimum requirements of this chapter.
C.
The parking spaces required for one building or structure or use shall not be included in the computation of required parking spaces for a second building or structure or use.
D.
Nothing contained in this chapter shall be taken to repeal, abrogate, annul or in any way impair or interfere with the Building Code[1] or any rules or regulations adopted or issued thereunder, or any other provisions of law or ordinance or regulations, existing or as may be adopted in the future, when not in conflict with any of the provisions of this chapter. Nor it is intended by this chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that when this chapter imposes a greater restriction upon the use of buildings, structures, premises, lots or land or upon the height of buildings or structures, or requires larger lots, yards, courts or other open spaces than imposed or required by such other provision of law, ordinance or regulation or by such easements, covenants or agreements, the provisions of this chapter shall control.
E.
Wherever the provisions of any other law or ordinance or regulations impose a greater restriction than this chapter, the provisions of such other law or ordinance or regulations shall control.
F.
No provision contained in this chapter shall be construed as justifying the encroachment of any building or structure within any street lines now or hereafter laid down on any subdivision plat filed in the office of the County Clerk or within any federal, state, county or municipal street or highway.
§ 116-36.1 Protection of Village trees during course of construction.
[Added 10-9-2008 by L.L. No. 8-2008]
A. SHOULDER VILLAGE TREE
Definitions. As used herein, the following terms shall have the meanings indicated:
The portion of the right-of-way of a public street which is not paved or similarly improved for vehicular use.
Any tree located on the right-of-way of a public street.
B.
No person involved in construction or alteration on any property in the Village shall operate or park any motor vehicle on the shoulder of the right-of-way of a public street within 30 feet of any Village tree other than to cross the right-of-way by use of an existing driveway. No construction-related vehicle or equipment shall be operated or parked on the shoulder of the right-of-way of a public street within 30 feet of any Village tree other than to cross the right-of-way by use of an existing driveway.
§ 116-37 Building permits; certificates of occupancy; fees; enforcement.
A.
Building permits: general procedure.
(1)
All procedure with respect to applications for and issuance of building permits shall be in conformity with the provisions of the Building Code.[1] All such applications shall be accompanied by such other information as may be necessary to determine and provide for the enforcement of this chapter.
(2)
Permit required; issuance restrictions.
(a)
No building or structure shall be erected, constructed, reconstructed, structurally altered or moved or demolished unless a building permit authorizing same shall have been issued.
[Amended 4-22-2008 by L.L. No. 4-2008]
(b)
No building permit shall be issued for the erection, construction, reconstruction, structural alteration, restoration, repair or moving of any building or structure or part thereof unless the plans and intended use indicate that such building or structure is designed and intended to conform in all respects to the provisions of this chapter and the Board of Architectural Review has approved the design. Notwithstanding the foregoing, applications for building permits for interior alterations in existing buildings, tennis courts and swimming pools shall not be required to be reviewed by the Board of Architectural Review.
[Amended 2-28-1989 by L.L. No. 2-1989]
(c)
No building permit shall be issued for any project related to any property in the Village which is the subject of pending violations, unpaid fines or other monetary obligations owed to the Village.
[Added 10-13-2022 by L.L. No. 20-2022]
(d)
Every department, board, and committee of the Village shall withhold the processing of any application to such board, committee, or department, if:
[Added 10-13-2022 by L.L. No. 20-2022]
[1]
The Building Inspector has determined that a violation of any provision of the Village Code exists on or at the subject property, or a summons has been issued with regard to an alleged violation of any provision of the Village Code on or at any other property owned by the owner or the applicant within the Village.
[2]
Any fees, deposits, or other sums of money are due to the Village with regard to the subject property; or otherwise due to the Village from the owner of the subject property; or otherwise due to the Village from the applicant, if the applicant is not the owner.
(e)
The processing of an application shall include but not be limited to the review of the application, by the Village or its professionals; the scheduling or holding of any hearings or other meetings; the rendering of any decisions, other than, in the sole discretion of the Chairperson of such board or committee or the superintendent of such department, a denial of such application; the performing of any inspections; and the issuing of any permits or certificates.
[Added 10-13-2022 by L.L. No. 20-2022]
(f)
Any application for which processing is to be withheld pursuant to the provisions of this section shall be deemed for all intents and purposes to be incomplete until such department, board, or committee receives written notice, by certified mail, return receipt requested, from the applicant, that such violation has been cured and/or such sums have been paid, and such notice is confirmed by the appropriate Village officer or employee.
[Added 10-13-2022 by L.L. No. 20-2022]
(g)
The foregoing prohibition shall not preclude the processing of any application if:
[Added 10-13-2022 by L.L. No. 20-2022]
[1]
All of the sums due the Village have been paid and substantially the sole purpose of the processing is to cure the violations or to seek a variance from the Board of Appeals with regard to such violations; or
[2]
The Board of Trustees, in its sole discretion, grants a waiver from such prohibition. Among the criteria the Board of Trustees may consider in determining whether or not to grant such a waiver is if the applicant is acting in good faith and with due diligence to cure the violations, or presents a case of hardship, similar to that required for a use variance before the Board of Appeals.
(3)
Demolition of a building.
[Added 4-22-2008 by L.L. No. 4-2008]
(a)
In accordance with Chapter 65 of the Village Code, no building permit shall be issued for demolition of a building on property within an historic district designated under Chapter 65 or on property designated as a landmark under Chapter 65 unless a certificate of appropriateness or hardship relief has been granted for such demolition by the Board of Architectural Review and Historic Preservation pursuant to Chapter 65.
(b)
Prior to issuance of a building permit for demolition of any other building (any building which has not been designated as a landmark under Chapter 65 and which is located outside of an historic district designated under Chapter 65):
[Amended 8-26-2021 by L.L. No. 6-2021]
[1]
The Building Inspector shall consider whether such building was constructed prior to or subsequent to 70 years from the date of the application for a building permit for demolition. If the Building Inspector finds that such building was constructed subsequent to such date that is 70 years from the date of the application for a building permit for demolition, such application shall be reviewed by a committee to consist of two members of the Village Board of Architectural Review and Historic Preservation (BARHP) as appointed by the Board of Architectural Review and Historic Preservation with the consultation of the Village Building Inspector and the Village Historic Consultant (Demolition Application Subcommittee):
[a]
The Demolition Application Subcommittee shall consider whether such building meets one or more of the criteria for designation as a landmark under § 65-3A.
[2]
If the Building Inspector finds that such building was constructed prior to 70 years from the date of the application for a building permit for demolition, or if the Building Inspector is not satisfied as to whether such building was constructed prior to or subsequent to 70 years from the date of the application for a building permit for demolition, the Building Inspector shall refer such application to the BARHP for review and public hearing to consider whether such building meets one or more of the criteria for designation as a landmark under Chapter 65. The provisions of § 116-37A(6)(c) below shall be applicable to such referral.
(c)
With respect to an application referred to the Board of Architectural Review and Historic Preservation pursuant to § 116-37A(6)(b) above:
[1]
The Board shall promptly consider whether such building meets one or more of the criteria for designation as a landmark and whether it proposes to designate such building as a landmark under Chapter 65. Upon considering the foregoing, the Board may report that it does not propose to designate such building as a landmark or the Board may issue notice of a proposed designation of such building as a landmark pursuant to § 65-3D.
[2]
If the Board reports that it does not propose to designate such building as a landmark, the Building Inspector may issue such permit. If the Board fails to issue notice of a proposed designation of such building as a landmark (pursuant to § 65-3D) within 45 days of the referral by the Building Inspector, the Building Inspector may issue such permit.
[Amended 6-20-2023 by L.L. No. 11-2023]
[3]
If the Board issues notice of a proposed designation of such building as a landmark pursuant to § 65-3D, then, in accordance with § 65-3D, the Building Inspector may not issue such permit until the Board has made its decision whether to designate such building as a landmark. (If the Board designates such building as a landmark, then, in accordance with Chapter 65, the Building Inspector may not issue such permit unless a certificate of appropriateness or hardship relief has been granted for such demolition by the Board.)
B.
Completion of building for which permits have been issued.
(1)
Nothing in this chapter shall require any change in the plans, construction or designated use of a building or structure for which a lawful building permit has been issued prior to the effective date of this chapter or any amendment thereto affecting such building or structure or the use thereof, provided that:
(a)
The construction of such building or structure shall have been begun and diligently prosecuted within three months from the date of such permit and substantial work above the foundation shall have been completed by such effective date.
(b)
The entire building or structure shall be completed according to such filed and approved plans upon which the issuance of such permit was based, within one year from the effective date of this chapter or any such amendment thereto or within one year from the date construction commenced, whichever is earlier.
C.
Certificate of occupancy.
(1)
It shall be unlawful to use or to permit the use of any building, structure, premises, lot or land or part thereof hereafter erected or altered, enlarged or moved or put into use, in whole or in part, or as to which there has been a change of ownership, after the effective date of this chapter, or of any building, structure, premises, lot or land or part thereof of which the use is changed, until a certificate of occupancy has been obtained by the owner.
(2)
No certificate of occupancy shall be issued for any building, structure, premises, lot or land unless the erection, construction, reconstruction, structural alteration, restoration, repair or moving of such building or structure or part thereof and the intended use thereof are in conformity in all respects with the provisions of this chapter.
(3)
The Building Inspector shall obtain a written order from the Board of Appeals before issuing a certificate of occupancy in a case involving a special exception use pursuant to Article IV of this chapter or involving a variance from the provisions of this chapter pursuant to § 116-27 of this chapter.
D.
Fees. Fees for a building permit application and for issuance of building permits and certificates of occupancy shall be as provided in the ordinance or local law establishing the Building Code, or if no provision is made therein, as provided by resolution of the Board of Trustees.[2]
E.
Enforcement.
(1)
It shall be the duty of the Building Inspector to administer and enforce the provisions of this chapter.
(2)
Should said Building Inspector be in doubt as to the meaning or intent of any provision of this chapter or as to the location of any district boundary line on the Zoning Map[3] or as to the propriety of issuing a building permit or a certificate of occupancy in a particular case related to the provisions of this chapter, he shall appeal the matter to the Board of Appeals for interpretation and decision without the requirement of any application fee.
[3]
Editor's Note: The Zoning Map is located at the back of this Code.
(4)
If the Building Inspector should mistakenly issue a building permit which violates the provisions of this chapter, that building permit shall be invalid.
(5)
Any building permit issued by the Building Inspector shall expire one year after the date of issuance unless substantial work above the foundations is done before the expiration of said one-year period, except that said permit may be extended for one additional year upon application to the Building Inspector for such extension, provided that the proposed construction shall conform to the provisions of this chapter in effect at the time said application for extension is made.
§ 116-38 Site plan review.
[Amended 5-10-1991 by L.L. No. 4-1991]
A.
Applicability of site plan procedure and standards. Except where provided in this section, an application for a building permit for any use, building or structure, except one-family dwellings or agricultural buildings and structures, shall require site plan approval by the Planning Board. In addition, the importation, exportation or excavation of fill, as set forth in § 116-18.2, shall require site plan approval by the Planning Board pursuant to this section. In all cases where site plan approval is required by this section, no building permit shall be issued by the Building Inspector except upon authorization of and in conformity with plans approved by the Planning Board.
[Amended 3-29-2022 by L.L. No. 7-2022; 5-21-2024 by L.L. No. 20-2024]
(1)
The following may not be subject to site plan review at the discretion of the Village Building Inspector:
(a)
Interior renovations for a permitted use.
(b)
Any change from one permitted use to another permitted use as listed in the Village of Southampton Zoning Code Table of Use Regulations[1] where the proposed use does not increase the capacity and/or intensity of the use; does not have a parking space requirement greater than the parking requirement for the existing use based on Village parking requirements; and where the proposed use does not result in an increase in the sewage design flow rate as set forth in the Suffolk County Department of Health Services standards for approval of plans and construction for sewage disposal systems for other than single-family residences. If either or both the existing or proposed use is not listed as a permitted use in the Table of Uses, then the application shall be subject to site plan review under this section.
[1]
Editor's Note: The Table of Use Regulations is included as an attachment to this chapter.
(c)
This exception shall not apply to a change in use for preexisting nonconforming uses, special exception uses or to any of the following uses (regardless of if the use is permitted within the district) and shall require site plan review prior to issuance of a building permit:
(d)
Replacement of an existing sanitary system located wholly on the subject property with an I/A alternative wastewater treatment system for an existing development for a permitted use per the Village Code Table of Use Regulations with a valid certificate of occupancy.
(2)
Personal wireless service facilities. All personal wireless service facilities must submit site plans for review, provided that:
[Added 1-23-2024 by L.L. No. 4-2024]
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 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 section and the accomplishment of 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 and loading spaces are 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. To the extent possible, parking lots and loading areas shall be located to the rear of the building. The Planning Board shall, to the maximum extent possible and where practical, require cross access, by way of easement(s), to adjacent properties to provide for better lot-to-lot connections and reduced access and egress points to the street.
[Amended 11-14-2024 by L.L. No. 31-2024]
(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. Parking lots and loading areas visible from the street shall be screened pursuant to § 116-14I(8).
[Amended 11-14-2024 by L.L. No. 31-2024]
(d)
Existing development and Master Plan. The development proposed is at a scale and density consistent with existing development and with the Master Plan of the Village of Southampton.
(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, drainage courses, 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 but not limited to archaeological and paleontological remains, old trails, historic buildings and sites and agricultural fields.
(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.
(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)
Handicapped access. The plan and building design shall accommodate the needs of the handicapped and be in conformance with the state standards for construction concerning the handicapped.
(n)
Energy conservation. The site plan and building design shall maximize the conservation of energy.
(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 to institute said mitigation.
C.
Site plan elements.
(2)
Fee. The site plan review fee is based on the area of the site required to be improved, including any and all areas required to be altered, but excluding the footprint of any existing or proposed buildings. Such fee shall be computed on the basis of $0.25 per square foot of site improvements and/or altered area or $800, whichever is greater. However, such fee shall be computed on the basis of $0.01 per square foot of site improvements and/or altered area or $100, whichever is greater, in connection with site plan reviews for the following: a church or similar place of worship or religious instruction, parish house, rectory, seminary or convent; a philanthropic, fraternal, social or educational institutional office or meeting room, nonprofit. The site plan review fee may be changed from time to time by resolution of the Village Board of Trustees.
[Amended 8-12-1994 by L.L. No. 4-1994; 11-9-2006; 6-23-2009]
(3)
Site plan. The applicant shall cause a site plan map at a minimum scale of one inch equals 40 feet to be prepared by an architect, landscape architect, civil engineer or surveyor. The site plan shall include those of the elements listed herein which are appropriate to the proposed development or uses as indicated by the Planning Board in a presubmission conference.
(a)
Legal data.
[1]
The name and address of the owner of record.
[2]
The name and address of the person, firm or organization preparing the map, sealed with the applicable New York State license seal and signature.
[3]
The date, North arrow and written and graphic scale.
[4]
The property description, 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.
[5]
The locations, names and existing widths of adjacent streets and curblines.
[6]
The location and owners of all adjoining lands, as shown on the most recent tax records.
[7]
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.
[8]
A complete outline of existing easements, deed restrictions or covenants applying to the property.
[9]
Existing zoning.
(b)
Natural features.
[1]
Existing contours with intervals of two feet or less referred to a datum satisfactory to the Planning Board. In addition, spot elevations will be required where contour elevations are less than two feet on the site.
[2]
The approximate boundaries of any areas subject to flooding or stormwater overflows.
(c)
Existing structures and utilities.
[1]
Outlines of all structures and location of all uses not requiring structures.
[2]
Paved areas, including parking areas, sidewalks and vehicular access between the site and public streets.
[3]
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.
[4]
Other existing development, including fences, landscaping and screening.
[5]
The location and use of all buildings and structures within 200 feet of the boundary of the subject property.
(d)
Proposed development.
[1]
The location of proposed buildings or structural improvements, indicating setbacks from all property lines and horizontal distances from existing structures.
[2]
The location and design of all uses not requiring structures, such as off-street parking and loading areas and pedestrian circulation. Parking calculations shall be shown.
[3]
The location, direction, power and time of use for any proposed outdoor lighting or public-address systems.
[4]
The location and plans for any outdoor signs, which must be in accordance with applicable sign regulations.
[5]
Grading and drainage plans shall be based on a two-inch rainstorm retention; drainage calculations, contours and spot grade elevations to be shown.
[6]
Landscaping, buffering and street tree plans, including material size, quantity and location. A list of plantings shall also be shown.
[7]
The location of water and sewer mains, electrical service and cablevision installations, locations of water valves and hydrants and/or any alternate means of water supply and sewage disposal and treatment.
[8]
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 that such areas are adequately fenced or screened.
[9]
If the site plan only indicates a first stage, a supplementary plan indicating ultimate development.
[10]
The location of any fire hydrant, cistern, well or other fire-protection device.
[11]
Any other information deemed by the Planning Board to be necessary to determine conformity of the site plan with the spirit and intent of this chapter.
(e)
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.
D.
Site plan application procedure.
(1)
Presubmission conference. Prior to the submission of a site development plan, the applicant or his agent may meet with the Planning Board. The purpose of such conference shall be to discuss proposed uses or development in order to determine which of the site development plan elements shall be submitted to the Planning Board in order for said Board to investigate conformity with the provisions and intent of this chapter.
(2)
Within six months following the presubmission conference, nine copies of the site development plan application and any related information shall be submitted to the Planning Board. Notice of such application and of the initial Planning Board hearing at which such application may be considered shall be given as follows:
[Amended 5-10-2007 by L.L. No. 6-2007]
(a)
The applicant shall erect on the premises a poster which shall be provided by the Planning Board giving notice of the date, time and location where the initial hearing shall be held. The poster shall be prominently displayed facing each street line on which the property abuts, shall be set back not more than 10 feet from the road surface or pavement and the bottom shall be not less than two feet and the top not less than six feet above the average surface grade at the street line. The poster shall be so displayed for a continuous period commencing no less than 10 calendar days preceding the day of the hearing. The applicant shall file an affidavit with the Planning Board of compliance with this provision prior to consideration of the application.
(b)
The applicant shall make two mailings of notice of the application not less than 21 calendar days preceding the day of the hearing to all property owners as shown on the then current tax roll of the Village of Southampton of property within 200 feet of the subject property, measured along the frontage on both sides of the street(s), and to all others whose property is located within 200 feet of the boundaries of the subject property. The notice shall state the date, time and location of the hearing, shall state the purpose of the application or the relief requested of the Planning Board and shall identify a person to contact for additional information on the application providing the address and telephone number of such individual. One mailing shall be sent by first-class mail in a plain envelope which does not disclose or indicate the identity of the sender. The other mailing shall be sent by certified mail, return receipt requested. The applicant shall file an affidavit with the Planning Board prior to consideration of the application of compliance with these requirements in form acceptable to the Planning Board, and with respect to the certified mailing, the affidavit shall include copies of all postal and return receipts.
(c)
The Planning Board shall cause a public notice of such hearing to be published once in the official newspaper not less than 10 calendar days preceding the day of the hearing.
(3)
If the Planning Board determines said application to be complete, it shall, within five business days of such determination, transmit the application and/or solicit comments and review from the Fire Inspector, the Fire Department with jurisdiction, the Board of Historical Preservation and Architectural Review or other municipal or county agency or district with jurisdiction or potentially affected by the proposed development.
(4)
Upon determining that the application is complete, the Planning Board may, at its option, require that a noticed public hearing be held on said complete application. If the Planning Board requires a noticed public hearing on said complete application, such hearing shall be held within 45 days of determining said application to be complete, and notice of such hearing shall be given as prescribed by § 116-38D(2).
[Amended 5-10-2007 by L.L. No. 6-2007]
(5)
Within 45 days of the conclusion of the public hearing or, if none was held, within 45 days of determining the application to be complete, the Planning Board shall determine whether the site development 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 forty-five-day period may be extended by the Planning Board upon the written consent of the applicant or as may be permitted under the State Environmental Quality Review Act as implemented by Chapter 54 of the Village Code.
(6)
No application shall be deemed complete until either a negative declaration has been made for the application pursuant to the State Environmental Quality Review Act (SEQRA) or by Chapter 54 of the Village Code or, if a positive declaration is made, until a draft environmental impact statement has been accepted by the Planning Board as satisfactory with respect to scope, content and adequacy. Reasonable time shall be provided for compliance with the SEQRA, including the preparation of a final environmental impact statement.
(7)
Amendments to a site development plan shall be acted upon in the same manner as the approval of the original plan.
(8)
An approved site development 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.
(9)
No regrading, clearing, tree removal or any other work in preparation of future use of a site may take place until site plan approval or written permission has been received from the Planning Board.
(10)
In the case of a site plan application requiring a zoning variance, the site development plan shall be subject to a preliminary review by the Planning Board prior to action on said application by the Board of Appeals. Building permits issued pursuant to a variance shall be in accordance with conditions established by the Board of Appeals.
(11)
A statement shall be placed on all site plans approved by the Planning Board to the effect that the owner(s) agree(s) to comply with the plan and all conditions noted thereon. The owner(s) or a bona fide agent responsible for completion of the work shall be required to sign such statement and provide such guaranty 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 45 days of the date of the resolution of the Planning Board approving the plan, said resolution shall be deemed null and void.
(12)
No certificate of occupancy shall be issued until all requirements of site plan approval have been completed or an undertaking to complete them, with a cash deposit or other surety acceptable to the Village Board, shall have been given to and accepted by the Village Board. Such undertaking shall provide for completion on or before a certain time and, unless such time is extended by resolution of the Village Board, if the requirements of site plan approval have not been completed by such date, any certificate of occupancy which shall have been issued shall automatically become null and void. The determination of the Village Board whether such requirements have been completed shall be final and binding where the same have not been completed before issuance of the certificate of occupancy.
(13)
Where a site plan application also requires approval by the Board of Appeals 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, the Planning Board may process the applications concurrently.
(14)
In the case of special exception use or variance applications, the site plan shall be the subject of a preliminary review by the Planning Board before action is taken by the Board of Appeals.
E.
Off-street parking on a site plan application.
[Added 11-12-1999 by L.L. No. 8-1999]
(1)
If the Planning Board determines that the present parking needs of a proposed development do not necessitate the present construction of the number of parking spaces otherwise required by the applicable off-street parking requirements, the Planning Board may approve a site plan providing for the present construction of a lesser number of parking spaces than otherwise required by the applicable off-street parking requirements and the reservation for future parking of the remaining number of parking spaces required by the applicable off-street parking requirements. In such event, the site plan shall show the number of parking spaces required to be presently constructed and the number of parking spaces required to be reserved for future parking, and the number of parking spaces reserved for future parking need not be presently constructed.
(2)
When the Planning Board approves a site plan pursuant to Subsection E (1) above, the Planning Board may grant such approval subject to such conditions and safeguards as the Planning Board shall deem necessary or advisable with respect to the land area reserved for future parking and with respect to future construction of the number of parking spaces reserved for future parking. Such conditions and safeguards may include a requirement that a covenant relating thereto be recorded in the Suffolk County Clerk's office.
(3)
When the Planning Board approves a site plan pursuant to Subsection E (1) above, the Planning Board shall be deemed to have retained jurisdiction over such site plan and shall have continuing jurisdiction over such site plan with respect to the land area reserved for future parking and with respect to future construction of the number of parking spaces reserved for future parking. Pursuant to such retained and continuing jurisdiction, if the Planning Board subsequently determines that a need for construction of said parking spaces (the parking spaces previously reserved for future parking) exists, the Planning Board may order the then owner of the property to construct said parking spaces within such reasonable period of time as may be established by the Planning Board. Violation of such order shall be deemed a violation of this chapter. In the event of a violation of such order, the Building Inspector shall revoke the certificate of occupancy for the property.
§ 116-39 Amendment procedure.
A.
The municipal legislative body may from time to time on its own motion, or on petition, or on recommendation of the Village Planning Commission, amend, supplement or repeal the regulations and provisions of this chapter, including the Zoning Map, after public notice and hearing, in accordance with state law.
[Amended 7-23-2002 by L.L. No. 3-2002]
B.
Petitions for amendments shall be submitted in quadruplicate to the Municipal Clerk with an application fee of $75.
C.
Any petition for a change in the Zoning Map shall include the following:
(1)
The name of the property owner.
(2)
A map accurately drawn to an appropriate scale, showing the proposed zone district boundary changes, property lines, the calculated areas affected in acres or square feet, the street rights-of-way in the immediate vicinity and the lands and names of owners immediately adjacent to and extending within 200 feet of all boundaries of the property to be rezoned.
(3)
A metes-and-bounds description of the proposed amendment.
(4)
In the case of any petition for a change in the Zoning Map which is subject to review by the Suffolk County Planning Commission pursuant to Article XIII, Sections 1323 to 1332, of the Suffolk County Charter, the petitioner shall comply with any and all additional requirements which said Commission may deem necessary.
D.
The municipal legislative body shall fix the time and place of a public hearing on the proposed amendments and cause notice to be given, unless it rejects or denies the petition after receiving the report of the Village Planning Commission.
[Amended 7-23-2002 by L.L. No. 3-2002]
E.
Every such proposed amendment or change, whether initiated by the municipal legislative body or by petition, shall be referred to the Village Planning Commission for report before approval or denial.
[Amended 7-23-2002 by L.L. No. 3-2002]
F.
Proposed amendments that must be referred to the Suffolk County Planning Commission under the provisions of Article XIII, Sections 1323 to 1332, of the Suffolk County Charter shall be transmitted as soon as possible and in any case prior to the public hearing.
G.
The municipal legislative body shall require the petitioner to submit evidence that he has notified by certified mail, return receipt requested, all the property owners within 200 feet of all boundaries of the affected property as shown on the latest municipal tax roll.
H.
The municipal legislative body shall reserve decision on all zoning amendments or changes that must be referred to the Suffolk County Planning Commission until its report has been presented, provided that such report is presented within a period of 30 days after the Suffolk County Planning Commission receives such referral. When applicable, the provisions of Article XIII, Section 1330, of the Suffolk County Charter shall be followed.
I.
Upon adoption of a change in the Zoning Map pursuant to a petition, the petitioner shall cause a monument to be placed at one location on the property's street frontage and shall also file with the Municipal Clerk and the Building Inspector copies of an accurate survey description and drawing of the area affected by such amendment.
§ 116-40 Penalties for offenses.
[Amended 4-9-1976 by L.L. No. 1-1976; 1-29-1982 by L.L. No. 1-1982; 7-11-2002 by L.L. No. 1-2002; 8-13-2020 by L.L. No. 7-2020]
A.
Where a violation of this chapter has been committed or shall exist, the owner and the agent or contractor of the building, structure or lot where such violation has been committed or shall exist, the lessee or tenant of the part of or of the entire building, structure or lot where such violation has been committed or shall exist, and the agent, architect, contractor or any other person who takes part or assists in such violation or who maintains any building, structure or lot in which any such violation shall exist shall be guilty of a violation of this chapter.
C.
In addition to other remedies provided by law, any appropriate action or proceeding, whether by legal process or otherwise, may be instituted or taken to prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, moving, maintenance or use; to restrain, correct or abate such violation; to prevent the occupancy of such building, structure or lot; or to prevent any illegal act, conduct, business or use in or about such premises.