Southold City Zoning Code
ARTICLE XXIV
Site Plan Approval
§ 280-127 Applicability.
[Amended 4-10-2012 by L.L. No. 5-2012]
This article shall apply to every land use that is permitted in the Town of Southold except the single-family home use on a single and separate lot as set forth in Article III, § 280-13A(1), and customary nonagricultural accessory uses to a single-family residential home use as stated in the Town Code. Any change in use or intensity of use which will affect the characteristics of the site in terms of parking, loading, access, drainage, open space or utilities will require site plan approval. In all cases where this chapter requires approval of site plans by the Planning Board, no building permit shall be issued by the Building Inspector except upon authorization of and in conformity with the site plan approval by the Planning Board and all other public agencies involved.
§ 280-128 Findings of fact; purpose.
[Amended 4-10-2012 by L.L. No. 5-2012]
A.
The Town Board wishes to protect the unique rural and open space character of the Town and hereby finds that development within the Town, exclusive of the Incorporated Village of Greenport, should proceed along the lines of good order and with due regard to the public interest, including but not limited to the following: exterior design of new or renovated structures and portions thereof; the construction and location of parking areas, whether or not accompanied by new building construction; changes in the use of existing structures; the use of open land; and that the proposed site use would impact beneficially on the well-being of the population in general, increase the Town's tax base and facilitate the local economy.
B.
It is the purpose of this article to encourage good design and to:
(1)
Protect the established character and value of the adjoining properties, both public and private, and of the neighborhood in which they are located.
(2)
Lessen and, where possible, prevent traffic congestion on the streets and highways upon which the site fronts or which provide vehicular or pedestrian access thereto.
(3)
Prevent overcrowding of land or buildings.
(4)
Secure safety from fire, flood and other dangers and provide adequate light, air and convenience of access.
(5)
Mitigate the environmental impacts of new development on the land, air and water resources.
§ 280-129 Objectives.
[Amended 5-15-1995 by L.L. No. 7-1995; 4-10-2012 by L.L. No. 5-2012]
In considering and acting upon site plans, the Planning Board shall take into consideration the public health, safety and welfare, the economic impact and 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 chapter and the accomplishment of the following objectives in particular:
A.
Traffic access: that all proposed traffic accessways are adequate but not excessive in number; adequate in width, grade, alignment and visibility; are located in proper relationship to intersections, pedestrian crossings and other places of public assembly; and, further, are in conformance with overall traffic safety considerations. Other public agencies may require further improvements above and beyond the Town's requirements. Roadway improvements not directly in front of the site may be necessary and required, based on overall traffic circulation and signalization of adjacent access points and streets.
B.
Interior circulation and parking: that adequate off-street parking and loading spaces are provided to satisfy the parking needs of the proposed uses on site and that the interior circulation system is so designed to provide convenient access to such spaces consistent with pedestrian safety, and, further, that loading areas shall not impede the flow of interior pedestrian and vehicular traffic and that for certain uses, adequate interior roadways are provided to confine operations to the site. Handicap accessibility shall be provided and placed at the nearest point to the proposed structure.
C.
Landscaping and screening: that all parking, service and similar areas are screened at all seasons of the year from view of adjacent residential districts and streets and that the landscaping of the site complements the intended use. Existing trees of at least six inches or more in diameter measured three feet above the base of the trunk shall be retained to the maximum extent possible.
(1)
Tree fee.
[Added 12-16-2014 by L.L. No. 3-2014]
(a)
Upon the request of an applicant, if the Planning Board makes a finding pursuant to this chapter that the proposed site plan presents a proper case for requiring trees to be planted for screening or landscaping purposes, but that a suitable location for said plantings does not exist, or it is otherwise impracticable, the Planning Board may permit the applicant to pay a sum of money in lieu thereof. The fee shall be as follows:
[1]
Not less than $350, nor more than $750 per tree, based on caliper, that would have been required for screening or landscaping purposes.
(b)
Timing of fee payment. The fee shall be paid prior to any site plan approval.
(c)
The fee shall be deposited into the Fiduciary Fund and used by the Southold Town Tree Committee exclusively for the planting of new street trees and/or the replacement of damaged or removed trees on Town property.
D.
Natural features: that high priority shall be given to:
(1)
The conservation of all natural features on and adjacent to the site, including but not limited to natural drainagecourses, fresh- and saltwater wetlands and marshes, dunes, bluffs, beaches, escarpments, woodlands, large trees, unique plant and wildlife habitats, flood hazard areas and wildlife breeding areas.
(2)
The protection of groundwater and surface water from contamination by pollutants.
(3)
The protection of air quality.
E.
Pavement: that all other paved areas intended for use by pedestrians and vehicles shall make use of an aesthetically pleasing and safe combination of pavements and plant materials which would serve to encourage their use by pedestrians and vehicles.
F.
Lighting: that all outdoor lighting shall be of such a nature and so arranged as to minimize the projection of direct light and glare onto adjoining properties and streets. Outdoor lighting shall be compatible with the intended use and also the zoning district, particularly in or adjacent to residential zones.
G.
Public address intercom or sound systems: that any sound or public address system shall be located to minimize sound to adjoining properties or on the adjacent street.
H.
Grading and drainage: that all site developments shall respect existing grades on site and on adjoining sites to avoid unnecessary excavation or filling and that all stormwater runoff generated on site will be retained on site in an environmentally acceptable manner. All grading and drainage plans must meet with the requirements of the Town Engineer and/or Superintendent of Highways.
I.
Public utilities: that plans for water supply and sewage disposal, cable, telephone, electricity, gas, etc., shall be considered and included in this section and shall conform to such public requirements and standards as may exist.
J.
Existing development and Comprehensive Development Plan: that the development proposed is at a scale consistent with existing development and with the Comprehensive Development Plan of the Town of Southold.
K.
Architectural features: that the natural features of the site and surroundings, exterior design and appearances of existing adjacent structures and the character of the district are evaluated in accordance with the architectural standards set forth in this chapter.
L.
Handicapped access: that the site plan and building design shall accommodate the needs of the handicapped and be in conformance with the applicable state and local standards concerning the same.
§ 280-130 Approval of site plan required.
[Amended 5-15-1995 by L.L. No. 8-1995; 3-9-2004 by L.L. No. 8-2004; 12-14-2004 by L.L. No. 25-2004; 6-7-2005 by L.L. No. 8-2005; 4-10-2012 by L.L. No. 5-2012]
A.
After the filing of an application for a building permit, the Building Inspector shall make a determination as to whether a site plan or an amendment thereto is required, and this written determination shall be forwarded to the Planning Department for comment. The Planning Department must provide written comments on this determination to the Building Inspector within five business days or be deemed to have waived the opportunity to comment. After review of comments, or after the time period for comment has elapsed, the Building Inspector shall issue a final determination to the applicant, which shall in no event be more than 15 business days from the filing of the application. Such determination shall also include a written decision as to whether the proposed use is permitted and whether a special exception is required from the Zoning Board of Appeals. No building permit shall be issued for any structure or building for which use a site plan is required pursuant to this chapter until, if required, an approved site plan or approved amendment of any such plan has been secured by the applicant from the Planning Board and presented to the Building Inspector, along with all necessary approvals and permits as may be required by other public agencies.
B.
No regrading, clearing, tree removal or any other work, except limited clearing needed to undertake survey work or soils investigations, may take place until the site plan has been approved by the Planning Board or the Planning Board authorizes such work in writing.
C.
No certificate of occupancy shall be issued for any building, structure, premises, lot or use of land covered by this article unless the structure has been completed (whether the structure is being constructed, renovated, reconstructed, altered, moved or put into use) and the site is developed in accordance with an approved site plan or approved amendment of any such plan.
D.
Upon request of the owner or his authorized agent for a certificate of occupancy, the Building Inspector shall issue the certificate, provided that said Building Inspector, along with the Planning Board, shall find that such building or structure and site is in conformity with the approved site plan.
E.
After a certificate of occupancy is issued, there shall be no exterior alterations of a building that expand the footprint or any revisions of the site or changes of use without first obtaining Planning Board approval.
F.
Failure to obtain site plan approval shall be a violation of this article and shall be subject to such penalties as are set forth in § 280-155 of this chapter.
G.
Failure to comply with a term or condition of an approved site plan shall be a violation of this article and shall be subject to such penalties as are set forth in § 280-155 of this chapter. The Planning Board shall retain jurisdiction and shall have the right, after a public hearing, to modify, suspend or revoke such approval or any term or condition thereof or to impose thereon one or more new conditions, based upon one of the following grounds:
(1)
False statements or mistake of material fact: materially false or inaccurate statements in the application, supporting papers or supporting testimony of a material fact, which fact, had it been known to the Planning Board at the time of its review, would have resulted in a denial of the approval sought.
(2)
Noncompliance with the terms and conditions of such approval: failure of the applicant-permittee to comply with any conditions or terms of approval.
(3)
Activity beyond such approval: exceeding the scope of the activity, use or project as the same was described in the application.
H.
Any use that has received site plan approval by the Planning Board shall not be commenced unless the Planning Board issues a written certification that all terms and conditions set forth in the site plan approval have been met. Failure to comply with a term or condition of site plan approval prior to commencement of the approved use shall be a violation of this article and shall be subject to such penalties as are set forth in § 280-155 of this chapter.
I.
Upon recommendation of the Planning Board and approval of the Town Attorney, the Building Inspector may revoke an existing certificate of occupancy upon a showing that the subject premises is being occupied or used in violation of an approved site plan and may direct that such occupancy or use be discontinued. The Town Attorney is authorized to commence proceedings in a court of appropriate jurisdiction to restrain said use or occupancy.
§ 280-131 Review procedure.
[Amended 5-15-1995 by L.L. No. 7-1995; 12-27-1995 by L.L. No. 25-1995; 12-14-2004 by L.L. No. 25-2004; 2-13-2007 by L.L. No. 6-2007; 4-10-2012 by L.L. No. 5-2012; 12-17-2024 by L.L. No. 22-2024]
A.
Presubmission conference. Prior to the submission of a site plan, the applicant or his agent shall meet with the Planning Board or its representative. The purpose of such conference shall be to discuss proposed uses or development plan elements that shall be submitted to the Planning Board in order for said Board to determine conformity with the provisions and intent of this article. Said meeting shall take place within 30 calendar days from the date of written request therefor.
B.
Site plan. Nine copies of the site plan application and any related information as defined during the presubmission conference shall be submitted to the Planning Board within four months of the presubmission conference. If a site plan application is not submitted within four months following a presubmission conference, another conference may be required by the Planning Board.
(1)
Within 10 business days of receipt of the application, the Planning Board shall determine whether to accept, reject or request revision of the application.
(2)
If the Planning Board determines said application to be acceptable but in need of revision, it shall notify the applicant, in writing, wherein said application is deficient within 30 calendar days.
(3)
Within the thirty-calendar-day period from receipt of the application, the following shall also take place: the site plan reviewer (or other delegate of the Planning Board) shall hold a joint meeting with a representative of the Building Department authorized to review building plans, for the purpose of making a joint recommendation as to whether the site plan application complies with all applicable zoning regulations or whether any variances are required from the Zoning Board of Appeals; that recommendation shall be forwarded to the Building Inspector, who shall either endorse or revise that recommendation; and in the event the Building Inspector's zoning determination indicates that a variance is required, the site plan reviewer (or other delegate of the Planning Board) shall so inform the applicant; and in the event the applicant wishes to proceed with the application as submitted, the Building Inspector shall issue a notice of disapproval at that time. This procedure shall also apply to any amendments to the site plan application.
(4)
In the case of a variance or special exception application requiring site plan approval, the site plan application shall be subjected to preliminary review and written comments by the Planning Board within 60 days of such request by the Board of Appeals.
(a)
In no case may the Planning Board grant site plan approval prior to the issuance of a special exception by the Zoning Board of Appeals, if such is required.
(b)
Before the Planning Board can approve any application for the amendment of a use or structure for which a special exception was granted, the applicant must obtain permission from the Zoning Board of Appeals to expand or otherwise alter or change either the use or the structure.
(5)
The Planning Board may vary or waive parking requirements, provided that such change will not have a detrimental effect on the public health, safety or general welfare and will not have the effect of nullifying the intent and provisions of this chapter.
(a)
The Planning Board may allow or require landscaping to be installed in place of specified parking spaces.
(b)
On any site for which the Planning Board grants approval for less than the required number of spaces for that use, the Planning Board shall have the right to review the parking requirements again if a change of use is proposed.
(6)
Review of a new site plan for a lot on which an approved site plan already exists shall not proceed until the approved plan is withdrawn by the applicant.
C.
When the Planning Board determines said application to be acceptable, it shall, within 10 business days of such determination, distribute said application and documentation to the Town, county and state agencies having jurisdiction, for their comment. Such referral shall include a referral to the Architectural Review Committee. The Architectural Review Committee may make a written recommendation to the Planning Board on the site plan within 10 business days of receipt of the referral. If the Committee fails to make a recommendation within this time period, the project shall proceed to the Planning Board for consideration without Committee review. Notwithstanding the foregoing, applications involving only structures requiring review by the Historic Preservation Commission for a certificate of appropriateness under Chapter 170, the Historic Landmarks Preservation Law, of this Code shall not also be referred to the Architectural Review Committee for review.
D.
Upon receipt and review of written comments from each of the agencies to which the proposed site plan was distributed, the Planning Board shall, within a reasonable period of time, not to exceed 30 days, determine whether to require revisions to the proposed plan.
F.
After the Planning Board has determined that the proposed site plan is suitable for approval, it shall:
(1)
Forward the plan to the Building Inspector for final review and certification.
(2)
Forward the plan to the Fire Commissioner of the fire district within which the site is located for a determination as to whether a fire well is needed and, if so, its location.
(3)
Notify the applicant, in writing, to make an application for the appropriate curb cut permits.
(4)
Submit the proposed site plan to the Suffolk County Planning Commission in accordance with the provision of the Suffolk County Charter, if necessary.
G.
Upon receipt of the Building Inspector's certification, the Fire Commissioner's response, the curb cut permits and the comments of the Suffolk County Planning Commission, the Planning Board shall place the site plan on the agenda of the next regularly scheduled public meeting.
H.
The Planning Board shall hold a public hearing to consider the application. Notice shall be provided pursuant to Chapter 55, Notice of Public Hearings. Notwithstanding this requirement, with respect to applications involving modifications to existing structures with no substantial change to the existing footprint, where the Planning Board determines that such modifications or any change in use will not require significant changes to existing major site design features, as well as applications involving uses strictly related to agriculture (but excepting retail winery operations), the Planning Board shall have the discretion to waive the public hearing requirement and may act on such application by filed resolution at a duly noticed public meeting.
I.
Prior to the Planning Board's endorsement of the site plan, the applicant must sign a statement placed on the site plan indicating his/her knowledge and acceptance of the conditions of approval.
J.
Amendments to an existing site plan may be acted upon in the same manner as a new site plan.
K.
Guaranty of performance.
(1)
(2)
Other on-site improvements, including, but not limited to, securing the property, buffers, landscaping and/or screening. A guaranty of performance may be required in an amount to be determined by the Planning Board for the estimated value of on-site improvements as part of the conditions of approval under the following circumstances:
(3)
Default. In the event that the applicant fails to comply with the provisions of this section and complete the required improvements, the Town Board may thereupon declare the said guaranty of performance (i.e., performance bond, letter of credit, or other equivalent security) in default and collect the sum remaining payable thereunder, and upon the receipt thereof, the Town shall install such improvements as are covered by such security and as commensurate with the extent of building development that has taken place on the property. Where the cost of the improvements exceeds the forfeited security, the additional cost, including, but not limited to, any legal fees incurred, shall be and constitute a lien upon the land upon which the improvements are to be made and shall be included in the levy against such property.
M.
The Planning Board shall have the right to deny the proposed site plan for lack of compliance with the provisions of the Town Code. The Planning Board shall notify the applicant, in writing, within 10 days of such determination, of the reasons for such denial.
N.
Review by independent technical consultants.
(1)
The Planning Board may determine that a referral to an independent technical consultant(s) is deemed necessary to complete their review of an application, with the technical consultants' fees to be reimbursed by the applicant. Where the determination will result in total expenditures exceeding SEQRA regulations, such determination shall also require approval by the Town Board. Any such consultant shall be engaged in accordance with the Town's procurement policy.
(2)
Technical consultant fees (or "fees") are those reasonable and necessary legal, engineering and other professional consulting fees, expenses and costs incurred by the Town in connection with engineering, scientific, land use planning, environmental, legal or other similar professional reviews/assessments/advice/services concerning the adequacy, procedural or substantive aspects or applications or issues addressed during the course of decision making/review/approval/inspection functions of the Town Planning Board and rendered relative to and in connection with a particular application, including site plan approvals, subdivision approvals, or for any other land use or development permits or approvals required by the Town.
(3)
Reimbursement process.
(a)
Estimate of costs. Upon determining the need for technical assistance, the Planning Board shall provide the applicant with an estimate of the costs for hiring the necessary consultants and experts.
(b)
Deposit. The applicant shall deposit the estimated amount with the Town Clerk prior to the commencement of the review.
(c)
An escrow account for the applicant shall be established with the Town Comptroller's office. Said escrow account shall be established prior to the Town's referral of the application to its consultant(s). Said escrow account shall be funded by the applicant in an amount to be determined by the Planning Board. The Planning Board may suspend its review of the application until an escrow account is established and funded.
(d)
Withdrawals from said escrow account may be made from time to time to reimburse the Planning Board for the cost of its consultant's(s') professional review services actually incurred. Whenever the balance in such escrow account is reduced to 1/4 of its initial amount, the Planning Board shall notify the applicant; thereafter, the applicant shall deposit additional funds into such account so as to restore its balance to 1/2 of the initial deposit or to such sum as deemed necessary by the Planning Board. If such account is not replenished within 30 days after the applicant is notified in writing of the requirement for such additional deposit, the Planning Board may suspend its review of the application.
(e)
Adjustment. If the actual costs exceed the initial estimate, the applicant shall be responsible for the additional costs. Conversely, if the actual costs are less than the estimate, the remaining balance shall be refunded to the applicant.
(f)
The consultant(s) will work under the direction of the Town Planning Director or designee. Copies of the consultant's(s') qualifications, findings and reports will be provided to the applicant.
(4)
Failure to reimburse consultant fees.
(a)
Application approvals shall not be issued unless the applicant is in compliance with this chapter.
(b)
There may be an instance where consultant fees have been incurred by the Town but not yet billed to the applicant, or where fees have been billed but are not yet past due by the applicant, but where the Planning Board is ready for approval of an application. In such case, the Planning Board may condition approval on compliance with this chapter prior to issuance of any building permit associated with such application.
(c)
In addition to any other remedy herein or otherwise, should an applicant or owner fail to reimburse consultant fees in accordance with this chapter, regardless as to whether the subject application was ultimately approved or otherwise, the Town may seek recovery thereof in a court of competent jurisdiction.
§ 280-132 Duration of plan.
[Amended 4-10-2012 by L.L. No. 5-2012]
A.
An approved site plan shall be valid for a period of 18 months from the date of approval. All work proposed on the plan shall be completed within 18 months from the date of approval unless a longer period was approved or the applicant obtains an extension from the Planning Board. However, all terms and conditions of any approved site plan or approved amendment are immediately enforceable, and compliance is required prior to the commencement of the approved use, unless the Planning Board expressly states an alternative period of time for compliance within the site plan approval.
B.
All site plans which have received final approval prior to the enactment of this article shall remain valid for a period of three years from the date of such enactment. This period will begin when all governmental approvals have been obtained.
§ 280-133 Application requirements.
[Amended 3-27-2001 by L.L. No. 7-2001; 12-14-2004 by L.L. No. 25-2004; 3-29-2005 by L.L. No. 4-2005]
A.
B.
Standards. Site plan design shall include the following items:
(1)
Technical data:
(a)
The lot, block and section number of the property, taken from the latest tax records.
(c)
The name and address of the person, firm or organization preparing the map, sealed with the applicable New York State license seal and signature.
(d)
Date, graphic scale and North point, whether true or magnetic; if magnetic, show the date of reading.
(e)
A survey 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.
(f)
The locations, names and widths of all rights-of-way within 500 feet of property lines. If none exist within 500 feet of the subject property, indicate the distance to the nearest intersection with a public street.
(g)
A separate key map showing location and owners of all adjoining lands within 500 feet, as shown on the latest tax records, at a scale of one inch equals 100 feet.
(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 other existing easements, deed restrictions or covenants applying to the property.
(j)
Existing zoning, including zone lines and dimensions.
(2)
Natural features:
(a)
Existing contours with intervals of two feet or less, referred to mean sea level as per United States Geological Survey datum.
(b)
Boundaries of any areas subject to flooding or stormwater overflows, tidal bays, saltwater marshes, beaches and all freshwater bodies, including wetlands and intermittent streams, perimeter boundaries of shoreline bluffs, dunes and beaches.
(c)
The location of existing natural features, including but not limited to natural drainage swales, watercourses, wooded areas and wetlands, as defined by the New York State Department of Environmental Conservation and the Board of Trustees of Southold Town, marshes, ponds, dunes, bluffs, beaches, kettleholes, escarpments, wildlife habitats, flood hazard areas, erosion-prone areas and trees of six inches in diameter at a point three feet above the trunk base.
(d)
The location of any existing cultural and historical features within 500 feet of the property boundaries.
(3)
Existing building structures and utilities:
(a)
The locations, dimensions and outlines of all buildings, as defined in § 280-4 of this chapter, and all uses of the site.
(b)
Paved areas, including parking areas, sidewalks and vehicular access between the site and public streets.
(c)
The locations, dimensions, grades and flow directions of any existing culverts, waterlines or sewage disposal systems, as well as other underground and aboveground utility poles and utility lines within and adjacent to the property.
(d)
The location and use of all buildings and structures, including curbcuts, within 200 feet of the boundary of the subject property.
(4)
Proposed construction:
(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 and loading areas and pedestrian circulation.
(c)
The location, direction, power level and time of use for any proposed outdoor lighting or public address systems.
(d)
The location and plans for any outdoor signs must be in accordance with applicable sign regulations.
(e)
The location and details of aprons, curbs, sidewalks, fencing (type and location), and grading, including existing and proposed topography with two-foot contours (on site and 200 feet beyond the property line) and spot elevations for buildings and all structures, drainage calculations, details of drainage structures and watershed areas, where applicable.
(f)
Grading and drainage plans shall be based upon site stormwater retention, in conformance with Chapter 161, Highway Specifications.
(g)
The location and listing of landscaping, buffering and street tree plans, including type, material, size, quantity and location.
(h)
The location of water and sewer mains, electrical service, cablevision and telephone installations, ground transformers, fire wells and fire hydrants and/or any alternate means of water supply and sewage disposal and treatment.
(i)
Building elevations for all facades and floor plans showing the proposed use of floor area.
C.
Notwithstanding the foregoing, the Planning Board shall have the discretion to waive any or all of the requirements of this § 280-133 by resolution at a duly noticed public meeting, for those applications involving modifications to existing structures with no substantial change to the existing footprint, where the Planning Board determines that such modifications or any change in use will not require significant changes to existing major site design features, as well as applications involving uses strictly related to agriculture (but excepting retail winery operations), if it determines such requirements are not necessary to protect and maintain the public health, safety, or welfare and to further the objectives set forth in § 280-129.
§ 280-134 Architectural review standards.
[Added 5-15-1995 by L.L. No. 7-1995; amended 8-2-2005 by L.L. No. 12-2005]
Site plans, including residential site plans, shall be reviewed for conformance with the following criteria:
A.
Appropriate diversity of design elements from another structure or structures located or proposed to be located on the same street or corner thereof and within 500 feet of the site of the structure for which a site plan or building permit has been requested, in respect to one or more of the following features of exterior design and appearance:
(1)
Substantially identical facade, disregarding color.
(2)
Substantially identical size and arrangement of either doors, windows, porticoes, porches or garages or other openings or breaks or extensions in the facade, including reverse arrangements.
(3)
Other substantially identical features, such as but not limited to setbacks from street lines, heights, widths and lengths of elements of the building design and exterior materials and treatments.
B.
Minimize or eliminate visual discord or dissimilarity with respect to other structures located or proposed to be located on the same street or a corner thereof and within 500 feet of the site of the structure for which a building permit is requested, in respect to one or more of the following features of exterior design and appearance:
(1)
Facade, disregarding color.
(2)
Size and arrangement of doors, windows, porticoes, porches or garages or other openings, breaks or extensions in the facade.
(3)
Other significant design features, such as but not limited to heights, widths and lengths of elements, roof structures, exposed mechanical equipment, service and storage areas, retaining walls, landscaping, signs, light posts, parking areas and fences, service and loading areas.
C.
Maximize sensitivity to visual appearance and qualities of exterior design, including with respect to signs, considerations of the harmony of colors or compatibility of the proposed structure with the terrain in which it is to be located, including but not limited to excessive divergences of the height or levels of any part of the structure from the grade of the terrain.
§ 280-135 Architectural Review Committee.
[Added 5-15-1995 by L.L. No. 7-1995; amended 10-3-1995 by L.L. No. 20-1995; 8-2-2005 by L.L. No. 12-2005]
A.
The Architectural Review Committee shall consist of nine members appointed by the Town Board to serve at the pleasure of the Board without compensation. Two members of the Committee shall be architects or landscape architects, one member shall be from the Historic Preservation Commission, and the remaining members shall be appointed from the Town at large. In addition, there shall be a Fishers Island resident appointed as a liaison to the Committee to assist with Fishers Island applications.
B.
The term of office of the architect and Historic Preservation Commission members of the Committee shall be three years, provided that those members first appointed shall be appointed for one-, two- and three-year terms, respectively. The at-large members shall be appointed for two-year terms, with the first appointments to be appointed for a one- and two-year term, respectively.
§ 280-136 Land clearing.
No person shall undertake or carry out land clearing, including grading, clearing, cutting and filling, excavating or tree removal associated therewith, without first having obtained any appropriate approvals or permits where required. Weeding, gardening, mowing and the selective pruning of vegetation or selective cutting of diseased or dead trees shall not be included herein. Any person in violation of this section shall be subject to a fine not to exceed $5,000.
[1]
Editor's Note: This local law also provided as follows: "The purpose of this ordinance is to allow owners to take advantage of the existing vegetation on-site when developing a landscaping plan as part of site plan approval, and to prevent clear cutting of properties prior to site plan approval."
§ 280-137 Standards for residential site plans.
[Added 1-18-2005 by L.L. No. 1-2005; amended 8-2-2005 by L.L. No. 12-2005; 1-20-2009 by L.L. No. 2-2009]
The purpose of these residential site plan standards are to provide for a diversity of housing stock, promote moderate-cost dwellings, meet the needs of the existing population and protect groundwater, open space and community character.
A.
The Planning Board's review of the application and plans with respect to residential site plans shall include their compliance with the following:
(1)
The requirement that the applicant attend a presubmission conference, at which time the applicant, the Planning Board and planning staff shall discuss the salient design features of the application. At such conference, the applicant shall be provided with a copy of the then existing design manual as adopted by the Planning Board.
(2)
The applicable provisions of this chapter.
(4)
Construction standards and specifications of the Town highway specifications, Chapter 161 of the Code of the Town of Southold. For the purposes of residential site plans, one dwelling unit is the equivalent of one residential lot.
(6)
The provisions of Article XI, Cluster Development, of Chapter 240 of the Code of the Town of Southold, Subdivision of Land, shall be applied by the Planning Board to residential site plans in residential districts and may be applied by the Planning Board to residential site plans in business districts. In doing so, the Planning Board shall establish conditions on the ownership, use and maintenance of such open lands as it deems necessary to assure the preservation of the natural and scenic qualities of such open lands and shall not permit the use of such lands for the fulfillment of the park and recreation requirement. The procedures set forth in Article XI of Chapter 240, Subdivision of Land, shall govern, except as modified herein. To the extent that this provision may be construed to be in conflict with Town Law § 278, regarding clustered development, Town Law § 274-a, regarding site plan review, or Town Law § 267, § 267-a, § 267-b or § 267-c, regarding the authority of the Zoning Board of Appeals, this provision supersedes and amends such sections insofar as they place any limitation on the Planning Board's application of such clustered development to residential site plans or the requirement of the fulfillment of the park and recreation requirement. Design requirements where cluster development is required:
(a)
Open space.
[1]
Where required, cluster development design shall set aside a percentage of buildable land as open space in accordance with the Schedule for Open Space, Buffers and Setbacks for Residential Site Plans, located at the end of this chapter in Attachment 6.
[2]
Open space shall be vegetated, with no more than 15% of the land area to be irrigated.
[3]
Open space shall remain open and free of any buildings or structures, except those structures related to the use of the open space, including but not limited to split-rail fences, signs and boundary markers.
(b)
Minimum setback. The setback from the property line to all structures shall be in accordance with the Schedule for Open Space, Buffers and Setbacks for Residential Site Plans, located at the end of this chapter.
(c)
Minimum buffer. The buffer area shall be in accordance with the Schedule for Open Space, Buffers and Setbacks for Residential Site Plans, located at the end of this chapter.
(7)
Maximum amount of building area and size of buildings in the Hamlet Density Zoning District.
[Amended 1-20-2009 by L.L. No. 1-2009]
(a)
The maximum amount of total building area on a parcel shall be limited to the yield as determined by a yield plan multiplied by 1,200 square feet. (Yield shall be determined pursuant to § 240-10B.) The resulting total building area may then be divided into structures.
(b)
At least 50% of the total number of units proposed must not be larger than 1,200 square feet livable floor area. The remaining building area may be distributed among units of varying sizes, provided the total number of dwelling units built does not exceed the yield as determined by the yield plan. Each unit built may have up to 400 square feet incidental floor area in addition to the livable floor area.
(c)
Total building area, for the purpose of this section, is the cumulative amount of livable floor area, as defined below, of all dwellings. Total building area does not include clubhouse or similar amenities structures.
(d)
Livable floor area per unit, for the purpose of this section, is the total area of all floors, including all spaces within the exterior walls of a dwelling unit, with no deduction for hallways, stairs, closets, thickness of interior walls or other interior features. Livable floor area per unit shall exclude incidental floor area. Incidental floor area shall include, but not be limited to garages, unenclosed porches and decks and shall not include unfinished basement area and unfinished attic area.
(8)
Design considerations:
(a)
The location, arrangement, setbacks, size, design and general site compatibility of buildings, structures, landscaping, lighting and signs, in keeping with the character of the community;
(b)
The adequacy, safety and convenience of vehicular traffic access and circulation, including driveways, rights-of-way, curb cuts, intersections, pavement surfaces, traffic controls and designated areas for access to public transportation;
(c)
The adequacy, safety and convenience of pedestrian and bicycle traffic and circulation, including sidewalks, walkways and pedestrian/vehicle conflict points;
(d)
The sufficiency, convenience and appearance of off-street parking and loading areas, including visitor, employee and overflow parking, parking and storage for trailers, boats and recreational vehicles, and the provision of alleyways;
(e)
The provision of and adequacy of emergency lanes, exits, tap streets, other safety zones and the provision of fire hydrants to promote the public safety; and
(f)
The proximity of recreational facilities and open space.
(g)
Garages should be set back from the front facade of the building. Two-car garages should either have a separate door for each bay or have the appearance of an individual door for each bay.
C.
Within 10 days after accepting the application, the Planning Board shall forward the application to the Architectural Review Committee for review. The Architectural Review Committee shall review the application at its next regularly scheduled meeting and make a written recommendation to the Planning Board on the site plan within 10 business days of that meeting. If the Committee fails to make a recommendation within this time period, the project shall proceed to the Planning Board for consideration without Committee review.
E.
Affordable housing requirement. Every new residential site plan involving the creation of five or more dwelling units shall comply with the requirements of § 240-10B(2)(c) of the Code of the Town of Southold, Subdivision of Land, pertaining to the provision of affordable housing, except in the Hamlet Density Zoning District the number of units to be set aside as moderate-income family dwelling units (MIFDU) is reduced from 20% to 10%. The requirements applicable to lots within a subdivision in that subsection shall apply equally to dwelling units in affected residential site plans.
F.
Park and recreation requirement. The provisions of § 240-53 of the Code of the Town of Southold, Subdivision of Land, pertaining to the reservation of parkland in subdivisions, shall apply equally to residential site plans approved under this chapter, except the fee per lot therein shall herein be applicable to each dwelling unit.
G.
Performance bond requirement. The provisions of Article IX, Bonds and Other Security, and Article X, Required Public Improvements; Inspections; Fees, of Chapter 240, Subdivision of Land, of the Code of the Town of Southold, shall apply equally to residential site plans approved under this chapter. Pursuant to Municipal Home Rule Law § 10, § 280-137B, C and D herein supersedes and amends New York State Town Law § 274-a regarding site plan review to the extent that the Planning Board is empowered to impose affordable housing, park and recreation and performance bond requirements in the residential site plan review process.
H.
Phased development. The Planning Board shall permit the phased development of residential properties that meet all other applicable standards, but shall condition the approval of the development of any permitted phase upon the maintenance of the undeveloped phases in their undeveloped condition, and shall prohibit all clearing and site preparation on such undeveloped phases until such time as development is permitted.
I.
Planning Board authority to vary requirements for setbacks, building length, separation and courts and open space.
(1)
The Planning Board shall have the authority to reduce or amend yard setback requirements for individual buildings in favor of a perimeter setback for entire groups of buildings, to require that setbacks from interior streets be varied, and to reduce or amend the requirements of §§ 280-107 and 280-108, and to reduce or amend requirements for open space. In making these decisions, the Planning Board shall take into consideration the benefit to the applicant, as weighed against the detriment to the health, safety and welfare of the neighborhood or community. In making such determination, the Planning Board shall also consider:
(a)
Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the amendment;
(b)
Whether the benefit sought by the applicant can be achieved by some method feasible for the applicant to pursue, other than the sought variance;
(c)
Whether the variance is substantial;
(d)
Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and
(e)
Whether the alleged difficulty was self-created, which shall be relevant to the decision but shall not necessarily preclude the proposed amendment or variance.
§ 280-138 Fee schedule for site plan applications.
[Added 3-29-2005 by L.L. No. 4-2005; amended 6-17-2014 by L.L. No. 7-2014; 3-26-2024 by L.L. No. 7-2024]
A.
The fee for new site plan applications, including without limitation applications relating to vacant sites or sites with no previously approved site plan, shall be a flat fee as determined by resolution of the Town Board plus an additional fee as determined by resolution of the Town Board for each acre (or fraction thereof) in excess of the first acre, plus an additional fee as determined by resolution of the Town Board for each gross square foot of proposed construction.
B.
The fee for amended site plan applications shall be a flat fee as determined by resolution of the Town Board plus an additional fee as determined by resolution of the Town Board for each gross square foot of proposed construction in excess of the square footage of construction included in the previously approved site plan.
C.
The fee for agricultural site plan applications, excepting retail winery operations, shall be a flat fee as determined by resolution of the Town Board.
D.
The fee for new site plan applications for commercial solar energy production systems pursuant to §§ 280-58B(10) and 280-62B(10) shall be a flat fee as determined by resolution of the Town Board, and the fee for an amendment to a site plan application for commercial solar energy production systems shall be as determined by resolution of the Town Board.