Valley Stream City Zoning Code
ARTICLE XXVII
Site Development Plan Review and Approval
§ 99-2701 Approval required.
Site development plan review and approval shall be required prior to the issuance of a building permit, certificate of occupancy or certificate of completion in the following instances:
A.
All new construction, except for subsequent additions, alterations or structures accessory to single-family and two-family detached homes.
B.
Any modification or alteration of a nonresidential building exterior, excluding cosmetic facade changes.
C.
Any modification or alteration of a building interior, excluding minimal repairs or general maintenance, except for subsequent additions, alterations or structures accessory to single-family and two-family detached homes.
D.
Any change of use of any building, structure or lot; except, however, that in those applications where the proposed development does not include any of the enumerated instances contained in § 99-2701A through C and E through F, site development plan review shall not require approval by the Board of Appeals for any change of use from one of the permitted uses enumerated in § 99-1201A through D, § 99-1301A through D or § 99-1401A through D to another permitted use enumerated in § 99-1201A through D, § 99-1301A through D or § 99-1401A through D.
[Amended 9-27-1999 by L.L. No. 14-1999]
E.
Any change or alteration in off-street parking availability or traffic flow in a parking lot.
F.
Any application for a building permit that requires a variance or special use application from the Board of Appeals, except for subsequent additions, alterations or structures accessory to single-family and two-family detached homes.
G.
Any establishment of an additional use, whether principal or accessory, at any existing premises.
§ 99-2702 Site development plan review and authority.
The Board of Appeals shall have site development plan review and approval authority. The Board of Appeals may approve, approve with modifications or disapprove site development plans prepared to specifications set forth in this article.
§ 99-2703 Contents of site development plan.
The site development plan shall show the layout, nature and design of the proposed use of the land. Such plan shall include, where appropriate, those elements relating to parking, means of access, screening, signs, landscaping, architectural features, location and dimensions of buildings, impact of the proposed use on adjacent land uses and such other elements as may reasonably be related to health, safety and general welfare of the community.
§ 99-2704 Review considerations.
In considering the acting upon site development plans, the Board of Appeals shall take into consideration the public health, safety and welfare, the comfort and convenience of the public in general and of the prospective occupants of the proposed development and the immediate neighborhood in particular and may prescribe such appropriate conditions and safeguards as may be required in order to further the expressed intent of this chapter and accomplish the following objectives in particular:
A.
Traffic access. All proposed traffic access will be adequate but not excessive in number, adequate in width, grade, alignment, visibility and separation from street corners or other major access points and other similar safety considerations.
B.
Circulation and parking. Adequate off-street parking and loading spaces will be provided to prevent parking of vehicles on public streets. The interior circulation system will be adequate to provide safe accessibility to all required off-street parking.
C.
Landscape and screening. All recreation areas, parking and service areas, open and unused areas shall be reasonably screened from view of adjacent residential uses and streets at all seasons of the year. All landscaping shall be maintained.
D.
Compatibility. Architectural design shall be in harmony with the character of the surrounding area. Signs and lights will be compatible and in scale with building elements and will not dominate the overall visual impact of the project. Textures of buildings and paved areas will be sufficiently varied to prevent monolithic appearance particularly areas of paved parking.
E.
Environment. The design, layout and operational characteristics of the proposed use will not represent significant impact on the environment or result in a waste of the land and other natural resources of the Village. To the greatest possible extent, development will be in harmony with the natural environment and adequate compensatory devices will be prescribed to offset potential significant deterioration resulting from the project.
F.
Development. The site plan elements, including buildings, parking, drainage, circulation, utilities, provision for emergency services, signs and lighting will not adversely effect the potential of adjacent properties or the property under review from its highest and best use.
G.
Land use. The site plan shall indicate the proposed land use (i.e., retail, residential, industrial, etc.) in order to demonstrate that the provisions of this article shall be met and the use shall be conducted with reasonable efficiency.
H.
Refuse collection. There shall be provisions for adequate facilities for refuse and garbage storage and collection.
§ 99-2705 Waiver of site development plan review.
The Board of Appeals may waive, without a public hearing, required site development plan review and approval when, in its determination, the proposed development will cause no significant adverse impact on adjacent properties. In waiving site development plan approval, the Board of Appeals may impose appropriate conditions.
§ 99-2706 Site development plan application procedures.
The site development plan shall be made on forms prescribed by the Village Board or Superintendent and accompanied by a fee set by the Village Board. Such application shall be submitted to the Superintendent at least four weeks prior to the meeting at which review is sought. The Superintendent shall determine if the application is in proper form and, if so, shall cause it to be referred to such Village departments, agencies and consultants as are necessary to evaluate the application and shall cause a consolidated report to be prepared for the next available Board of Appeals agenda. Applications not in proper form shall be rejected in writing within 20 days after submission. A copy of such rejection shall be sent to the Board of Appeals.
§ 99-2707 Final review and approval.
A.
The final site development plan review and all supporting materials shall be reviewed by the Board of Appeals. The Board of Appeals shall make a determination on the application within 62 days of the close of the public hearing. An adjournment of the hearing for any reason shall not constitute a close of the public hearing.
B.
The Board of Appeals shall include such conditions of approval as it deems appropriate, and in addition:
(1)
The Board of Appeals may require that on-site or off-site improvements be installed. The Board may further require that all such off-site improvements and/or drainage systems be installed on property granted to the Village by fee, easement or otherwise, by the applicant as determined by the Board.
(2)
No final certificate of occupancy or completion shall be issued for the site until all the improvements shown on the site development plan, including off-site improvements, as approved, have been installed and all easements and property interests granted or dedicated to the Village.
(3)
A temporary certificate of occupancy or completion for periods of 90 days, but not more than one year in aggregate, for a building, structure or part thereof may be issued before all the on-site improvements are complete, provided that such portion or portions of the site improvements as are necessary to permit the site to be occupied safely without endangering life or the public welfare have been completed. The Village Board may require a cash deposit or letter of credit to insure and guarantee the completion of the on-site improvements. The Village Board shall determine the sum of the cash deposit or letter of credit.
(4)
The site shall be developed in strict conformity with the approved site development plan except as provided below when the approval of a field change is requested of the Superintendent or other appropriate inspecting agency in writing.
§ 99-2708 Signing and filing.
Upon submission of the final site development plan with modifications required by the Board of Appeals in its final approval, the Chair of the Board of Appeals shall sign the approved site development plan and file one copy with the Superintendent, who shall thereafter issue a building permit.
§ 99-2709 Amendments to approved plans.
An application for an amendment of any approved site development plan approval shall be processed in accordance with the preceding provisions. Only those site development plan elements proposed to be modified or changed need be presented. However, where such modifications or changes have a material and substantial impact on the balance of the site (for example, change of use, increase in dwellings, building height, floor area, lot coverage, etc.), the applicant shall reapply for site development plan approval in accordance with § 99-2706 of this article. The applicant's licensed design professional shall submit a letter and a drawing indicating the scope of the proposed change. The Board of Appeals will then schedule such requested amendment for a public hearing, if it determines such a hearing to be necessary. All review and approval procedures established herein shall apply to a request to amend an approved site development plan.
§ 99-2710 Site maintenance.
It shall be the duty of every property owner to maintain his property in conformity with the approved site plan. Failure to do so shall constitute a violation of this chapter.
§ 99-2711 Field changes.
A field change may be approved by the Superintendent or Village Engineer and he may withhold his decision until receiving the approval of the majority of the members of the Board of Appeals and/or after site visits or telephone consultation with such members.
§ 99-2712 Unauthorized alterations.
If any substantial aspect of an approved site development plan is altered without prior approval of the Board of Appeals, the plan shall automatically become void and be deemed revoked. The Board of Appeals shall determine if an alteration constitutes a substantial aspect of an approved site development plan. If requested by the applicant or the Superintendent, the Board of Appeals shall make such determination. After said Board has made such determination, the Chair shall give written notification of the determination to whomever so inquired.
§ 99-2713 Referral to Nassau County Planning Commission.
Any application for a site development plan review shall be referred to the Nassau County Planning Commission as required and in accordance with § 99-2508 of this chapter.
§ 99-2714 Fees.
Fees for site development plan review and an amended site development plan review shall be established by the Village Board by resolution at an open meeting.