Westbury City Zoning Code
ARTICLE XXVIII
Site Development Plans
§ 248-252 Approval required.
[Amended 2-5-1987 by L.L. No. 1-1987]
A.
Where site development plan approval is required by the terms of this chapter, no building permit and, in the case of a change of use, no certificate of occupancy or use shall be issued by the Building Inspector until such plan has been approved by the Planning Board. Furthermore, no certificate of occupancy or use shall be issued for such premises until all of the requirements of the Board's approval, including any conditions attached thereto, shall have been met. Continued conformance with such plan and requirements shall be a condition of the continued validity of the certificate of occupancy or use. Revisions of such plans shall be subject to the same approval requirements. The Planning Board is authorized, subject to final approval by the Village Board, to adopt such rules and regulations as it may deem necessary to properly exercise this power of site development plan review. Notwithstanding any other provision of this chapter, a building permit or a certificate of occupancy or use may be issued by the Building Superintendent without submission of a site development plan and approval thereof by the Planning Board if the Superintendent of Buildings shall determine that the construction or alteration for which a building permit or certificate of occupancy is requested, or the use for which a certificate of use is requested, will not result in any of the following:
(1)
An increase in the number of off-street parking or loading spaces required pursuant to the provisions of Article XXXI of this chapter.
(2)
The enlargement or demolition and reconstruction of greater than 20% of the current floor area or volume of a building.
(3)
The enlargement or demolition and reconstruction of a building, the estimated construction cost of which, as determined by the Superintendent of Buildings, does not exceed the sum of $50,000.
(4)
Any modification or installation of exterior lighting facilities.[1]
[Added 12-2-1999 by L.L. No. 3-1999]
[1]
Editor's Note: Former Subsection B, regarding specific uses requiring approval, added 2-13-2003 by L.L. No. 4-2003, which immediately followed this subsection, was repealed 4-1-2004 by L.L. No. 3-2004.
§ 248-253 Application procedure.
A.
Application for site development plan approval shall be made prior to making application for a building permit or, in the case of a use conversion without additional construction, prior to making application for a certificate of occupancy or use and shall be submitted to the Planning Board at a regular public meeting. Until such time as a complete application, including all of the information and documentation in proper form as required by the Planning Board, has been received by said Board, the application shall not be considered as officially submitted.
B.
The application shall be accompanied by a detailed site development plan prepared by a legally qualified individual or firm, including but not limited to a registered architect or professional engineer, and shall contain at least the following information:
(1)
A location map showing the applicant's entire property and adjacent properties and streets at a convenient scale.
(2)
The proposed location, use and architectural design of all buildings and structures.
(3)
Any proposed division of buildings into units of separate occupancy.
(4)
Existing topography and proposed grade elevations.
(5)
The location of all existing and proposed parking and truck loading areas, with access and egress drives thereto.
(6)
The location of outdoor storage, if any.
(7)
The location and design of all existing and proposed site improvements, including pavement, walks, curbing, drains, culverts, retaining walls and fences.
(8)
A description of the method of sewage disposal and location of such facilities.
(9)
The location, size and design of all signs.
(10)
The location and proposed development of landscaping and buffer screening areas.
(11)
The location, design and proposed hours of operation of lighting facilities.
(12)
The proposed location, size, design and use of all temporary structures and storage areas to be used during the course of construction.
(13)
A signature block for Planning Board endorsement of approval.
(14)
Any other pertinent information required by the Planning Board which is reasonably related to the health, safety and general welfare of the community.[1]
[1]
Editor's Note: Former Subsection B(15), requiring the proposed hours of operation, added 2-13-2003 by L.L. No. 4-2003, which immediately followed this subsection, was repealed 4-1-2004 by L.L. No. 3-2004.
(15)
A stormwater pollution prevention plan consistent with the requirements of Chapter 213, the Stormwater Management Law, and §§ 248-2D, 248-253.1 and 248-253.2 of the Zoning Law of the Village of Westbury shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in §§ 248-2D, 248-253.1 and 248-253.2 of the Zoning Law of the Village of Westbury. The approved site plan shall be consistent with the provisions of §§ 218-10 and 218-12 of the Subdivision of Land Law of the Village of Westbury.
[Added 8-16-2007 by L.L. No. 1-2007]
C.
Stormwater pollution prevention plan requirement.
[Added 8-16-2007 by L.L. No. 1-2007]
(1)
No application for approval of a land development activity shall be reviewed until the appropriate board has received a stormwater pollution prevention plan (SWPPP) prepared in accordance with the specifications in this subsection and § 248-253.1.
(2)
Contents of stormwater pollution prevention plans.
(a)
All SWPPPs shall provide the following background information and erosion and sediment controls:
[1]
Background information about the scope of the project, including location, type and size of project.
[2]
Site map/construction drawing(s) for the project, including a general location map. At a minimum, the site map should show the total site area; all improvements; areas of disturbance; areas that will not be disturbed; existing vegetation; on-site and adjacent off-site surface water(s); wetlands and drainage patterns that could be affected by the construction activity; existing and final slopes; locations of off-site material, waste, borrow or equipment storage areas; and location(s) of the stormwater discharges(s).
[3]
Description of the soil(s) present at the site.
[4]
Construction phasing plan describing the intended sequence of construction activities, including clearing and grubbing, excavation and grading, utility and infrastructure installation and any other activity at the site that results in soil disturbance. Consistent with the New York Standards and Specifications for Erosion and Sediment Control (Erosion Control Manual), not more than five acres shall be disturbed at any one time unless pursuant to an approved SWPPP.
[5]
Description of the pollution prevention measures that will be used to control litter, construction chemicals and construction debris from becoming a pollutant source in stormwater runoff.
[6]
Description of construction and waste materials expected to be stored on-site with updates as appropriate, and a description of controls to reduce pollutants from these materials including storage practices to minimize exposure of the materials to stormwater, and spill-prevention and response.
[7]
Temporary and permanent structural and vegetative measures to be used for soil stabilization, runoff control and sediment control for each stage of the project, from initial land clearing and grubbing to project closeout.
[8]
A site map/construction drawing(s) specifying the location(s), size(s) and length(s) of each erosion and sediment control practice.
[9]
Dimensions, material specifications and installation details for all erosion and sediment control practices, including the siting and sizing of any temporary sediment basins.
[10]
Temporary practices that will be converted to permanent control measures.
[11]
Implementation schedule for staging temporary erosion and sediment control practices, including the timing of initial placement and duration that each practice should remain in place.
[12]
Maintenance schedule to ensure continuous and effective operation of the erosion and sediment control practice.
[13]
Name(s) of the receiving water(s).
[14]
Delineation of SWPPP implementation responsibilities for each part of the site.
[15]
Description of structural practices designed to divert flows from exposed soils, store flows, or otherwise limit runoff and the discharge of pollutants from exposed areas of the site to the degree attainable.
[16]
Any existing data that describes the stormwater runoff at the site.
(b)
Land development activities as defined in § 248-2D of this chapter and meeting Condition A, B or C below shall also include water quantity and water quality controls (postconstruction stormwater runoff controls) as set forth in § 248-253C(2)(c) below as applicable:
[1]
Condition A: stormwater runoff from land development activities discharging a pollutant of concern to either an impaired water identified on the Department’s 303(d) list of impaired waters or a total maximum daily load (TMDL) designated watershed for which pollutants in stormwater have been identified as a source of the impairment.
[2]
Condition B: stormwater runoff from land development activities disturbing five or more acres.
[3]
Condition C: stormwater runoff from land development activity disturbing between one and five acres of land during the course of the project, exclusive of the construction of single-family residences and construction activities at agricultural properties.
(c)
SWPPP requirements for Conditions A, B and C:
[1]
All information in § 248-253C(2)(a) of this chapter.
[2]
Description of each postconstruction stormwater management practice.
[3]
Site map/construction drawing(s) showing the specific location(s) and size(s) of each postconstruction stormwater management practice.
[4]
Hydrologic and hydraulic analysis for all structural components of the stormwater management system for the applicable design storms.
[5]
Comparison of postdevelopment stormwater runoff conditions with predevelopment conditions.
[6]
Dimensions, material specifications and installation details for each postconstruction stormwater management practice.
[7]
Maintenance schedule to ensure continuous and effective operation of each postconstruction stormwater management practice.
[8]
Maintenance easements to ensure access to all stormwater management practices at the site for the purpose of inspection and repair. Easements shall be recorded on the plan and shall remain in effect with transfer of title to the property.
[9]
Inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures in accordance with § 248-253.2.
[10]
For Condition A, the SWPPP shall be prepared by a landscape architect, certified professional or professional engineer and must be signed by the professional preparing the plan, who shall certify that the design of all stormwater management practices meet the requirements in this chapter and Chapter 213.
(d)
Other environmental permits. The applicant shall assure that all other applicable environmental permits have been or will be acquired for the land development activity prior to approval of the final stormwater design plan.
(e)
Contractor certification.
[1]
Each contractor and subcontractor identified in the SWPPP who will be involved in soil disturbance and/or stormwater management practice installation shall sign and date a copy of the following certification statement before undertaking any land development activity: "I certify under penalty of law that I understand and agree to comply with the terms and conditions of the Stormwater Pollution Prevention Plan. I also understand that it is unlawful for any person to cause or contribute to a violation of water quality standards."
[2]
The certification must include the name and title of the person providing the signature, address and telephone number of the contracting firm; the address (or other identifying description) of the site; and the date the certification is made.
[3]
The certification statement(s) shall become part of the SWPPP for the land development activity.
(f)
A copy of the SWPPP shall be retained at the site of the land development activity during construction from the date of initiation of construction activities to the date of final stabilization.
§ 248-253.1 Performance and design criteria for stormwater management and erosion and sediment control.
[Added 8-16-2007 by L.L. No. 1-2007]
All land development activities shall be subject to the following performance and design criteria:
A.
Technical standards. For the purpose of this chapter and Chapter 213 the following documents shall serve as the official guides and specifications for stormwater management. Stormwater management practices that are designed and constructed in accordance with these technical documents shall be presumed to meet the standards imposed by this chapter and Chapter 213:
(1)
The New York State Stormwater Management Design Manual (New York State Department of Environmental Conservation, most current version or its successor, hereafter referred to as the "Design Manual").
(2)
New York Standards and Specifications for Erosion and Sediment Control, (Empire State Chapter of the Soil and Water Conservation Society, 2004, most current version or its successor, hereafter referred to as the "Erosion Control Manual").
B.
Equivalence to technical standards. Where stormwater management practices are not in accordance with technical standards, the applicant or developer must demonstrate equivalence to the technical standards set forth in Subsection A and the SWPPP shall be prepared by a licensed professional.
C.
Water quality standards. Any land development activity shall not cause an increase in turbidity that will result in substantial visible contrast to natural conditions in surface waters of the State of New York.
§ 248-253.2 Maintenance, inspection and repair of stormwater facilities.
[Added 8-16-2007 by L.L. No. 1-2007]
A.
Maintenance and inspection during construction.
(1)
The applicant or developer of the land development activity or their representative shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the applicant or developer to achieve compliance with the conditions of this chapter and Chapter 213. Sediment shall be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by 50%.
(2)
For land development activities as defined in § 248-2D of this chapter and meeting Condition A, B or C in § 248-253C(2)(b), the applicant shall have a qualified professional conduct site inspections and document the effectiveness of all erosion and sediment control practices every seven days and within 24 hours of any storm event producing 0.5 inch of precipitation or more. Inspection reports shall be maintained in a site logbook.
(3)
The applicant or developer or their representative shall be on site at all times when construction or grading activity takes place and shall inspect and document the effectiveness of all erosion and sediment control practices.
B.
Maintenance easement(s). Prior to the issuance of any approval that has a stormwater management facility as one of the requirements, the applicant or developer must execute a maintenance easement agreement that shall be binding on all subsequent landowners served by the stormwater management facility. The easement shall provide for access to the facility at reasonable times for periodic inspection by the Village of Westbury to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this local law. The easement shall be recorded by the grantor in the office of the Nassau County Clerk after approval by the counsel for the Village of Westbury.
C.
Maintenance after construction. The owner or operator of permanent stormwater management practices installed in accordance with this chapter and Chapter 213 shall ensure they are operated and maintained to achieve the goals of this chapter and Chapter 213. Proper operation and maintenance also includes, as a minimum, the following:
(1)
A preventive/corrective maintenance program for all critical facilities and systems of treatment and control (or related appurtenances) which are installed or used by the owner or operator to achieve the goals of this chapter and Chapter 213.
(2)
Written procedures for operation and maintenance and training new maintenance personnel.
(3)
Discharges from the SMPs shall not exceed design criteria or cause or contribute to water quality standard violations in accordance with § 248-253.1C.
D.
Maintenance agreements. The Village of Westbury shall approve a formal maintenance agreement for stormwater management facilities binding on all subsequent landowners and recorded in the office of the Nassau County Clerk as a deed restriction on the property prior to final plan approval. The maintenance agreement shall be consistent with the terms and conditions of Schedule B of Chapter 213, entitled "Sample Stormwater Control Facility Maintenance Agreement." The Village of Westbury, in lieu of a maintenance agreement, at its sole discretion may accept dedication of any existing or future stormwater management facility, provided such facility meets all the requirements of this chapter and Chapter 213 and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance.
§ 248-254 Hearing; action by Planning Board.
A.
The Planning Board shall schedule and conduct a public hearing on each site development plan application within 62 days from the date of the meeting at which it was officially submitted. Public notice of such hearing shall be given by publication in the Village's official newspaper at least 5 days prior to the date thereof. The Planning Board shall mail notice of said hearing to the applicant at least 10 days before such hearing.
[Amended 2-6-1997 by L.L. No. 2-1997; 12-2-1999 by L.L. No. 3-1999]
B.
Notice to County Planning Board. At least 10 days before such hearing, the Planning Board shall mail notices thereof to the County Planning Board, as required by § 239-m of the General Municipal Law, which notice shall be accompanied by a full statement of such proposed action, as defined in Subdivision I of § 239-m of the General Municipal Law. In the event that a public hearing is not required, such proposed action shall be referred before final action is taken thereon.
[Added 12-2-1999 by L.L. No. 3-1999]
C.
Compliance with State Environmental Quality Review Act. The Planning Board shall comply with the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations.
[Added 12-2-1999 by L.L. No. 3-1999]
D.
Within 62 days after such hearing, or after the day the application is received if no hearing is held, the Planning Board shall act to approve, approve with modifications or disapprove the proposed site development plan. A copy of the Board's decision shall within five business days be filed in the offices of the Village Clerk and the Building Inspector and a copy thereof mailed to the applicant.
[Amended 2-6-1997 by L.L. No. 2-1997; 12-2-1999 by L.L. No. 3-1999]
E.
Within 60 days of the date of approval or approval with modifications, the applicant shall present to the Planning Board a corrected final site plan in reproducible form, including any modifications required by the Planning Board as a condition of its approval. Upon verification by the Planning Board and the Village Engineer that the plan complies with the requirements of the Board's approval, the plan shall be endorsed by the Planning Board Chairman and filed with the Building Inspector.
F.
Notwithstanding any other provision of this section, the Planning Board shall not be required to consider, schedule, hear or approve any site development plan application if it shall appear that the applicant has done or permitted to be done any act on the subject site in violation of this chapter or any other chapter of the Code of the Village of Westbury pursuant to which the Planning Board is given jurisdiction or may have lead agency status, provided that the appropriate enforcement officer or employee of the Village shall also determine that a violation has occurred, and has commenced or is about to commence enforcement proceedings in or before the appropriate court and/or agency, until any one of the following events shall occur:
(1)
The apparent violation has been corrected or removed as reported to the Planning Board by the appropriate enforcement officer or employee.
(2)
A final determination has been rendered by the appropriate court or agency dismissing the enforcement proceedings.
(3)
A final determination has been rendered by the appropriate court or agency finding the applicant guilty of violating the Code, the fine or penalty has been paid and the violation corrected, provided that the Planning Board may determine it impossible or impractical to correct the violation and, upon making that finding, may permit the site plan review process to proceed.
G.
For the number of days the site plan review process has been suspended by the Planning Board in the manner herein provided, the time within which the Planning Board must otherwise act with regard to a site development plan application shall be extended correspondingly.
§ 248-255 Standards for approval.
In preparing its decision concerning any site development plan application, the reviewing authority shall consider the following factors:
A.
The nature, arrangement and appearance of all buildings and uses on the lot.
B.
The potential impact of such buildings and uses upon adjacent properties, architectural features and land uses so that:
(1)
They will have a harmonious relationship with the existing and planned development of contiguous lands and adjacent neighborhoods.
(2)
They will have no material adverse effect upon the desirability of such neighborhoods for the uses contemplated by this chapter.
(3)
They will be properly related to the proposals of the Village Development Plan.
(4)
They will provide the required parking and loading spaces.
(5)
Pedestrian and vehicular access, exterior lighting, signing, buffer areas, traffic circulation and the general layout of the site are properly planned with regard to the safety of vehicles and pedestrians using the site, as well as those on neighboring properties and streets.
(6)
They will be sited and located to take advantage of solar access insofar as feasible, including the orientation of proposed buildings with respect to sun angles, the shading and windscreen potential of existing and proposed vegetation both on and off the site and the impact on solar access to adjacent uses and properties.
(7)
The purposes and intent of this chapter will otherwise be met, to the end that the property values will be conserved, the most appropriate use of land will be encouraged and the health, safety and general welfare of the community will be furthered.
C.
In acting to approve a site development plan, with or without modifications, the Planning Board shall attach such conditions and safeguards as it deems necessary to assure that the purposes and intent of these regulations will be complied with.[1]
[1]
Editor's Note: Former Subsection D, regarding the hours of operation of certain business uses, added 2-13-2003 by L.L. No. 4-2003, which immediately followed this subsection, was repealed 4-1-2004 by L.L. No. 1-2004.
§ 248-256 Planning Board initiative.
The Planning Board may, on its own initiative, propose a general or specific site plan for a particular area where a site development plan approval may be required in the future, using as a guide the requirements of this Zoning Chapter.
§ 248-257 Completion of improvements required; bond.
A.
Completion of improvements or filing of bond. After adoption of a resolution approving a site development plan, and before the plan is endorsed by the Planning Board Chairman or other duly authorized member, the applicant shall be required to complete, at his expense and without reimbursement by the Village or any special district, all public improvements as shown on the approved construction plans or otherwise specified in the resolution or, as an alternative, file with the Village Board a bond in an amount fixed by the Planning Board in its resolution as sufficient to secure to the Village the satisfactory construction, installation and completion of the required improvements. Such bond shall state the period within which the required improvements must be completed, which period shall be that specified in the Planning Board resolution. All improvements shall be done to the satisfaction of the Planning Board, in accordance with the approved construction plans and the requirements of this chapter and any other Village construction standards and specifications.
B.
Failure to complete improvements.
(1)
Where a bond is not filed: If all required improvements are not completed within the period specified in the Planning Board resolution of approval, such approval shall be deemed to have expired, unless, upon request of the applicant, the period has been extended by resolution of the Planning Board.
(2)
Where a bond is filed: If all required improvements are not completed within the term specified by the Planning Board and set forth in the filed bond, and if no application for extension of such period and bond has been made by the applicant with the written consent of the surety company and approved by the Planning Board, the Village Board may thereupon declare said bond to be in default and collect the sum remaining payable thereunder and, upon receipt of the proceeds thereof, the Village shall install such improvements as are covered by the bond and are commensurate with the extent of development that has taken place on the site, but not exceeding in cost the amount of such proceeds.
C.
Modification of bond.
(1)
Extension of period specified in bond: The period specified for the completion of all required improvements, as set forth in the bond, may be extended only by resolution of the Planning Board upon request by the applicant with the written consent of the surety company setting forth in detail the amount of work which has been completed, reasons for failure to complete the remainder of the work within the specified period, the maximum estimated time required to complete the remainder of the work and the time period extension which is requested.
(2)
Reduction of bond: An applicant may request, in writing, that the Planning Board authorize a reduction in the amount of the bond. Such request shall itemize the extent to which required improvements have already been completed, the estimated cost of improvements remaining to be completed and the amount of bond reduction requested. It shall be accompanied by a cost estimate fee in an amount as set from time to time by resolution of the Board of Trustees, payable to the Village of Westbury. Then, upon approval of the Village Board, and after due notice and public hearing, the Planning Board may, if it determines that sufficient required improvements have been installed to warrant such action, reduce the face amount of the bond by an appropriate amount so that the new amount will cover the cost in full of all required improvements remaining to be completed and any security deposited with the bond may be reduced proportionately.
[Amended 12-2-1999 by L.L. No. 3-1999]
D.
Modification of requirements. If at any time, either before or during the course of construction of the required improvements, it is determined by the Planning Board that unforeseen conditions make it necessary to modify the location or design of any improvements, the Board may modify the terms and conditions of the approval so as to require such changes as may be necessary to comply with the spirit and intent of the Board's original approval and to conform to accepted engineering practices. If such modification affects the scope of work covered by a bond, the Board may require or allow appropriate modification of such bond.
§ 248-258 Inspection of improvements.
A.
The Building Inspector shall be responsible for inspecting required improvements during construction to ensure their satisfactory completion and, upon such completion, shall furnish the Planning Board with a statement to that effect. If the Building Inspector determines that any of the required improvements have not been constructed in accordance with the approved plan, the applicant shall be responsible for properly completing said improvements. Failure of the Building Inspector to carry out inspections of required improvements during construction shall not in any way relieve the applicant or the bonding company of their responsibilities related to the proper construction of such improvements.
B.
Inspection fee. To offset the costs incurred by the Village in conducting inspections, all applicants for approval of site plans involving the construction of streets, utilities, parking lots, retaining walls, landscaping and/or other improvements shall be required to submit an inspection fee, payable to the Village of Westbury, equal in amount to 3% of the estimated cost of improvements as determined by the Planning Board.
§ 248-259 Lapse of site development plan approval.
[Added 12-3-1992 by L.L. No. 10-1992]
Except where the Planning Board, on its own initiative, shall have adopted a site development plan pursuant to § 248-256 hereinabove, a site development plan approval granted by the Planning Board shall lapse and become void and of no effect unless a building permit for each structure included on such site development plan shall have been issued within one year immediately following the date on which such site development plan has been endorsed with the approval of the Planning Board.[1]
[1]
Editor's Note: Former § 248-259.1, Sign applications, added 6-3-1999 by L.L. No. 1-1999, which immediately followed this section, was repealed 5-3-2001 by L.L. No. 2-2001.