[HISTORY: Adopted by the Board of Trustees
of the Village of Sands Point 10-22-1996 by L.L. No. 2-1996; amended in its entirety 3-31-1997 by L.L. No.
3-1997. Subsequent amendments noted where applicable.]
This chapter shall be known and cited as the
"Village of Sands Point Site Plan Review Law."
[Amended 2-27-2018 by L.L. No. 1-2018]
A.
The Board of Trustees of the Incorporated Village of Sands Point
(hereinafter the "Board of Trustees") hereby finds that in order to
ensure that future land use, development and construction activities
within the Village of Sands Point (hereinafter the "Village") will
have a harmonious relationship with the existing or permitted use
of contiguous land and with surrounding neighborhoods, and to otherwise
promote the health, safety, general welfare, comfort and convenience
of the Village and its residents, site plans for new land use, development
and construction activities proposed within the Village should be
subject to Village Board of Appeals or Planning Board review in accordance
with the provisions of this chapter.
B.
It is, therefore, the intent of the Board of Trustees, and the purpose
of this chapter, to establish a procedure for site plan review for
new land use, development and construction activities proposed within
the Village consistent with and pursuant to § 7-725-a of
the Village Law of the State of New York, and to authorize the Board
of Appeals and Planning Board to review and provide it with appropriate
standards in its review of all site plans for compliance with certain
site plan elements, which include, where appropriate, those relating
to parking, means of access, traffic, screening, lighting, signs,
landscaping, architectural features, location and dimension of buildings,
adjacent land uses and physical features meant to protect adjacent
buildings and land uses, as well as any additional site plan elements
specified herein.
[Amended 2-27-2018 by L.L. No. 1-2018; 9-2-2021 by L.L. No. 4-2021]
B.
Upon approval of a site plan, the Board of Appeals may impose reasonable
conditions and restrictions as are related to and incidental to the
proposed site plan. Thereupon, such imposed conditions must be met
before the issuance of permits by applicable enforcement agencies
or officials of the Village.
C.
The Board of Appeals shall have jurisdiction over all site plan review
applications.
D.
For purposes of this chapter, the term "Board" shall refer to the
Board of Appeals.
A.
Except as otherwise provided in this Code, the following
applications for land use, development and construction activities
within the Village shall require site plan review and approval:
(1)
All new dwellings or other principal structures and
land uses permitted in the Residence A District, Residence B District
and Residence C District.
(2)
All buildings, structures and land uses accessory
to a residential land use permitted in the Residence A District, Residence
B District and Residence C District, prior to the issuance of a certificate
of occupancy for the principal building or structure.
(3)
All buildings, structures or land uses accessory to
a nonresidential land use permitted in the Residence A District, Residence
B District and Residence C District.
(4)
All new buildings, structures or land uses for which
a use variance has been granted.
(5)
Any addition to or reconstruction of all or part of a principal structure which equals or exceeds 50% of the square footage of the gross floor area of the structure as originally constructed or as last modified pursuant to site plan approval, or equals or exceeds a gross floor area limitation imposed by decision of the Board of Appeals. As used in this chapter, "gross floor area" shall be calculated in accordance with the definition of that term as set forth in § 176-2B of this Code.
(6)
Any reconstruction of a principal structure damaged
by fire or other incident, the cost of which equals or exceeds 50%
of the market value of the structure at the time the damage occurred.
B.
No building permit for a building or structure subject to site plan
review shall be issued by the Building Department, except upon authorization
of and in conformity with a site plan approved by the Board.
[Amended 2-27-2018 by L.L. No. 1-2018]
C.
Modification to an approved site plan.
[Added 4-25-2000 by L.L.
No. 1-2000; amended 2-27-2018 by L.L. No. 1-2018]
(1)
Except as provided in Subsection D hereof, in the event that a modification is proposed to an approved site plan which has not been issued a certificate of occupancy/completion, an application for site plan review of the modified plan must be made to and approved by the Board before a building permit for the modified plan may be issued.
D.
Minor modification to an approved site plan. An application to amend
or modify an approved site plan which has not been issued a certificate
of occupancy/completion will not require Board site plan review if,
in the unanimous opinion of the Building Commissioner and two members
of the Board appointed by the Chairman of the Board for such purpose,
the modification is minor. A "minor modification" is defined as one
which does not cause any material change in the overall design, layout
or appearance of the site. Upon such determination, a building permit
may be issued upon compliance with all other applicable requirements.
[Added 4-25-2000 by L.L.
No. 1-2000; amended 2-27-2018 by L.L. No. 1-2018]
E.
Exception from site plan review and approval.
[Added 5-24-2016 by L.L.
No. 6-2016]
(1)
An applicant may qualify for an exception from site plan review and approval under Village Code § 132-4A(5), if the applicant demonstrates to the Building Commissioner, or his/her designee, each of the following factors:
(a)
The size of the principal structure when built was less than
50% of the maximum gross floor area permitted under the Village Code
for the district in which the structure is situated;
(b)
The proposed addition is less than 10% of the gross floor area
of the existing principal structure;
(c)
The applicant has performed nor only one prior addition to the
existing principal structure at the premises, and that if a prior
addition was performed, the gross floor area of the then existing
principal structure was increased by less than 10% of the gross floor
area of the existing principal structure at that time;
(d)
The applicant acquired the premises at issue in an arms-length
transaction for use as the applicant's residence and not for investment
purposes; and
(e)
There are no other discretionary Board approvals required in
connection with the construction project.
[Amended 2-27-2018 by L.L. No. 1-2018]
(2)
If the Building Commissioner, or his/her designee, finds in his/her discretion that factors set forth in Village Code § 132-4E(1) have been met, then the application will be referred to the Board of Trustees and placed on the agenda for the next regularly scheduled public meeting for consideration for an exception from Village Code § 132-4A(5). The decision as to whether an exception to Village Code § 132-4A(5) should be granted shall be solely within the legislative discretion of the Board of Trustees. The Board may consider all factors that it deems relevant in order to make such a determination.
[Amended 12-19-2006 by L.L. No. 3-2006; 2-27-2018 by L.L. No. 1-2018]
A.
Applications for site plan approval shall be submitted to the Village
Clerk, as Secretary of the Board, after appropriate review of a building
permit application by the Building Department and at least 30 days
prior to the Board meeting at which the site plan is to be considered
and, except as otherwise provided herein, shall include 12 copies
of each of the following items, to be submitted in separate and complete
sets:
(1)
Application form for site plan review, in form and
substance satisfactory to the Building Department.
(2)
Site survey, showing all existing structures, prepared,
signed and sealed by a licensed land surveyor.
(3)
Site plan for the proposed land use, drawn at a scale
of not less than one inch equals 20 feet, signed and sealed by a licensed
architect or engineer, and which shall include the following information:
(a)
A title block located in the lower right-hand
corner of the site plan and shall include the name and address of
the applicant and record owner of the property, the property's designation
on the Nassau County Land and Tax Map, and the title of the project.
If the applicant or property owner is a corporation, the name and
address of the president and secretary shall be submitted with the
application.
(b)
A date block of the site plan adjacent to the
title block containing the date of preparation and dates of all revisions.
(c)
A key map showing the location of the property
with reference to surrounding areas and existing street intersections
within 1,000 feet of the boundaries of the subject premises.
(d)
A written and graphic scale, as well as a North
arrow.
(e)
Zoning District boundaries shall be shown on
the site plan as they affect the parcel.
(f)
Survey data showing boundaries of the property,
required building and setback lines and lines of existing and proposed
streets, lots, reservations, easements and areas dedicated to public
use, including grants, restrictions and rights-of-way.
(g)
Reference to any existing covenants, restrictions,
easements or exceptions that are in effect or are intended to cover
all or any of the property. A copy of such covenant, restriction,
easement or exception shall be submitted with the application. If
there are no known covenants, deed restrictions, easements or exceptions
affecting the site, a notation to the effect shall be indicated on
the site plan map.
(h)
Location of existing structures on the site.
The plan shall contain a notation indicating any structures that are
to be removed.
(i)
All distances, as measured along the right-of-way
lines of existing streets abutting the property, to the nearest intersection
with any other street.
(j)
Location plans and elevations of all proposed
structures.
(k)
Location of all existing and proposed driveways,
walkways and impervious surfaces located on the property.
(l)
Location of all existing storm drainage structures,
soil erosion and sediment control devices and utility facilities,
including electric, water, telephone and cable television, which are
located within the property lines.
(m)
Existing and proposed contours according to
United States Geodetic Survey Datum at intervals not to exceed two
feet. Existing contours are to be indicated by solid lines; proposed
contours are to be indicated by dashed lines.
(n)
Existing elevations of the road or right-of-way
contiguous to the site.
(o)
The location of all existing significant natural
features, such as boulders, rock outcrops, watercourses, depressions,
ponds, marshes and other wetlands, whether or not officially mapped.
(p)
All proposed streets, with profiles indicating
grading and cross sections showing width of roadway, location and
width of sidewalk, if any, and location and size of utility lines.
(q)
All means of vehicular ingress and egress to
and from the site onto public or private streets, showing the size
and location of driveways and curb cuts and sidewalks, if any.
(r)
All provisions for pedestrian access to the
site and internal pedestrian circulation.
(s)
The location and design of any off-street parking
areas, loading or outdoor storage areas.
(t)
The location of all proposed water lines, valves
and hydrants and all sewer lines or alternative means of water supply
or sewage disposal and treatment.
(u)
The proposed location, direction of illumination,
power and time of proposed outdoor lighting.
(v)
The location, design and type of construction
of all proposed signs.
(w)
The proposed stormwater drainage system.
(x)
Structural elevation calculations.
(y)
Zoning calculations.
(z)
Illustration of all proposed structures as they
relate to sky exposure plane.
(aa)
Delineation of Floodplain Zone as shown on the
Flood Insurance Rate Map prepared by the Federal Emergency Management
Agency and adopted by the Village of Sands Point.
(bb)
Delineation of Coastal Erosion Hazard Area,
if the property is located within the Village-designated Coastal Management
Zone.
(cc)
Delineation of tidal and freshwater wetlands
areas as designated by the New York State Department of Environmental
Conservation.
(4)
Landscaping plan, drawn at a scale of not less than
one inch equals 20 feet and which contains the following information:
(a)
Outlines of all existing and proposed structures,
driveways, walkways and impervious surfaces to be located on the property.
(b)
The location of all existing significant natural
features, such as boulders, rock outcrops, watercourses, depressions,
ponds and marshes.
(c)
The location of all trees, identified by type
or species and size, bearing a truck circumference greater than 20
inches measured at a point four feet six inches above ground level.
(d)
The location of all trees, shrubs and/or any
vegetation, identified by type or species, which are to be removed.
(e)
The location of all trees, shrubs and/or any
vegetation, identified by type or species, which are to be preserved.
(f)
Location of all trees, shrubs and/or other vegetation,
identified by size, height and type or species, which are to be provided.
(g)
A separate list of all trees and shrubs identified
by size, height and type or species that are to be removed and/or
to be provided.
(5)
Photographs (two sets only) of existing structures
of the property and surrounding landscaping/screening.
(6)
Environmental assessment form completed and signed
by the applicant.
(7)
Original building permit application which was reviewed
by the Building Department.
(8)
Building Department's memorandum of review.
(9)
Identification of all required permits or approvals
from the Village or any other governmental body, and a record of application
for and status of such permits or approvals.
(10)
Radius Map showing all properties within 200
feet of the subject property, and a list of property owners and addresses
as shown on the latest assessment roll for all parcels identified
on the Radius Map.
[Amended 1-23-2024 by L.L. No. 2-2024]
(11)
Certificate of title and deed(s) for the existing
lot(s).
(12)
Letter from the Sands Point Water District regarding
availability of water to the site (for new structures only).
(13)
All appropriate permit fees, charges and deposits required by the Village pursuant to Chapter 82 of the Village Code.
(14)
Any other information found by the Board or Building Department
to be necessary to reasonably determine compliance of the site plan
with this chapter and Village Law, § 7-725-a.
(15)
A stormwater pollution prevention plan consistent with the requirements of Chapter 139, Article I, shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Chapter 139, Article I. The approved site plan shall be consistent with the provisions of Chapter 139, Article I.
B.
The Building Department may waive any of the above requirements it
determines to be unnecessary for the appropriate review of a particular
application but such waiver shall not be binding upon the Board.
[Amended 2-27-2018 by L.L. No. 1-2018]
A.
In reviewing any application for site plan approval,
the Board shall be guided, as appropriate, by the following general
and specific considerations:
(1)
The location, arrangement, size, design and general
site compatibility of buildings and structures.
(2)
The adequacy and arrangement of vehicular access and
circulation. All driveways to a public or private street shall be
so located to afford maximum safety to said roadway and to provide
for safe and convenient ingress and egress and to minimize conflict
with the flow of traffic, and shall be designed to permit emergency
vehicles and service vehicles, such as delivery trucks, solid waste
collection vehicles and the like to have reasonable access to and
space for their intended functions.
(3)
The adequacy and arrangement of off-street parking,
loading and outdoor storage.
(4)
The adequacy and arrangement of pedestrian traffic
access and circulation.
(5)
The adequacy of stormwater and drainage facilities.
Provision shall be made for the drainage of surface runoff waters
in and from the premises so that flooding and erosion of the property
and the property of others will be prevented.
(6)
The adequacy of water supply and sewage disposal facilities.
(7)
The adequacy, type and arrangement of trees, shrubs
and other landscaping and natural screening constituting a visual
and/or noise buffer between the applicant's and adjoining lands, including
the maximum feasible retention of existing vegetation.
(8)
The adequacy of fire lanes and other emergency zones
and the provision of fire hydrants.
(9)
Protection of adjacent or neighboring properties against
noise, glare, unsightliness and nuisances.
(10)
The overall impact of the proposed development
on the neighborhood and surrounding uses, including compatibility
of architectural and design considerations.
B.
The Board shall not approve a site plan application
unless it finds affirmatively that the building or structure, if constructed,
erected, reconstructed or altered in accordance with the submitted
plan, will not:
(1)
Be visually offensive or inappropriate by reason of
poor quality of exterior design, monotonous similarity or striking
visual discord in relation to the sites or surroundings;
(2)
Mar the appearance of the area;
(3)
Impair the use, enjoyment and desirability and reduce
the value of properties in the area;
(4)
Be detrimental to the character of the neighborhood;
(5)
Prevent the most appropriate development and utilization
of the site or of adjacent land; and
(6)
Adversely affect the functioning, economic stability,
prosperity, health, safety and general welfare of the entire community.
[Amended 2-27-2018 by L.L. No. 1-2018]
The Board shall conduct a public hearing with
regard to every application for site plan review within 62 days of
the date the application is found to be complete by the Board of Appeals.
[Amended 1-23-2024 by L.L. No. 2-2024]
A.
Before
the application will be heard, the applicant must provide notice of
the public hearing to property owners as shown on the latest assessment
roll within a radius of 200 feet of the subject property, in the manner
provided herein, and must file an affidavit as to the service of such
notice in accordance with this section with the Village not less than
five days before the public hearing. The notice of public hearing
shall be served to each affected owner identifying the subject property,
enclosing the official Village notice, and the date, time, and place
for the public hearing. The notice of public hearing shall be served
not less than 10 nor more than 20 days before the public hearing by
first-class mail, and by certified mail return receipt requested or
by a nationally recognized courier that can provide proof of delivery.
B.
The Village
shall cause a notice of the public hearing to be published in an official
newspaper of the Village at least five days prior to the public hearing.
A.
The Board shall render a decision on each site plan
application within 62 days after the public hearing portion of the
review procedure is closed.
[Amended 2-27-2018 by L.L. No. 1-2018]
B.
The Board's decision shall be filed in the office
of the Village Clerk within five business days after such decision
is rendered and a copy mailed to the applicant.
C.
The time period in which the Board must render its
decision may be extended by mutual consent of the applicant and the
Board.
[Amended 2-27-2018 by L.L. No. 1-2018]
[Amended 2-27-2018 by L.L. No. 1-2018]
Any person aggrieved by a final site plan determination
by the Board may apply to the Supreme Court for review by a proceeding
under Article 78 of the Civil Practice Law and Rules. Such proceedings
shall be instituted within 30 days after the filing of a decision
in the office of the Village Clerk.
[Amended 2-27-2018 by L.L. No. 1-2018]
Any requirement for the approval or approval
with modifications and/or conditions of site plans submitted for approval
may be waived by the Board, upon a finding that such requirement is
not in the interest of the public health, safety or general welfare,
or is inappropriate to a particular site plan.
[Amended 2-27-2018 by L.L. No. 1-2018]
The Board may, consistent with this chapter,
adopt such further rules and regulations, after public hearing, as
it deems reasonably necessary to carry out the provisions of this
chapter.
Where a proposed site plan contains one or more features which do not comply with the bulk and area requirements of Chapter 176, Zoning, applications may be made directly to the Board of Appeals for an area variance, without first obtaining a final decision or determination by the Building Department.
[Amended 2-27-2018 by L.L. No. 1-2018]
A.
Until a certificate of occupancy or certificate of
completion has been issued with respect to each construction, reconstruction,
alteration, addition or improvement contained within an approved site
plan, the Board shall have continuing jurisdiction to review and act
upon a site plan, including any and all amendments to the approved
site plan.
B.
The Board shall review and act upon an application
for an amendment to an approved site plan in the same manner as the
review of an original site plan.
C.
In the event that it is determined that unauthorized
changes have been made to an approved site plan, the Board may rescind
its prior site plan approval in its entirety or in part.
Unless otherwise indicated, all construction,
reconstruction, alterations, additions, improvements or placement,
relocation or removal of fill in excess of 50 cubic yards, included
in or required by a proposed site plan, shall comply with all other
applicable ordinances, local laws, rules and regulations of the Village
and any other governmental entity.
[Amended 2-27-2018 by L.L. No. 1-2018]
A.
A violation of any provision of this chapter by the owner, general
agent or contractor of a building or premises where such violation
has been committed or shall exist, and the lessee or tenant of an
entire building or entire premises where such violation has been committed
or shall exist, and the general agent, architect, builder, contractor
or any other person who knowingly commits, takes part or assists in
any such violation or who maintains any building or premises in which
such violation shall exist, shall be liable for:
(1)
A fine not exceeding $3,000 for a conviction of a first offense;
for a conviction of a second offense, both of which were committed
within a period of five years, punishable by a fine not less than
$3,000 nor more than $5,000; and upon conviction for a third or subsequent
offense, all of which were committed within a period of five years,
punishable by a fine not less than $5,000 nor more than $7,000; or
(2)
A civil penalty not exceeding $3,000 for a first offense; for a conviction
of a second offense, both of which were committed within a period
of five years, a civil penalty of not less than $3,000 nor more than
$5,000; and upon conviction for a third or subsequent offense, all
of which were committed within a period of five years, punishable
by a civil penalty not less than $5,000 nor more than $7,000.
B.
Each week's continued violation shall constitute a separate additional
violation, for which separate and additional fines and punishment
or civil penalties may be imposed and recovered.
C.
In the event the penalty sought is within the monetary jurisdiction
of the Justice Court, as established in Article 18 of the Uniform
Justice Court Act, such action to recover such penalty may, as shall
be determined by the Village Attorney, be commenced in the appropriate
court as a small claim action.
D.
The imposition of a penalty or fine as provided above or as specifically
provided in any chapter of the Village Code or local law, ordinance,
rule or regulation of the Village shall be in addition to any injunctive
or remedial relief for any civil penalty which is authorized under
the laws of the Village of Sands Point, with the same force and effect
as though provided for herein. Such penalty or fine shall not be deemed
to be in lieu of any provision for revocation or suspension of any
license or permit.
A.
The Board may condition site plan approval upon the
applicant's submission to the Village Clerk of a cash deposit, performance
bond or irrevocable letter of credit, in an amount determined by the
Board of Appeals after recommendation from the Village Engineer, which
amount shall be sufficient to ensure that all improvements and landscaping,
as shown on the approved site plan, shall be completed and to ensure
against damage to the infrastructure, including public and private
roads and drainage structures.
[Amended 2-27-2018 by L.L. No. 1-2018]
B.
If public improvements are required, a separate cash
deposit, performance bond or irrevocable letter of credit, in an amount
determined by the Board after recommendation from the Village Engineer,
which amount shall be sufficient to ensure that all required public
improvements shall be completed.
[Amended 2-27-2018 by L.L. No. 1-2018]
C.
Any bond required to be posted in connection with a site plan approval shall include the language set forth in Village Code, § 82-14.
D.
No performance bond or irrevocable letter of credit
shall be accepted by the Village Clerk unless approved as to form
and substance by the Village Attorney.
Site plan approval shall automatically terminate
one year after the resolution granting approval is filed in the office
of the Village Clerk, unless a building permit has been issued thereon.
