[Added 3-11-1991 by L.L. No. 2-1991;
amended 1-28-2003 by L.L. No. 1-2003; 5-7-2007 by L.L. No. 6-2007]
The intent and purpose of site plan approval
is to ensure that any plot of land affected thereby shall be developed
with proper regard for the public health, safety, welfare, comfort
and convenience of the public in general and of the occupants and
users of the subject land and buildings in particular and to preserve
the property values and the charm, beauty and attractiveness of the
residential and business areas of the Village, by providing procedures
for architectural review of all structures where site plan approval
is required. The Board of Trustees hereby finds that structures of
poor quality of exterior design or excessive similarity or excessive
dissimilarity in relation to their sites or surroundings, or mar the
appearance of their areas, decrease the attractiveness of the Village
or area, impair the use, enjoyment, stability and desirability and
reduce the values of properties are detrimental to the characters
of neighborhoods, prevent the most appropriate utilization of land
and, therefore, adversely affect the functioning, economic stability,
prosperity, health, safety and general welfare of the entire community
and are aesthetically inappropriate and visually offensive. The Board
of Trustees finds that in order to promote and secure the health,
safety, comfort and general welfare of the community and in order
to preserve the property values and the character and attractiveness
of the residential and business areas it is necessary to prevent said
designs which are aesthetically inappropriate and which do not relate
or are not similar to the design and aesthetics of surrounding sites
and structures as such buildings or structures are offensive to the
visual sensibilities.
[1]
Editor's Note: Former § 105-186,
Moratorium, adopted 4-11-1988 by L.L. No. 11-1988, as amended, was
removed at the expiration of the moratorium period.
Prior to the issuance of a building permit in
any business or industrial or office-residence zoning district, or
for a multifamily dwelling in any district or for subdivisions, for
a new building or structure or for an exterior alteration on a commercial
building or a significant addition exceeding 50% of the total elevation
of the existing residential building or structure as determined by
the Superintendent of Buildings or for any new or altered land use
activities, the Superintendent of Buildings shall require site plan
approval in accordance with the provisions of this article. Site plan
approval shall include architectural review in accordance with this
section. The Superintendent of Buildings shall notify any applicant
for a building permit in each case where site plan approval is required.
Henceforth all operations subject to site plan
approval in the Village shall be subject to architectural review by
the Village Planning Board so that the following may be adhered to
and realized:
A.
The use of good, accepted, and superior exterior building
design;
B.
The implementation of aesthetically desirable and
pleasing design which relates to and is similar to the design and
aesthetics of surroundings sites and structures; and
C.
The prevention of designs which are aesthetically
inappropriate and which do not relate or are not similar to the design
and aesthetics of surroundings sites and structures or are otherwise
offensive to the visual sensibilities.
A.
Application contents.
(1)
An application for site plan approval shall
be made, in writing, to the Superintendent of Buildings and shall
be accompanied by required information and documentation. The Planning
Board shall review all site plan applications. The site plan shall
be prepared by a licensed engineer or licensed architect. In an appropriate
case, the Planning Board may permit the site plan to be prepared by
a landscape architect or surveyor. The applicant for site plan approval
shall submit the following information and provide the number of copies
specified by the Superintendent of Buildings:
(a)
An area map showing the applicant's entire holding,
that portion of the applicant's property under consideration and all
properties, subdivisions, streets, easements, deed restrictions and
areas dedicated to public use within 200 feet of the applicant's property.
(b)
A map of site topography at two-foot contour
intervals.
(c)
The title of the drawing, including the name
and address of the applicant, the owner and the person responsible
for preparation of such drawings.
(d)
A North arrow, scale and date.
(e)
Boundaries of the property plotted to scale.
(f)
Existing buildings and structures.
(g)
A grading and drainage plan showing existing
and proposed contours, soil characteristics and watercourses.
(h)
The location, design, type of construction,
proposed use and exterior dimensions of all buildings.
(i)
The location, design and type of construction
of all parking spaces and loading areas, showing ingress and egress,
curb cuts, the size of such spaces and areas, the width of circulation
aisles and distances from property lines.
(j)
The location, design and type of construction
of all pedestrian access.
(k)
Exterior lighting adequate to determine its
character and to enable review of possible hazards and disturbances
to the public and adjacent properties and other potential disturbances
to the public and adjacent properties due to noise or odors to be
emitted from the proposed use.
(l)
The location of outdoor storage, if any.
(m)
The location and design of all existing and
proposed site improvements, including drains, culverts, walls, fences,
hedges and screen plantings and all existing trees on the subject
property which have a diameter of eight inches or greater, measured
18 inches above the ground.
(n)
A description of the method of public water
supply and sewage disposal and the location of such facilities.
(o)
The location of fire and other emergency zones,
including the location of fire hydrants.
(p)
The location and design of all utilities, including
electrical, gas and solar energy, telephone and cable television.
(q)
The location, size, design and type of construction
of all proposed signs.
(r)
The location and proposed development of all
buffer areas, including existing vegetative cover.
(s)
The location and design of outdoor lighting
facilities and means of illumination.
(t)
Identification of the location and amount of
building area proposed for each intended use, including storage and
common areas.
(u)
A general landscaping plan and planting schedule.
(v)
An estimated project construction schedule.
(w)
A record of application for approval status
of all necessary permits from state and county agencies.
(x)
Identification of state, county or town permits
required for the execution of the project.
(y)
Other elements integral to the proposed development
as considered necessary by the Planning Board, including but not limited
to traffic studies, elevations and scale models.
(aa)
Photographs (no photocopies) of the site and
adjacent areas and structures sufficient to provide adequate representation
thereof.
(bb)
Samples of exterior building materials and finishes
and color palette for painted surfaces.
(cc)
Detailed drawings of decorative elements.
(dd)
Location, size and design of exterior signage.
(ee)
Sectional drawings to explain the character
of the design.
(ff)
Complete and accurate exterior elevations of
all facades, drawn at a scale adequate to show clearly the appearance
of all proposed buildings and structures.
(gg)
A scale model detailed to the degree, if deemed
necessary by the Board.
(2)
Stormwater pollution prevention plan. A stormwater pollution prevention plan consistent with the requirements of Article I of Chapter 480, Stormwater Management and Erosion and Sediment Control, and Article XXXII of this chapter shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Article XXXII of this chapter. The approved site plan shall be consistent with the provisions of this chapter.
[Added 12-3-2007 by L.L. No. 14-2007]
(3)
The Planning Board may waive any of the required
submissions in this subsection if it determines that one or more is
not necessary for a particular proposal.
B.
The Superintendent of Buildings shall determine whether
the proposed development meets the requirements of all Zoning Law
provisions other than those regarding site plan approval. If the Superintendent
of Buildings determines that any variances or special use permits
are required, the application shall be rejected pending application
to and approval of the Village Zoning Board of Appeals. If the Superintendent
of Buildings finds the application to be in order, he shall submit
it to the Board of Trustees at a Board meeting, which will then forward
it to the Planning Board for review.
The Planning Board review of a site plan shall
include but is not limited to the following considerations:
A.
The adequacy and arrangement of vehicular traffic
access and circulation, including intersections, road widths, channelization
structures and traffic controls.
B.
The adequacy and arrangement of pedestrian traffic
access and circulation, including separation of pedestrian convenience.
C.
The location, arrangement, appearance and sufficiency
of off-street parking spaces and loading areas.
D.
The location, arrangement, size, design and general
compatibility of buildings, uses, lighting and signs with other buildings
and uses on and in the neighborhood of the site.
E.
The adequacy, type and arrangement of trees, shrubs
and other landscaping constituting a visual and/or noise-deterring
buffer between the proposed use and adjoining uses or properties.
F.
In the case of a multifamily dwelling, the adequacy
of usable open space for playgrounds and informal recreation.
G.
The adequacy of stormwater and sanitary waste-disposal
facilities.
H.
The preservation of existing natural and landscaping
features.
I.
The protection of adjacent properties against noise,
glare, unsightliness or other objectionable features.
J.
The adequacy of water supply facilities.
K.
The overall impact on the neighborhood, including
compatibility of design considerations.
L.
Conformance with the Village Master Plan.
M.
The adequacy of the overall plan in minimizing harmful
effects upon the environment.
N.
The quality of exterior design.
O.
The excessive similarity or excessive dissimilarity
of the design in relation to sites or surroundings.
P.
The extent to which the design:
(1)
Mars the appearance of sites and surroundings;
(2)
Decreases the attractiveness of the Village
or area;
(3)
Impairs the use, enjoyment, stability and desirability
of the neighborhood;
(4)
Will reduce the values of properties within
the Village or area;
(5)
Is detrimental to the character of the neighborhood;
(6)
Prevents the most appropriate utilization of
land;
(7)
Adversely affects the functioning, economic
stability, prosperity, health, safety and general welfare of the entire
community; or
(8)
Is aesthetically inappropriate and visually
offensive to the visual sensibilities.
A.
Within 62 days of the date of receipt of a completed application by the Planning Board, the Planning Board shall recommend approval, approval with modifications or disapproval of the site plan, except that, where a public hearing is deemed necessary, pursuant to § 600-259, the decision and recommendation on the site plan shall be made within 62 days after the public hearing. The time period in which the Planning Board must render its decision and recommendation can be extended by mutual consent of the applicant and the Planning Board.[1]
B.
The decision and recommendation of the Planning Board
shall be forwarded to the Village Board of Trustees.
C.
In the event that the Planning Board determines that
a site plan involves a need for a variance or special use permit,
the application shall be deferred by the Planning Board so that the
applicant may make application to the Board of Zoning Appeals. Where
the Planning Board has deferred site plan approval on these grounds,
the Planning Board shall convey any information or documents which
it deems appropriate to the Board of Zoning Appeals, with respect
to the variance or special use permit requested, and the Planning
Board may convey any opinions or recommendations which it may have
with respect to the application. If the Board of Zoning Appeals grants
the variances, the applicant may resume the process to obtain site
plan approval.
D.
Failure of the Planning Board to act on the site plan
within the sixty-day period shall constitute an approval recommendation
of the site plan by the Village Planning Board to the Village Board
of Trustees.
The Village Board of Trustees shall review all
site plan actions and recommendations by the Planning Board and shall
independently approve, approve with modifications or disapprove the
site plan.
The Planning Board or Village Board of Trustees
may conduct a public hearing on the site plan if a majority of the
members deem that such a hearing is in the public interest. The applicant
shall provide evidence at the hearing that all landowners within a
two-hundred-foot radius of the proposed project were notified by mail
not less than 10 days before the public hearing, and shall conspicuously
post at least one poster, said poster must not be less than three
feet by four feet in size, along each street frontage of the property
which is the subject of the application at least 10 days prior to
the date set for the public hearing.
B.
Said poster must remain in place until the public
hearing has been completed and must be removed no later than seven
days thereafter. The applicant, or applicant's agent, shall verify
that said poster is still in place on a daily basis and shall promptly
replace said poster should it be removed or defaced.
C.
The Planning Board shall adopt regulations governing
the format of said poster and the manner and place in which it is
posted. Said Board may require the applicant to use a poster supplied
by it, in which event the Planning Board may set a fee to cover the
cost of said poster.
In addition to the other fees required by the
Superintendent of Buildings, the applicant shall be required to pay
the cost associated with outside engineering, architectural, legal
and other consulting professionals retained by or on behalf of the
Village of Farmingdale which are deemed necessary by the Superintendent
of Buildings to assist with the site plan or architectural board review
process. No building permit shall be issued pursuant to the provisions
of this article until all expenses incurred by the Planning Board
for outside engineering, architectural, legal and other consulting
professionals or other extraordinary expenses in connection with the
review of a site plan are reimbursed to the Village by the applicant.
At the time of application, the applicant shall deposit with the Village
Clerk-Treasurer such amount to cover consultation fees and extraordinary
expenses as shall be established from time to time by resolution of
the Board of Trustees.
A.
During the site plan review process, the Planning
Board may consult with Village officials as well as other local and
county officials, representatives of federal and state agencies and
professional consultants.
B.
Integration of procedures. Whenever the circumstances
of proposed development require compliance with this article and with
any other local law, ordinance or requirement of the Village, the
Planning Board shall attempt to integrate, as appropriate, site plan
review as required by this article with the procedural and submission
requirements for such other compliance.
C.
State Environmental Quality Review Act (SEQR).[1] The SEQR shall apply as appropriate for applications and
improvements authorized by this article. In the event of a positive
declaration, an environmental impact statement shall be required.
No final action shall be taken by the Planning Board or Village Board
of Trustees until the provisions of the SEQR are satisfied.
[1]
Editor's Note: See Environmental Conservation
Law § 8-0101 et. seq.
D.
Referral of site plan to Nassau County Planning Commission.
Where required by the General Municipal Law, the site plan application
shall be forwarded to the Nassau County Planning Commission for its
review. No final action shall be taken by the Planning Board or the
Village Board of Trustees until the Nassau County Planning Commission
has issued its report.
A.
Waivers. Where the Planning Board finds that extraordinary
and unnecessary hardships may result from strict compliance with this
article, it may vary or waive the provisions hereof so that substantial
justice may be done and the public interest secured. Such waiver shall
not have the effect of nullifying the intent and purpose of the requirements
of this article. At the time of such waiver, the Planning Board shall
make findings, to be recorded in the official minutes, outlining the
reasons for such a waiver.
B.
Further regulations. The Planning Board may adopt
such rules and regulations as it deems necessary to carry out the
provisions of this article. Any such rules and regulations or amendments
thereto shall become effective upon ratification by the Village Board
of Trustees.
In connection with its site plan review, the
Village Board may require a performance bond in an amount it shall
determine to insure that all the improvements shown on the site plan
are completed and to insure that in the event that the project is
abandoned, the site is restored to its condition prior to the commencement
of the project. The project shall be deemed abandoned if no substantial
work is performed on the site for a period of one year and the site
plan approval has expired.
[Amended 3-4-2013 by L.L. No. 4-2013]
Site plan approval shall automatically terminate and be null
and void and of no further force and effect one year after the approval
is granted unless, within such one-year period a building permit has
been issued and there is physical evidence to demonstrate that substantial
construction has commenced and continuing; provided, however, that
clearing grading and/or excavation shall not be deemed to be substantial
construction within the meaning of this section; provided further,
however, that the Board of Trustees, at its sole discretion, may upon
written application extend the site plan approval for additional one-year
periods where it appears that extenuating circumstances warrant said
extension and provided that the applicant pays an extension fee in
an amount set by the Board of Trustees. Applications for extensions
shall be in writing directed to the Board of Trustees and shall be
accompanied by a filing fee in an amount which shall be set, from
time to time, by resolution of the Board of Trustees.
