[HISTORY: Adopted by the Board of Trustees
of the Village of Old Westbury 2-18-1997 by L.L. No. 3-1997;
amended in its entirety 8-15-2016 by L.L. No. 7-2016. Subsequent amendments noted where
applicable.]
This chapter shall be known and cited as the "Village of Old
Westbury Site Plan Review Law."
A.
The Board of Trustees of the Incorporated Village of Old Westbury
(hereinafter the "Board of Trustees") hereby finds that in order to
ensure that future land use, development and construction activities
within the Village of Old Westbury (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 Planning Board review.
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 § 96-a of the
General Municipal Law of the State of New York, and to authorize the
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 aesthetic
interest and value, 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 and design elements specified herein.
C.
Additionally, consistent with and pursuant to § 7-725-a
of the Village Law of the State of New York and § 96-a of
the General Municipal Law of the State of New York, it is also the
purpose of this chapter to preserve and promote the character, appearances
and aesthetics of the Village and to conserve the property values
of the Village by providing procedures for the Planning Board, as
part of site plan review, to conduct a review of items relating to
aesthetic interest and value and architectural design features of
the exterior of new buildings or enclosed structures, and of certain
alterations and reconstruction of existing buildings or enclosed structures
when such alteration or reconstruction exceeds 20% of the square footage
of the building or enclosed structure or a change of more than 20%
of the surface area of either the side or front exterior facade with
respect to architectural style or a change of building materials or
treatments and by so doing to:
(1)
Encourage good qualities of exterior building design and good appearances
and to relate such design and appearances to the sites and surroundings
of structures.
(2)
Preserve the prevailing aesthetic character of the neighborhood and
countryside and to enhance the same by means of complementary structures.
(3)
Permit originality and resourcefulness in building design and appearances
which are appropriate to the sites and surroundings.
(4)
Promote and encourage good qualities of architectural design and
utilization of land in the erection and construction of new structures
and the exterior refurbishing, reconstruction or alteration of existing
structures.
(5)
Assure that the design and location of any proposed structure or
the addition, alteration or reconstruction of any existing structure
is in harmony with the existing topography of its site and/or the
existing structure as well as the neighboring countryside and existing
property.
(6)
Discourage and prevent such design that would adversely affect or
cause the diminution in value of neighboring property, whether improved
or unimproved.
(7)
Prevent such design and appearances as are unnecessarily offensive
to visual sensibilities, which impair the use, enjoyment, value or
desirability of neighboring properties and the health, safety and
general welfare of the community at large.
D.
The Board of Trustees hereby finds:
(1)
That structures which are visually offensive or inappropriate by
reason of poor exterior design, monotonous similarity or striking
visual discord or dissimilarity in relation to their site or surroundings
would mar the appearances of their areas and would adversely affect
the desirability of the immediate area and neighboring areas.
(2)
That such structures would discourage and prevent the most appropriate
development and utilization of land throughout the Village.
(3)
That such structures would impair the use, enjoyment and desirability
and stability of both improved and unimproved property and are detrimental
to the character of neighborhoods, produce degeneration of the values
of real property, with attendant deterioration of conditions affecting
the functioning, economic stability, prosperity, health, safety and
morals of the inhabitants of the Village, and destroy a proper relationship
between the taxable value of real property and the cost of municipal
services provided therefor.
E.
It is the purpose of this chapter to prevent these and other harmful
effects and thus to promote the health, safety, morals and general
welfare of the community.
A.
Pursuant to Village Law, § 7-725-a, the Planning Board
is hereby authorized to review and approve, approve with modifications
or disapprove site plans submitted in accordance with the standards
and procedures set forth in this chapter.
B.
Upon approval of a site plan, the Planning Board 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.
A.
In situations in which the Planning Board has retained site plan
approval with respect to development on residential lots and in other
situations involving construction on a new foundation, other than
on a new foundation replacing an existing foundation on the same footprint,
the provisions of this chapter shall apply, and all proposed buildings
and proposed structures on such lots shall require site plan approval
in accordance with this chapter.
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 Planning Board.
C.
Prior to the issuance of a building permit for the construction of
a new building or enclosed structure or for the alteration or reconstruction
of an existing building or enclosed structure when such alteration
or reconstruction exceeds 20% of the square footage of the building,
the applicant shall file with the Planning Board an application in
accordance with this chapter.
D.
The Planning Board is authorized to establish a subcommittee of no
fewer than three members of the Board to consider the following minor
applications: construction of a fence regardless of location or materials,
including all modifications and replacements of an existing fence;
a change of more than 20% of the surface area of either the side or
front exterior facade with respect to architectural style or a change
of building materials or treatments; the installation of a solar panel
or panels, either freestanding or in any manner attached to any structure;
and installation or construction of piers or gates not otherwise associated
with the construction of a new building or enclosed structure or for
the alteration or reconstruction of an existing building or enclosed
structure when such alteration or reconstruction exceeds 20% of the
square footage of the building. Such applications shall be on a form
prescribed by the Board subject to procedures as adopted by the Planning
Board from time to time.
A.
Applications for site plan approval shall be submitted to the Village
Clerk after appropriate review of a building permit application by
the Building Department and at least 30 days prior to the Planning
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 the Floodplain Zone as shown on the Flood Insurance
Rate Map prepared by the Federal Emergency Management Agency and adopted
by the Village of Old Westbury.
(bb)
Delineation of tidal and freshwater wetland areas as designated
by the New York State Department of Environmental Conservation.
(4)
Landscaping plan, prepared by a licensed landscape architect, 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 trunk 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.
Plant material list should be shown in chart form, keyed to the drawing,
including quantities, common name, botanical name, and size, to include
caliper size and greater height. Caliper inches should be totaled
at the bottom of the chart. A calculation should be shown demonstrating
the requirement that the total of trees to be planted in caliper inches
exceeds the removal by 10% or more. All plantings should be to scale,
and scale dimension should be noted.
(h)
A signed and sealed letter of certification from the landscape
architect is required, after all plantings are done for the issuance
of a certificate of occupancy or certificate of completion.
(i)
Any additional trees to be removed that are not listed on the
original approved landscape plan require a tree removal permit with
110% replacement, issued by the Village prior to the removal.
(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)
List of the names of all owners of property contiguous to the
subject premises and, if the subject premises is adjacent to a private
road, the owners of all other properties adjacent to the private road,
together with section, block and lot numbers of said property, as
shown on the current tax roll of the Village.
(11)
Certificate of title and deed(s) for the existing lot(s).
(12)
Letter from the Old Westbury 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 103 of the Village Code.
(14)
Any other information found by the Planning 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 178, Article I, shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Chapter 178, Article I. The approved site plan shall be consistent with the provisions of this Chapter 178, Article I.
(16)
For the construction of any new structure or accessory structure,
a complete list of all exterior materials to be used, including a
materials board to be presented to the Planning Board. Catalogue cut
sheets and manufacturer's name and styles are required for the
following exterior finishes:
(17)
For the construction of new dwellings only, a three-dimensional
digital rendering, to scale, with an isometric view of the proposed
new dwelling.
(18)
All applicants shall be required to stake out the lot with lath
and colored ribbon outlining the footprint of all structures, including
the driveway, and provide an elevation pole showing the maximum building
height and first floor elevations of all structures.
B.
The Building Department or the Planning Board may waive any of the above requirements it determines to be unnecessary for the appropriate review of a particular application, including such applications pursuant to § 174-4D, but such waiver shall not be binding upon the Planning Board, unless so authorized by the Board.
A.
In reviewing any application for site plan approval, the Planning
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, to the maximum extent practicable.
(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 Planning Board shall not approve a site plan application if it
determines that the building or structure, if constructed, erected,
reconstructed or altered in accordance with the submitted plan, will
result in any of the following:
(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; or
(6)
Adversely affect the functioning, economic stability, prosperity,
health, safety and general welfare of the entire community.
(7)
Monotonous similarity to any other structure or building located
or proposed to be located on the same subdivision in respect to one
or more of the following features of exterior design and appearance:
(a)
Substantially identical facade, disregarding color.
(b)
Substantially identical size and arrangement of either doors,
windows, porticos, porches or garages or other openings or breaks
or extensions in the facade, including reverse arrangements.
(c)
Other substantially identical features, such as, but not limited
to, setbacks from street lines, heights, widths and lengths of elements
of building design and exterior materials and treatments.
(8)
Striking dissimilarity, visual discord or inappropriateness, with
respect to other structures or buildings located or proposed to be
located in the same subdivision or located 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:
(a)
Facade, disregarding color.
(b)
Size and arrangement of doors, windows, porticos, porches or
garages or other openings, breaks or extensions in the facade.
(c)
Other significant design features such as, but not limited to,
heights, widths, length of elements of design, exterior materials
and treatments, roof structures, exposed mechanical equipment, service
and storage areas, retaining walls, landscaping, signs, light posts,
parking areas, fences, service and storage areas.
(9)
Visual offensiveness or other poor qualities of exterior design,
including, but not limited to, excessive divergences of the height
or levels of any part of the structure or building from the grade
of terrain, harmony or discord of color or incompatibility of the
proposed structure, building, refurbishing, reconstruction, alteration
or addition with the terrain on which it is to be located, the failure
of the exterior design to complement and enhance the natural beauty
of its site, in regard to landscape, topography, surrounding structures
and the scenic character of roadways when visible from said roadways.
In connection with its review of any site plan under this Site Plan Review Law, the Planning Board, in its discretion, may refer any site plan application to the Village Planner for his review, comment and recommendations. The applicant shall be responsible for the Village Planner's fees in accordance with Chapter 103 of the Village Code.
The Planning 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 Planning Board.
The applicant shall mail notice of the public hearing, by certified
mail, return receipt requested, to the owners of all properties contiguous
to the subject premises and, if the subject premises is adjacent to
a private road, to the owners of all other properties adjacent to
the private road at least 10 days prior to such hearing, and the Village
shall cause notice of the public hearing to be published in the official
newspaper of the Village at least five days prior to such hearing.
A.
The Planning Board shall render a decision on each site plan application
within 62 days after the public hearing portion of the review procedure
is closed.
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 Planning Board must render its decision
may be extended by mutual consent of the applicant and the Planning
Board.
Any person aggrieved by a final site plan determination by the
Planning 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.
Any requirement for the approval or approval with modifications
and/or conditions of site plans submitted for approval may be waived
by the Planning 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.
The Planning 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 the Village Building
Zone Ordinance,[1] applications may be made directly to the Board of Appeals
for an area variance based on plans which the Board deems to be adequate
for the purposes of the application without first obtaining a final
decision or determination by the Building Department.
[1]
Editor's Note: See Ch. 16, Zoning.
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
Planning 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 Planning 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 Planning Board may rescind
its prior site plan approval in its entirety or in part.
Unless otherwise indicated, all construction, reconstruction,
alterations, additions and improvements shall comply with all other
applicable ordinances, local laws, rules and regulations of the Village
and any other governmental entity.
A.
Final approved maps or plans, materials and specifications may not
be altered in any way without the express prior approval of the Planning
Board. Any requested changes of the approved plans or maps must be
submitted to the Planning Board in the same manner as set forth in
this chapter, and no construction work involving such changes shall
be commenced or continued until approval of the Planning Board is
granted, only after appropriate public hearing as set forth above.
The Building Inspector shall, in cases of violation of this procedure,
order all work to be halted and, if necessary, revoke the building
permit until such time that amended plans or maps are approved by
the Planning Board.
B.
Unless as otherwise set forth herein, any person violating any provision of this chapter shall pay a penalty of not more than $10,000 for each and every offense, and each day a violation is continued after written notice from the enforcement officer shall constitute a separate violation, so as to subject the violator to a fine of up to $10,000 for each separate violation, provided that a separate accusatory instrument is served and filed for each violation, but in no event shall the penalty be less than $500. In all cases, the Village and the Board of Trustees may enforce obedience to Chapter 174 by injunction. If the Village proceeds by injunction and is successful, reasonable attorney's fees, engineering fees and other expert witness fees shall be paid by the defendant.
A.
The Planning 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 Planning
Board 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.
B.
If public improvements are required, a separate cash deposit, performance
bond or irrevocable letter of credit in an amount determined by the
Planning Board after recommendation from the Village Engineer shall
be submitted, which amount shall be sufficient to ensure that all
required public improvements shall be completed.
C.
Any bond, irrevocable letter of credit or cash deposit agreement
required to be posted in connection with a site plan approval shall
be in a form and substance acceptable to the Village Attorney.
D.
No performance bond or irrevocable letter of credit or cash deposit
agreement shall be accepted by the Village Clerk unless approved as
to form and substance by the Village Attorney.
Site plan approval shall automatically terminate and expire
one year after the resolution granting approval is filed in the office
of the Village Clerk unless a building permit has been issued thereon.
This chapter shall take effect immediately upon filing with
the office of the Secretary of State, and, as to site plans filed
prior to the public hearing on this chapter, the rules and regulations
in effect at the time of filing shall govern the site plan approval
process.
Prior to the submission of any application to the Planning Board,
based upon signed and sealed plans submitted to the Village Building
Department, the Village Engineer must certify the proposed building
volume and also certify that the topography as shown on the plans
is accurate, and that the proposed drainage calculations meet the
requirements of this chapter and the Village Code.
