[HISTORY: Adopted by the Board of Trustees
of the Village of Sea Cliff 9-17-1979 by L.L. No. 36-1979, effective
10-15-1979. Amendments noted where applicable.]
GENERAL REFERENCES
Environmental Conservation Commission — See Ch. 8.
Architectural design review — See Ch. 38.
Building construction administration — See Ch. 48.
Environmental quality review — See Ch. 60.
Sewage and sewage disposal — See Ch. 103.
Signs and illumination — See Ch. 105.
Stormwater management and control — See Ch. 109.
Subdivision of land — See Ch. 112.
Wireless telecommunication facilities — See Ch. 133.
Zoning — See Ch. 138.
Board of Architectural Review rules — See Ch. A141.
Schedule of fees — See Ch. A142.
Planning Board rules — See Ch. A145.
This chapter shall be known and may be cited
as the "Site Plan Review Law of the Incorporated Village of Sea Cliff."
[Amended 5-11-2020 by L.L. No. 3-2020]
The design, location, arrangement, and uses of structures within
the Village of Sea Cliff directly impact the physical, ecological
and visual environment of adjacent land uses and the community. The
purpose of this chapter is to protect, preserve and enhance the physical,
ecological and visual environment of the Village by assuring that
future land use, development and construction activities within the
Village will have a harmonious relationship with existing and future
use of adjacent land and the surrounding community, and will thus
promote and protect the health, safety and welfare of the community.
To achieve these goals, the Planning Board is hereby empowered to
review the use, development and construction activities identified
herein, in accordance with the criteria set forth herein.
[Amended 10-7-1996 by L.L. No. 1-1996; 12-10-2018 by L.L. No. 7-2018; 5-11-2020 by L.L. No. 3-2020]
Site plan review, as provided herein, shall be required for
the following, and the Planning Board shall approve, approve with
modifications or disapprove applications, as follows:
A.
Applications for building permits. All building permit applications
involving the proposed erection of any structure, other than accessory
structures on previously improved property or additions to one-family
dwellings where the gross floor area of the addition does not exceed
50% of the gross floor area of the existing dwelling.
B.
Applications for building permits for additions to one-family dwellings.
All building permit applications involving the proposed erection of
any addition to a one-family dwelling where the gross floor area of
the addition equals or exceeds 50% of the gross floor area of the
existing dwelling.
C.
Applications for development of land.
D.
A change in access to a site or a change in circulation within a
site that affects at least 20% of the paved and/or gravel area, increases
the paved and/or gravel area by 10% or more, or relocates or increase
the total linear width of any curb cut or cuts.
E.
Any substantial change in topography. For purposes of this section,
any change in topography in excess of one foot in height or elevation,
at any point or over any ten-foot linear area, in any direction, shall
be considered a substantial change.
The Planning Board shall consider each site
plan submitted to it for compliance with the following criteria, objectives
and standards:
A.
Protection of the character of the neighborhood and
prevention of depreciation of adjoining properties.
B.
Achievement of a harmonious relationship and maximum
compatibility among the uses shown on said site plan and uses located
on adjoining and adjacent properties and districts.
D.
Prevention of the overcrowding of land with structures
and the inappropriate concentration of same.
E.
Reduction and, where possible, prevention of traffic
congestion and hazards on the streets which provide vehicular access
to the site.
F.
Reduction and, where possible, prevention of excess
water runoff on adjoining and adjacent properties and districts.
G.
Adequacy of ingress, egress, interior circulation
and parking and loading facilities, particularly in regard to vehicular
and pedestrian safety.
H.
Such off-street parking and loading space requirements as shall be set forth in Chapter 138, Zoning.
I.
In the case of subdivisions and new developments in floodplain or mudslide areas, the requirements for flood damage protection set forth in Chapter 48, Building Construction Administration Law.
K.
The provisions of §§ 60-4, 60-5, A145-17 and A145-18 of this Code to the extent the criteria and environmental considerations set forth therein are or may be applicable to or affected by the proposed construction, development or other action for which the application has been filed. The criteria and environmental considerations set forth in these sections shall be applicable and the effect of the proposed action in relation to such criteria and considerations relevant, particularly as regards the methods proposed to minimize any adverse impacts on the environment, even though the provisions of Chapter 60 may not apply.
[Added 10-7-1996 by L.L. No. 1-1996]
L.
Assurance that fire-protection services, fire hydrant location and
access and other emergency services will be available to the premises.
[Added 5-11-2020 by L.L.
No. 3-2020]
M.
Visual compatibility with surrounding community and land uses.
[Added 5-11-2020 by L.L.
No. 3-2020]
N.
Consistency with historic, ecological and archaeologic considerations.
[Added 5-11-2020 by L.L.
No. 3-2020]
O.
Location, arrangement, size, design and general site compatibility
of structures, buildings and lighting.
[Added 5-11-2020 by L.L.
No. 3-2020]
P.
Adequacy, type and arrangement of trees, shrubs and other landscaping
constituting a visual and/or noise buffer between the applicant's
land and adjoining lands.
[Added 5-11-2020 by L.L.
No. 3-2020]
Q.
Adequacy and impact of structures, facilities, systems and landscaping
in areas with susceptibilities to ponding, flooding and erosion.
[Added 5-11-2020 by L.L.
No. 3-2020]
R.
Prevention and minimization of damage to structures due to erosion
or loss of natural protective features.
[Added 5-11-2020 by L.L.
No. 3-2020]
S.
Assurance that new construction or placement of structures are a
safe distance from areas of active erosion to provide protections
from premature destruction or damage due to improper siting.
[Added 5-11-2020 by L.L.
No. 3-2020]
A.
The Planning Board shall not approve any application
for the development or subdivision of land for which the site plan
related thereto has been disapproved. The Planning Board shall not
approve any application for the development or subdivision of land
for which the site plan related thereto has been modified and approved
unless the site plan as been changed to embody any modifications that
the Planning Board may have specified as required to approve such
site plan.
B.
The Building Inspector shall not issue any building
permit for which the site plan related thereto has been disapproved
by the Planning Board. The Building Inspector shall not issue any
building permit for which the site plan related thereto has been modified
and approved unless the site plan has been changed to embody any modifications
that the Planning Board may have specified as required to approve
such site plan and there has been compliance with all applicable laws
and provisions of this Code. The Building Inspector shall not issue
any building permit for which the site plan related thereto has been
approved unless there has been compliance with all applicable laws
and provisions of this Code.
C.
Where required, a stormwater pollution prevention plan consistent with the requirements of Article III of Local Law No. 15-2007, entitled “Stormwater Management and Control,” adopted as Article III of Chapter 109 of the Code of the Incorporated Village of Sea Cliff, entitled “Stormwater Management and Control,” shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Article III of Local Law No. 15-2007, adopted as Article III of Chapter 109 of the Code of the Incorporated Village of Sea Cliff, entitled “Stormwater Management and Control.” The approved site plan shall be consistent with the provisions of Chapter 109 of the Code of the Incorporated Village of Sea Cliff, entitled “Stormwater Management and Control,” adopted by Local Law No. 15-2007.
[Added 12-17-2007 by L.L. No. 16-0207, effective 1-1-2008]
In its review, the Planning Board may waive
or modify any of the required provisions hereunder if, in its judgment,
such waiver or modification will be consistent with the goal of promoting
the health, safety, morals and general welfare of the community; provided,
however, that such waiver or modification is made only in those instances
where the site is physically capable of compliance with such required
provisions and not because of factors relating to practical difficulties
or unnecessary hardship.
Any person aggrieved by any decision of the
Planning Board may apply to the Supreme Court of the State of New
York for review by a proceeding under Article 78 of the Civil Practice
Law and Rules. Such proceeding shall be instituted within 30 days
after the filing of the decision of the Planning Board in the office
of the Village Clerk.[1]
[1]
Editor's Note: See Village Law § 7-740.
The Planning Board is hereby authorized to adopt,
promulgate, amend and repeal rules and regulations governing its procedure
and the transaction of its business and for the purpose of fully implementing
the provisions of this chapter. Such rules and regulations, and any
amendment thereto, shall be subject to approval by the Board of Trustees
and, once approved, shall be made a part of this Code with the same
force and effect as all other laws of the Incorporated Village of
Sea Cliff.[1]
[Added 12-10-2018 by L.L.
No. 7-2018]
All proposed site plans shall include the information contained
in Village Code § 145-8, unless any such element is waived
by the Planning Board.
