In applying and interpreting this chapter, its
provisions shall be held to be minimum requirements adopted for the
promotion of safety, morals, comfort, convenience and the general
welfare. The following specific regulations shall apply:
A.
A minimum required lot or yard size for one building
or structure shall not be used in whole or in part as any part of
a required lot or yard for a second structure.
B.
The required lot or yard for an existing building
or structure shall not be diminished below the minimum requirements
of this chapter.
C.
The parking spaces required for one building or structure
or use shall not be included in the computation of required parking
spaces for a second building or structure or use.
D.
Nothing contained in this chapter shall be taken to
repeal, abrogate, annul or in any way impair or interfere with the
Building Code[1] or any rules or regulations adopted or issued thereunder,
or any other provisions of law or ordinance or regulations, existing
or as may be adopted in the future, when not in conflict with any
of the provisions of this chapter. Nor it is intended by this chapter
to interfere with or abrogate or annul any easements, covenants or
other agreements between parties; provided, however, that when this
chapter imposes a greater restriction upon the use of buildings, structures,
premises, lots or land or upon the height of buildings or structures,
or requires larger lots, yards, courts or other open spaces than imposed
or required by such other provision of law, ordinance or regulation
or by such easements, covenants or agreements, the provisions of this
chapter shall control.
E.
Wherever the provisions of any other law or ordinance
or regulations impose a greater restriction than this chapter, the
provisions of such other law or ordinance or regulations shall control.
F.
No provision contained in this chapter shall be construed
as justifying the encroachment of any building or structure within
any street lines now or hereafter laid down on any subdivision plat
filed in the office of the County Clerk or within any federal, state,
county or municipal street or highway.
[Added 10-9-2008 by L.L. No. 8-2008]
A.
SHOULDER
VILLAGE TREE
Definitions. As used herein, the following terms shall
have the meanings indicated:
The portion of the right-of-way of a public street which
is not paved or similarly improved for vehicular use.
Any tree located on the right-of-way of a public street.
B.
No person involved in construction or alteration on
any property in the Village shall operate or park any motor vehicle
on the shoulder of the right-of-way of a public street within 30 feet
of any Village tree other than to cross the right-of-way by use of
an existing driveway. No construction-related vehicle or equipment
shall be operated or parked on the shoulder of the right-of-way of
a public street within 30 feet of any Village tree other than to cross
the right-of-way by use of an existing driveway.
A.
Building permits: general procedure.
(1)
All procedure
with respect to applications for and issuance of building permits
shall be in conformity with the provisions of the Building Code.[1] All such applications shall be accompanied by such other
information as may be necessary to determine and provide for the enforcement
of this chapter.
(2)
Permit required; issuance restrictions.
(a)
No building or structure shall be erected, constructed,
reconstructed, structurally altered or moved or demolished unless
a building permit authorizing same shall have been issued.
[Amended 4-22-2008 by L.L. No. 4-2008]
(b)
No building permit shall be issued for the erection,
construction, reconstruction, structural alteration, restoration,
repair or moving of any building or structure or part thereof unless
the plans and intended use indicate that such building or structure
is designed and intended to conform in all respects to the provisions
of this chapter and the Board of Architectural Review has approved
the design. Notwithstanding the foregoing, applications for building
permits for interior alterations in existing buildings, tennis courts
and swimming pools shall not be required to be reviewed by the Board
of Architectural Review.
[Amended 2-28-1989 by L.L. No. 2-1989]
(c)
No building permit shall be issued for any project related to
any property in the Village which is the subject of pending violations,
unpaid fines or other monetary obligations owed to the Village.
[Added 10-13-2022 by L.L.
No. 20-2022]
(d)
Every department, board, and committee of the Village shall
withhold the processing of any application to such board, committee,
or department, if:
[Added 10-13-2022 by L.L.
No. 20-2022]
[1]
The Building Inspector has determined that a violation of any
provision of the Village Code exists on or at the subject property,
or a summons has been issued with regard to an alleged violation of
any provision of the Village Code on or at any other property owned
by the owner or the applicant within the Village.
[2]
Any fees, deposits, or other sums of money are due to the Village
with regard to the subject property; or otherwise due to the Village
from the owner of the subject property; or otherwise due to the Village
from the applicant, if the applicant is not the owner.
(e)
The processing of an application shall include but not be limited
to the review of the application, by the Village or its professionals;
the scheduling or holding of any hearings or other meetings; the rendering
of any decisions, other than, in the sole discretion of the Chairperson
of such board or committee or the superintendent of such department,
a denial of such application; the performing of any inspections; and
the issuing of any permits or certificates.
[Added 10-13-2022 by L.L.
No. 20-2022]
(f)
Any application for which processing is to be withheld pursuant
to the provisions of this section shall be deemed for all intents
and purposes to be incomplete until such department, board, or committee
receives written notice, by certified mail, return receipt requested,
from the applicant, that such violation has been cured and/or such
sums have been paid, and such notice is confirmed by the appropriate
Village officer or employee.
[Added 10-13-2022 by L.L.
No. 20-2022]
(g)
The foregoing prohibition shall not preclude the processing
of any application if:
[Added 10-13-2022 by L.L.
No. 20-2022]
[1]
All of the sums due the Village have been paid and substantially
the sole purpose of the processing is to cure the violations or to
seek a variance from the Board of Appeals with regard to such violations;
or
[2]
The Board of Trustees, in its sole discretion, grants a waiver
from such prohibition. Among the criteria the Board of Trustees may
consider in determining whether or not to grant such a waiver is if
the applicant is acting in good faith and with due diligence to cure
the violations, or presents a case of hardship, similar to that required
for a use variance before the Board of Appeals.
(3)
Demolition of a building.
[Added 4-22-2008 by L.L. No. 4-2008]
(a)
In accordance with Chapter 65 of the Village Code, no building permit shall be issued for demolition of a building on property within an historic district designated under Chapter 65 or on property designated as a landmark under Chapter 65 unless a certificate of appropriateness or hardship relief has been granted for such demolition by the Board of Architectural Review and Historic Preservation pursuant to Chapter 65.
(b)
Prior to issuance of a building permit for demolition of any other building (any building which has not been designated as a landmark under Chapter 65 and which is located outside of an historic district designated under Chapter 65):
[Amended 8-26-2021 by L.L. No. 6-2021]
[1]
The Building Inspector shall consider whether
such building was constructed prior to or subsequent to 70 years from
the date of the application for a building permit for demolition.
If the Building Inspector finds that such building was constructed
subsequent to such date that is 70 years from the date of the application
for a building permit for demolition, such application shall be reviewed
by a committee to consist of two members of the Village Board of Architectural
Review and Historic Preservation (BARHP) as appointed by the Board
of Architectural Review and Historic Preservation with the consultation
of the Village Building Inspector and the Village Historic Consultant
(Demolition Application Subcommittee):
[a]
The Demolition Application Subcommittee shall consider whether such building meets one or more of the criteria for designation as a landmark under § 65-3A.
[2]
If the Building Inspector finds that such building was constructed prior to 70 years from the date of the application for a building permit for demolition, or if the Building Inspector is not satisfied as to whether such building was constructed prior to or subsequent to 70 years from the date of the application for a building permit for demolition, the Building Inspector shall refer such application to the BARHP for review and public hearing to consider whether such building meets one or more of the criteria for designation as a landmark under Chapter 65. The provisions of § 116-37A(6)(c) below shall be applicable to such referral.
(c)
With respect to an application referred to the
Board of Architectural Review and Historic Preservation pursuant to
§ 116-37A(6)(b) above:
[1]
The Board shall promptly consider whether such building meets one or more of the criteria for designation as a landmark and whether it proposes to designate such building as a landmark under Chapter 65. Upon considering the foregoing, the Board may report that it does not propose to designate such building as a landmark or the Board may issue notice of a proposed designation of such building as a landmark pursuant to § 65-3D.
[2]
If the Board reports that it does not propose to designate such building as a landmark, the Building Inspector may issue such permit. If the Board fails to issue notice of a proposed designation of such building as a landmark (pursuant to § 65-3D) within 45 days of the referral by the Building Inspector, the Building Inspector may issue such permit.
[Amended 6-20-2023 by L.L. No. 11-2023]
[3]
If the Board issues notice of a proposed designation of such building as a landmark pursuant to § 65-3D, then, in accordance with § 65-3D, the Building Inspector may not issue such permit until the Board has made its decision whether to designate such building as a landmark. (If the Board designates such building as a landmark, then, in accordance with Chapter 65, the Building Inspector may not issue such permit unless a certificate of appropriateness or hardship relief has been granted for such demolition by the Board.)
B.
Completion of building for which permits have been
issued.
(1)
Nothing in this chapter shall require any change in
the plans, construction or designated use of a building or structure
for which a lawful building permit has been issued prior to the effective
date of this chapter or any amendment thereto affecting such building
or structure or the use thereof, provided that:
(a)
The construction of such building or structure
shall have been begun and diligently prosecuted within three months
from the date of such permit and substantial work above the foundation
shall have been completed by such effective date.
(b)
The entire building or structure shall be completed
according to such filed and approved plans upon which the issuance
of such permit was based, within one year from the effective date
of this chapter or any such amendment thereto or within one year from
the date construction commenced, whichever is earlier.
C.
Certificate of occupancy.
(1)
It shall be unlawful to use or to permit the use of
any building, structure, premises, lot or land or part thereof hereafter
erected or altered, enlarged or moved or put into use, in whole or
in part, or as to which there has been a change of ownership, after
the effective date of this chapter, or of any building, structure,
premises, lot or land or part thereof of which the use is changed,
until a certificate of occupancy has been obtained by the owner.
(2)
No certificate of occupancy shall be issued for any
building, structure, premises, lot or land unless the erection, construction,
reconstruction, structural alteration, restoration, repair or moving
of such building or structure or part thereof and the intended use
thereof are in conformity in all respects with the provisions of this
chapter.
(3)
The Building Inspector shall obtain a written order from the Board of Appeals before issuing a certificate of occupancy in a case involving a special exception use pursuant to Article IV of this chapter or involving a variance from the provisions of this chapter pursuant to § 116-27 of this chapter.
D.
Fees. Fees for a building permit application and for
issuance of building permits and certificates of occupancy shall be
as provided in the ordinance or local law establishing the Building
Code, or if no provision is made therein, as provided by resolution
of the Board of Trustees.[2]
E.
Enforcement.
(1)
It shall be the duty of the Building Inspector to
administer and enforce the provisions of this chapter.
(2)
Should said Building Inspector be in doubt as to the
meaning or intent of any provision of this chapter or as to the location
of any district boundary line on the Zoning Map[3] or as to the propriety of issuing a building permit or
a certificate of occupancy in a particular case related to the provisions
of this chapter, he shall appeal the matter to the Board of Appeals
for interpretation and decision without the requirement of any application
fee.
[3]
Editor's Note: The Zoning Map is located at
the back of this Code.
(4)
If the Building Inspector should mistakenly issue
a building permit which violates the provisions of this chapter, that
building permit shall be invalid.
(5)
Any building permit issued by the Building Inspector
shall expire one year after the date of issuance unless substantial
work above the foundations is done before the expiration of said one-year
period, except that said permit may be extended for one additional
year upon application to the Building Inspector for such extension,
provided that the proposed construction shall conform to the provisions
of this chapter in effect at the time said application for extension
is made.
[Amended 5-10-1991 by L.L. No. 4-1991]
A.
Applicability of site plan procedure and standards.
Except where provided in this section, an application for a building
permit for any use, building or structure, except one-family dwellings
or agricultural buildings and structures, shall require site plan
approval by the Planning Board. In all cases where site plan approval
is required by this section, no building permit shall be issued by
the Building Inspector except upon authorization of and in conformity
with plans approved by the Planning Board.
[Amended 3-29-2022 by L.L. No. 7-2022]
(1)
The
following may not be subject to site plan review at the discretion
of the Village Building Inspector:
(a)
Interior renovations for a permitted use.
(b)
Any change from one permitted use to another permitted use as listed
in the Village of Southampton Zoning Code Table of Use Regulations[1] where the proposed use does not increase the capacity
and/or intensity of the use; does not have a parking space requirement
greater than the parking requirement for the existing use based on
Village parking requirements; and where the proposed use does not
result in an increase in the sewage design flow rate as set forth
in the Suffolk County Department of Health Services standards for
approval of plans and construction for sewage disposal systems for
other than single-family residences. If either or both the existing
or proposed use is not listed as a permitted use in the Table of Uses,
then the application shall be subject to site plan review under this
section.
[1]
Editor's Note: The Table of Use Regulations is included as an attachment to this chapter.
(c)
This exception shall not apply to a change in use for preexisting
nonconforming uses, special exception uses or to any of the following
uses (regardless of if the use is permitted within the district) and
shall require site plan review prior to issuance of a building permit:
(d)
Replacement of an existing sanitary system located wholly on the
subject property with an I/A alternative wastewater treatment system
for an existing development for a permitted use per the Village Code
Table of Use Regulations with a valid certificate of occupancy.
(2)
Personal wireless service facilities. All personal wireless service
facilities must submit site plans for review, provided that:
[Added 1-23-2024 by L.L.
No. 4-2024]
B.
Objectives of site plan procedure and review.
(1)
In considering and acting upon site plans, the Planning
Board shall take into consideration the public health, safety and
welfare, the comfort and convenience of the public in general and
the residents of the immediate neighborhood in particular and may
prescribe appropriate conditions and safeguards as may be required
in order that the result of its action may, to the maximum extent
possible, further the expressed intent of this section and the accomplishment
of the following objectives in particular:
(a)
Traffic access. All proposed traffic accessways
are adequate in number, width, grade, alignment and visibility, are
located in proper relationship with intersections, pedestrian crossings
and places of public assembly and are in conformance with overall
traffic safety considerations.
(b)
Interior circulation and parking. Adequate off-street
parking and loading spaces are provided to satisfy the parking needs
of the proposed uses on site and the interior circulation system is
adequate to provide convenient access to such spaces consistent with
pedestrian safety.
(c)
Landscaping and screening. All required recreation,
parking, service and similar areas are screened at all seasons of
the year from view of adjacent residential districts and streets and
the landscaping of the site is in character with that generally prevailing
in the neighborhood and enhances the character of the Village.
(d)
Existing development and Master Plan. The development
proposed is at a scale and density consistent with existing development
and with the Master Plan of the Village of Southampton.
(e)
Natural features. Due regard shall be paid to
all natural features on and adjacent to the site, including but not
limited to water bodies, drainage courses, wetlands, marshes, dunes,
bluffs, beaches, escarpments, woodlands, large trees, unique plant
and wildlife habitat and flood hazard areas.
(f)
Cultural features. Due regard shall be paid
to all cultural features on and adjacent to the site, including but
not limited to archaeological and paleontological remains, old trails,
historic buildings and sites and agricultural fields.
(g)
Pavement. All plazas and other paved areas intended
for use by pedestrians shall use such pavement and plant materials
so as to encourage their use by pedestrians during all seasons of
the year and prevent the creation of vast expanses of pavement.
(h)
Lighting. All outdoor lighting is of such nature
and so arranged as to preclude the projection of direct light and
glare onto adjoining properties and streets.
(i)
Facades. Building facades shall be compatible
with the surrounding area in scale, color, style and material.
(j)
Drainage. The drainage system and layout proposal
will afford an adequate solution to any drainage problems.
(k)
Public utilities. The plans for water supply
and sewage disposal are adequate.
(l)
Public-address or sound system. Any sound or
public-address system shall be such that no sound from a system shall
be audible on adjoining properties or on the adjacent street.
(m)
Handicapped access. The plan and building design
shall accommodate the needs of the handicapped and be in conformance
with the state standards for construction concerning the handicapped.
(n)
Energy conservation. The site plan and building
design shall maximize the conservation of energy.
(2)
Nothing herein shall preclude the Planning Board from
requiring neighboring properties to participate in the construction
of joint or shared improvements, such as parking, access or drainage,
provided that a problem has been identified which can be mitigated
only by joint action and an implementation plan has been formulated
to institute said mitigation.
C.
Site plan elements.
(2)
Fee. The site plan review fee is based on the area
of the site required to be improved, including any and all areas required
to be altered, but excluding the footprint of any existing or proposed
buildings. Such fee shall be computed on the basis of $0.25 per square
foot of site improvements and/or altered area or $800, whichever is
greater. However, such fee shall be computed on the basis of $0.01
per square foot of site improvements and/or altered area or $100,
whichever is greater, in connection with site plan reviews for the
following: a church or similar place of worship or religious instruction,
parish house, rectory, seminary or convent; a philanthropic, fraternal,
social or educational institutional office or meeting room, nonprofit.
The site plan review fee may be changed from time to time by resolution
of the Village Board of Trustees.
[Amended 8-12-1994 by L.L. No. 4-1994; 11-9-2006; 6-23-2009]
(3)
Site plan. The applicant shall cause a site plan map
at a minimum scale of one inch equals 40 feet to be prepared by an
architect, landscape architect, civil engineer or surveyor. The site
plan shall include those of the elements listed herein which are appropriate
to the proposed development or uses as indicated by the Planning Board
in a presubmission conference.
(a)
Legal data.
[1]
The name and address of the owner of record.
[2]
The name and address of the person, firm or
organization preparing the map, sealed with the applicable New York
State license seal and signature.
[3]
The date, North arrow and written and graphic
scale.
[4]
The property description, prepared by a licensed
surveyor or civil engineer. The site plan may reference a land surveyor's
map or base reference map. All distances shall be in feet and hundredths
of a foot. All angles shall be given to the nearest 10 seconds or
closer. The error of closure shall not exceed one in 10,000.
[5]
The locations, names and existing widths of
adjacent streets and curblines.
[6]
The location and owners of all adjoining lands,
as shown on the most recent tax records.
[7]
The location, width and purpose of all existing
and proposed easements, setbacks, reservations and areas dedicated
to the public use within or adjoining the property.
[8]
A complete outline of existing easements, deed
restrictions or covenants applying to the property.
[9]
Existing zoning.
(b)
Natural features.
[1]
Existing contours with intervals of two feet
or less referred to a datum satisfactory to the Planning Board. In
addition, spot elevations will be required where contour elevations
are less than two feet on the site.
[2]
The approximate boundaries of any areas subject
to flooding or stormwater overflows.
(c)
Existing structures and utilities.
[1]
Outlines of all structures and location of all
uses not requiring structures.
[2]
Paved areas, including parking areas, sidewalks
and vehicular access between the site and public streets.
[3]
Locations, dimensions, grades and flow direction
of any existing culverts or waterlines, as well as other underground
and aboveground utilities within and adjacent to the property.
[4]
Other existing development, including fences,
landscaping and screening.
[5]
The location and use of all buildings and structures
within 200 feet of the boundary of the subject property.
(d)
Proposed development.
[1]
The location of proposed buildings or structural
improvements, indicating setbacks from all property lines and horizontal
distances from existing structures.
[2]
The location and design of all uses not requiring
structures, such as off-street parking and loading areas and pedestrian
circulation. Parking calculations shall be shown.
[3]
The location, direction, power and time of use
for any proposed outdoor lighting or public-address systems.
[4]
The location and plans for any outdoor signs,
which must be in accordance with applicable sign regulations.
[5]
Grading and drainage plans shall be based on
a two-inch rainstorm retention; drainage calculations, contours and
spot grade elevations to be shown.
[6]
Landscaping, buffering and street tree plans,
including material size, quantity and location. A list of plantings
shall also be shown.
[7]
The location of water and sewer mains, electrical
service and cablevision installations, locations of water valves and
hydrants and/or any alternate means of water supply and sewage disposal
and treatment.
[8]
An indication that all storage areas for materials,
vehicles, supplies, products or equipment shall be located in either
a side or rear yard in compliance with this chapter and that such
areas are adequately fenced or screened.
[9]
If the site plan only indicates a first stage,
a supplementary plan indicating ultimate development.
[10]
The location of any fire hydrant, cistern, well
or other fire-protection device.
[11]
Any other information deemed by the Planning
Board to be necessary to determine conformity of the site plan with
the spirit and intent of this chapter.
(e)
Unless waived by the Planning Board, plans for
all required improvements must be submitted by a professional engineer
or licensed architect or, if appropriate, a registered landscape architect.
D.
Site plan application procedure.
(1)
Presubmission conference. Prior to the submission
of a site development plan, the applicant or his agent may meet with
the Planning Board. The purpose of such conference shall be to discuss
proposed uses or development in order to determine which of the site
development plan elements shall be submitted to the Planning Board
in order for said Board to investigate conformity with the provisions
and intent of this chapter.
(2)
Within six months following the presubmission conference,
nine copies of the site development plan application and any related
information shall be submitted to the Planning Board. Notice of such
application and of the initial Planning Board hearing at which such
application may be considered shall be given as follows:
[Amended 5-10-2007 by L.L. No. 6-2007]
(a)
The applicant shall erect on the premises a
poster which shall be provided by the Planning Board giving notice
of the date, time and location where the initial hearing shall be
held. The poster shall be prominently displayed facing each street
line on which the property abuts, shall be set back not more than
10 feet from the road surface or pavement and the bottom shall be
not less than two feet and the top not less than six feet above the
average surface grade at the street line. The poster shall be so displayed
for a continuous period commencing no less than 10 calendar days preceding
the day of the hearing. The applicant shall file an affidavit with
the Planning Board of compliance with this provision prior to consideration
of the application.
(b)
The applicant shall make two mailings of notice
of the application not less than 21 calendar days preceding the day
of the hearing to all property owners as shown on the then current
tax roll of the Village of Southampton of property within 200 feet
of the subject property, measured along the frontage on both sides
of the street(s), and to all others whose property is located within
200 feet of the boundaries of the subject property. The notice shall
state the date, time and location of the hearing, shall state the
purpose of the application or the relief requested of the Planning
Board and shall identify a person to contact for additional information
on the application providing the address and telephone number of such
individual. One mailing shall be sent by first-class mail in a plain
envelope which does not disclose or indicate the identity of the sender.
The other mailing shall be sent by certified mail, return receipt
requested. The applicant shall file an affidavit with the Planning
Board prior to consideration of the application of compliance with
these requirements in form acceptable to the Planning Board, and with
respect to the certified mailing, the affidavit shall include copies
of all postal and return receipts.
(c)
The Planning Board shall cause a public notice
of such hearing to be published once in the official newspaper not
less than 10 calendar days preceding the day of the hearing.
(3)
If the Planning Board determines said application
to be complete, it shall, within five business days of such determination,
transmit the application and/or solicit comments and review from the
Fire Inspector, the Fire Department with jurisdiction, the Board of
Historical Preservation and Architectural Review or other municipal
or county agency or district with jurisdiction or potentially affected
by the proposed development.
(4)
Upon determining that the application is complete, the Planning Board may, at its option, require that a noticed public hearing be held on said complete application. If the Planning Board requires a noticed public hearing on said complete application, such hearing shall be held within 45 days of determining said application to be complete, and notice of such hearing shall be given as prescribed by § 116-38D(2).
[Amended 5-10-2007 by L.L. No. 6-2007]
(5)
Within 45 days of the conclusion of the public hearing or, if none was held, within 45 days of determining the application to be complete, the Planning Board shall determine whether the site development plan application complies with the purposes and specifications of the Zoning Code and shall so inform the Building Inspector and Village Clerk and the applicant, in writing, of its approval, approval with modifications or disapproval. This forty-five-day period may be extended by the Planning Board upon the written consent of the applicant or as may be permitted under the State Environmental Quality Review Act as implemented by Chapter 54 of the Village Code.
(6)
No application shall be deemed complete until either a negative declaration has been made for the application pursuant to the State Environmental Quality Review Act (SEQRA) or by Chapter 54 of the Village Code or, if a positive declaration is made, until a draft environmental impact statement has been accepted by the Planning Board as satisfactory with respect to scope, content and adequacy. Reasonable time shall be provided for compliance with the SEQRA, including the preparation of a final environmental impact statement.
(7)
Amendments to a site development plan shall be acted
upon in the same manner as the approval of the original plan.
(8)
An approved site development plan shall be valid for
a period of two years from the date of approval. All work proposed
on the plan shall be complete within two years from the date of approval
unless a longer period was approved or the applicant obtains an extension
from the Planning Board.
(9)
No regrading, clearing, tree removal or any other
work in preparation of future use of a site may take place until site
plan approval or written permission has been received from the Planning
Board.
(10)
In the case of a site plan application requiring
a zoning variance, the site development plan shall be subject to a
preliminary review by the Planning Board prior to action on said application
by the Board of Appeals. Building permits issued pursuant to a variance
shall be in accordance with conditions established by the Board of
Appeals.
(11)
A statement shall be placed on all site plans
approved by the Planning Board to the effect that the owner(s) agree(s)
to comply with the plan and all conditions noted thereon. The owner(s)
or a bona fide agent responsible for completion of the work shall
be required to sign such statement and provide such guaranty before
any approved plans will be released by the Planning Board. In the
event that the site plan is not signed by the owner or his agent within
45 days of the date of the resolution of the Planning Board approving
the plan, said resolution shall be deemed null and void.
(12)
No certificate of occupancy shall be issued
until all requirements of site plan approval have been completed or
an undertaking to complete them, with a cash deposit or other surety
acceptable to the Village Board, shall have been given to and accepted
by the Village Board. Such undertaking shall provide for completion
on or before a certain time and, unless such time is extended by resolution
of the Village Board, if the requirements of site plan approval have
not been completed by such date, any certificate of occupancy which
shall have been issued shall automatically become null and void. The
determination of the Village Board whether such requirements have
been completed shall be final and binding where the same have not
been completed before issuance of the certificate of occupancy.
(13)
Where a site plan application also requires
approval by the Board of Appeals for a special exception use, any
building permit which is issued shall be in accordance with both the
conditions established for the special exception use as well as for
the site plan. Where both special exception use and site plan approval
are required, the Planning Board may process the applications concurrently.
(14)
In the case of special exception use or variance
applications, the site plan shall be the subject of a preliminary
review by the Planning Board before action is taken by the Board of
Appeals.
E.
Off-street parking on a site plan application.
[Added 11-12-1999 by L.L. No. 8-1999]
(1)
If the Planning Board determines that the present
parking needs of a proposed development do not necessitate the present
construction of the number of parking spaces otherwise required by
the applicable off-street parking requirements, the Planning Board
may approve a site plan providing for the present construction of
a lesser number of parking spaces than otherwise required by the applicable
off-street parking requirements and the reservation for future parking
of the remaining number of parking spaces required by the applicable
off-street parking requirements. In such event, the site plan shall
show the number of parking spaces required to be presently constructed
and the number of parking spaces required to be reserved for future
parking, and the number of parking spaces reserved for future parking
need not be presently constructed.
(2)
When the Planning Board approves a site plan pursuant to Subsection E (1) above, the Planning Board may grant such approval subject to such conditions and safeguards as the Planning Board shall deem necessary or advisable with respect to the land area reserved for future parking and with respect to future construction of the number of parking spaces reserved for future parking. Such conditions and safeguards may include a requirement that a covenant relating thereto be recorded in the Suffolk County Clerk's office.
(3)
When the Planning Board approves a site plan pursuant to Subsection E (1) above, the Planning Board shall be deemed to have retained jurisdiction over such site plan and shall have continuing jurisdiction over such site plan with respect to the land area reserved for future parking and with respect to future construction of the number of parking spaces reserved for future parking. Pursuant to such retained and continuing jurisdiction, if the Planning Board subsequently determines that a need for construction of said parking spaces (the parking spaces previously reserved for future parking) exists, the Planning Board may order the then owner of the property to construct said parking spaces within such reasonable period of time as may be established by the Planning Board. Violation of such order shall be deemed a violation of this chapter. In the event of a violation of such order, the Building Inspector shall revoke the certificate of occupancy for the property.
A.
The municipal legislative body may from time to time
on its own motion, or on petition, or on recommendation of the Village
Planning Commission, amend, supplement or repeal the regulations and
provisions of this chapter, including the Zoning Map, after public
notice and hearing, in accordance with state law.
[Amended 7-23-2002 by L.L. No. 3-2002]
B.
Petitions for amendments shall be submitted in quadruplicate
to the Municipal Clerk with an application fee of $75.
C.
Any petition for a change in the Zoning Map shall
include the following:
(1)
The name of the property owner.
(2)
A map accurately drawn to an appropriate scale, showing
the proposed zone district boundary changes, property lines, the calculated
areas affected in acres or square feet, the street rights-of-way in
the immediate vicinity and the lands and names of owners immediately
adjacent to and extending within 200 feet of all boundaries of the
property to be rezoned.
(3)
A metes-and-bounds description of the proposed amendment.
(4)
In the case of any petition for a change in the Zoning
Map which is subject to review by the Suffolk County Planning Commission
pursuant to Article XIII, Sections 1323 to 1332, of the Suffolk County
Charter, the petitioner shall comply with any and all additional requirements
which said Commission may deem necessary.
D.
The municipal legislative body shall fix the time
and place of a public hearing on the proposed amendments and cause
notice to be given, unless it rejects or denies the petition after
receiving the report of the Village Planning Commission.
[Amended 7-23-2002 by L.L. No. 3-2002]
E.
Every such proposed amendment or change, whether initiated
by the municipal legislative body or by petition, shall be referred
to the Village Planning Commission for report before approval or denial.
[Amended 7-23-2002 by L.L. No. 3-2002]
F.
Proposed amendments that must be referred to the Suffolk
County Planning Commission under the provisions of Article XIII, Sections
1323 to 1332, of the Suffolk County Charter shall be transmitted as
soon as possible and in any case prior to the public hearing.
G.
The municipal legislative body shall require the petitioner
to submit evidence that he has notified by certified mail, return
receipt requested, all the property owners within 200 feet of all
boundaries of the affected property as shown on the latest municipal
tax roll.
H.
The municipal legislative body shall reserve decision
on all zoning amendments or changes that must be referred to the Suffolk
County Planning Commission until its report has been presented, provided
that such report is presented within a period of 30 days after the
Suffolk County Planning Commission receives such referral. When applicable,
the provisions of Article XIII, Section 1330, of the Suffolk County
Charter shall be followed.
I.
Upon adoption of a change in the Zoning Map pursuant
to a petition, the petitioner shall cause a monument to be placed
at one location on the property's street frontage and shall also file
with the Municipal Clerk and the Building Inspector copies of an accurate
survey description and drawing of the area affected by such amendment.
[Amended 4-9-1976 by L.L. No. 1-1976; 1-29-1982 by L.L. No. 1-1982; 7-11-2002 by L.L. No. 1-2002; 8-13-2020 by L.L. No. 7-2020]
A.
Where a violation of this chapter has been committed or shall exist,
the owner and the agent or contractor of the building, structure or
lot where such violation has been committed or shall exist, the lessee
or tenant of the part of or of the entire building, structure or lot
where such violation has been committed or shall exist, and the agent,
architect, contractor or any other person who takes part or assists
in such violation or who maintains any building, structure or lot
in which any such violation shall exist shall be guilty of a violation
of this chapter.
C.
In addition to other remedies provided by law, any appropriate action
or proceeding, whether by legal process or otherwise, may be instituted
or taken to prevent the unlawful erection, construction, reconstruction,
alteration, repair, conversion, moving, maintenance or use; to restrain,
correct or abate such violation; to prevent the occupancy of such
building, structure or lot; or to prevent any illegal act, conduct,
business or use in or about such premises.
