Village of Amityville, NY
Suffolk County
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Table of Contents
Table of Contents
[Adopted 12-14-2009 by L.L. No. 15-2009[1]]
[1]
Editor's Note: This local law provided that it shall take effect on January 2, 2010, subject to acceptance and filing by the Secretary of State.

§ 24-11 Legislative purpose; findings.

A. 
Pursuant to § 7-725-a of the Village Law, the Board of Trustees herein enacts this article to regulate the review of site plan applications and the issuance of site plan approvals, denials, approvals with modifications and approvals with conditions by the Village Planning Board.
B. 
The Board finds that reasonable supervision and control over the layout and design of certain sites is necessary to provide for community health, safety and welfare. While a designated use may be appropriate for a certain zoning district or even a particular parcel, control over layout and design of the site must be effected in order to integrate the site into the surrounding community and to obviate, or at least substantially mitigate, negative effects a particular developmental proposal could or would engender. Further, the regulations provided in Chapter 183, Zoning, do not provide the type of site-specific review necessary to assure those ends. Accordingly, the Board of Trustees finds that, in the circumstances set forth below, proposals for site development or redevelopment must be reviewed and approved prior to the issuance of any building permit or certificate of occupancy respecting such development or redevelopment.
C. 
The Board also finds that the site plan review and approval process must be designed to both protect, preserve and advance the interests of the community and to encourage positive economic development within the Village. While community interests must not be sacrificed, it also must be recognized that excessive, duplicative or unnecessary administrative proceedings serve only to chill economic growth. The underlying aim of this article is to provide control over construction in a manner which prevents negative construction and encourages positive community and economic development.

§ 24-12 Definitions.

As used in this article, the following terms shall have the meanings indicated:
SITE PLAN
A rendering, drawing or sketch prepared to all relevant specifications and containing necessary elements, as set forth in this article, which shows the arrangement, layout and design of the proposed use of a single parcel of land as shown on said plan. Plats showing lots, blocks or sites which are subject to review pursuant to authority provided for the review of subdivisions under § 7-728 of the Village Law shall continue to be subject to such review and shall not be subject to review as site plans under this article. However, this article shall apply in the case of any proposal which contemplates the use of a particular parcel in conjunction or interrelation with one or other parcels. In such circumstances, the term "single parcel" as stated above shall be deemed to respect all of the properties involved.

§ 24-13 Issuance of building permits and certificates of occupancy.

Where an approved site plan or the approval of modifications to an existing site plan is required pursuant to this article, no building permit, plumbing permit, sign permit or certificate of occupancy may be issued until such time as the site plan approval or approval of site plan modification is issued.

§ 24-14 Expiration in absence of construction.

[Amended 3-8-2010 by L.L. No. 2-2010]
A. 
Any site plan approval or approval of site plan modification issued pursuant to the provisions of this article shall become null, void and of no further effect unless a building permit for the construction upon said site plan shall have been issued within 180 days of the filing of such approval.
B. 
However, in such instance where an approved site plan requires area or use variance relief or special permission issued by the Zoning Board of Appeals or the Board of Trustees, the one-hundred-eighty-day period shall not begin to run until the Zoning Board of Appeals or the Board of Trustees shall file its determination on an application respecting such relief, provided said application is filed within 60 days of the filing of the site plan approval or approval of site plan modification.

§ 24-15 Additional site plan applications.

No parcel or part thereof may be the subject of an application for a site plan approval within one year after the determination rendered on a site plan application is filed, unless such application is substantially different from the previous application.

§ 24-16 Site plan approval.

The Planning Board of the Village of Amityville is hereby authorized to review, approve, disapprove, approve with modifications and approve with conditions, site plans and modifications to existing site plans as required by this article.
A. 
An approved site plan shall be required for the following when such concerns commercial, industrial, multiple residence or senior citizen multiple residence development as follows:
(1) 
Any application for a building permit or certificate of occupancy where there is an increase in building area or floor area, exclusive of outside storage, of 10% or more.
(2) 
Any application for a building permit or certificate of occupancy which proposes the use of parking facilities located on any other parcel, whether adjacent or not.
(3) 
Any application for a building permit or certificate of occupancy which proposes the use of parking facilities located on any other parcel, whether vacant or not.
(4) 
Any substantial reconfiguration of a site or approved site plan.
(5) 
New commercial, industrial, multiple residence or senior citizen multiple-residence development.
(6) 
Substantial commercial, industrial, multiple residence or senior citizen multiple-residence redevelopment.
(7) 
Any significant commercial, industrial, multiple residence or senior citizen multiple-residence redevelopment or reconfiguration of an approved site plan located within 100 feet of any waterway or designated wetland.
(8) 
Any application for a building permit or certificate of occupancy which receives a positive declaration pursuant to applicable environmental quality review statutes and regulations by another involved agency.
(9) 
Any change of use which increases on-site parking requirements by 10% or more if such requires providing a parking area not on an existing site plan.
(10) 
Any application respecting the outside storage of material, whether or not offered for retail or wholesale sales, which occupies 10% or more of the subject property.
(11) 
Any application for a building permit or certificate of occupancy which seeks to erect freestanding lighting within 100 feet of any residentially zoned or developed property, any public park or any waterway.
(12) 
Any application for a building permit or an application concerning site development which fails to conform to the site development guidelines adopted by the Planning Board pursuant to § 24-22, unless waived or modified by the Planning board.
(13) 
Any application for a subdivision.
(14) 
Any proposed change in average grade of the subject premises of more than one foot.
B. 
An approved site plan shall also be required for any application for a building permit or certificate of occupancy which requires an environmental declaration be made and no other Village agency has jurisdiction over the issue, in which event no public hearing shall be required.

§ 24-17 Conditions and modifications to approved site plans.

A. 
The Planning Board shall have the authority to impose such reasonable conditions and/or restrictions as are directly related to and/or incidental to a proposed site plan, reasonably anticipated uses thereof and/or reasonably anticipated community development. Such conditions and/or restrictions may be imposed as covenants and restrictions.
B. 
The Planning Board shall have authority to impose modifications as are directly related to and/or incidental to a proposed site plan, reasonably anticipated uses thereof and/or reasonably anticipated community development.

§ 24-18 Site plan review objectives.

A. 
In reviewing site plans, consideration shall be given to the public health, safety, welfare and to the comfort and convenience of the public in general, of the residents of the community at large and of the immediate neighborhood in particular.
B. 
In reviewing site plan applications, the Planning Board shall give consideration to the following factors, among others:
(1) 
That all proposed vehicular and pedestrian accessways, entrances and exits are adequate in width, grade, alignment and visibility; are not located too near street corners or other places of public assembly; and other similar design and safety considerations, including compliance with the Americans with Disabilities Act.
(2) 
That adequate off-street parking and loading spaces are provided to prevent parking in public streets of vehicles of any persons connected with or visiting the site and that the interior vehicular and pedestrian circulation system is adequate to provide safe and reasonably viable accessibility to all required off-street parking lots, loading bays and building services.
(3) 
That sites are reasonably screened from the view of adjacent and/or nearby residentially zoned or developed parcels and residential streets and that the general landscaping and general character of the site is such as to enhance the character of the Village and local community and is in character with the neighborhood.
(4) 
That all existing trees over four inches in diameter, measured three feet above the base of the trunk, shall be retained to the maximum extent possible. The Planning Board may require an applicant to submit a plan showing all such trees and/or all existing vegetation. If review pursuant to this article is required, no land clearing shall be conducted except pursuant to the approved site plan and not until the site plan approval has been filed.
(5) 
That all plazas and other paved areas intended for use by pedestrians shall, to the extent reasonably practical, employ decorative pavements and/or shall use plant materials so as to prevent the creation of vast expanses of pavement.
(6) 
That all outdoor lighting is of such nature and design and arranged so as to preclude the diffusion of glare onto adjoining properties and streets.
(7) 
That building facades are compatible with the Bay Village architectural theme.
(8) 
That the drainage system and layout proposal will afford an adequate solution to any reasonably anticipated drainage problems.
(9) 
That plans for internal water and sewer systems are adequate.
(10) 
That the site plan is in conformance with the proposed and reasonably anticipated uses of the parcel pursuant to Chapter 183, Zoning.
(11) 
That the refuse containment and disposal facilities are adequate for the site and do not intrude upon adjacent property, streets or other public ways or individuals visiting or working on the site; all such facilities shall contain a concrete floor and shall be enclosed by a six-foot-high cyclone fence with self-closing and self-latching gates. The fence shall be provided with privacy slats on all sides for its full height. The Planning Board shall have the authority to approve alternative enclosures that they find to be more appropriate.
(12) 
That the general health, safety and welfare of the Village and the local community is not negatively affected by the proposed site plan.
(13) 
That the proposed site plan will provide development in harmony with and will have a positive influence upon the community.
C. 
No building permit shall be issued for any construction in connection with an approval site plan unless the Code Enforcement Officer has approved a stormwater pollution prevention plan in accordance with the requirements of Chapter 150 of the Code.
D. 
Various on-site structures and uses within the development or site shall be harmonious and in scale to one another and with the neighborhood. No open design foundation system shall be permitted for residential structures within the AE Flood Zones. Open design foundation systems shall only be permitted in FEMA-designated V (Velocity) Zones.
[Added 6-8-2015 by L.L. No. 5-2015]

§ 24-19 Site plan review procedures.

A. 
No application for site plan review and approval shall be deemed complete for submission unless it is first reviewed and cleared by the Code Enforcement Officer. Said officer shall review each such application within 15 days of delivery of the same to the Code Enforcement Officer. If the application is found to be incomplete, the applicant will then be so notified.
B. 
If an application is still incomplete 60 days after notice from the Code Enforcement Officer of any incomplete item or items, the application shall be deemed abandoned and the application fee will be forfeited. The Planning Board may, however, grant extensions of the sixty-day time frame.
C. 
Upon acceptance of a complete application, which shall include adequate copies of the proposed site plan and all required information, a post-submission conference shall be scheduled with the Code Enforcement Officer to discuss and review the site plan submitted so that the applicant may proceed with a clear understanding of the Village's requirements in matters relating to the development of the site, including the provisions of this article and Chapter 183, Zoning. The applicant may request an informal review of the application by the Planning Board prior to the public hearing.
D. 
The Planning Board shall render its decision within 62 days from the conclusion of the public hearing.
E. 
The time within which the Planning Board must render its decision may be extended by mutual consent of the Planning Board and the applicant.
F. 
All Planning Board decisions must be filed with the Village Clerk and a copy thereof mailed to the applicant.

§ 24-20 Site plan application requirements.

A. 
The applicant shall cause a site plan to be prepared by a New York State duly licensed architect, civil engineer or surveyor. The site plan shall include those of the elements listed herein which are appropriate to the proposed development and any additional information required by the Planning Board.
B. 
The applicant shall provide the following information:
(1) 
The name and address of the owner of record.
(2) 
A copy of the existing deed and any easements or covenants and restrictions applying to the property.
C. 
The site plan shall include:
(1) 
The location of existing and proposed buildings and/or structural improvements.
(2) 
The location and design of all uses not requiring structures, such as off-street parking and loading areas and areas designated for outside storage.
(3) 
The location, height, direction, power and time of operation for any proposed outdoor lighting.
(4) 
The location of any exterior signs.
(5) 
The location, arrangement and proposed means of access and egress, including sidewalks, driveways or other paved areas; profiles indicating grading and cross sections showing width of roadway, location and width of sidewalks and location and size of water and sewer lines. Proposed pedestrian connections to public parking lots should also be shown.
(6) 
Proposed screening and other landscaping, including a landscape plan, schedule of plantings and underground irrigation system.
(7) 
The location and connection to facilities of all proposed waterlines, valves and hydrants and all drainage and sewer lines or alternate means of water supply and sewage disposal and treatment facilities.
(8) 
An outline of any proposed easements, deed restrictions or covenants and a notation of any areas to be dedicated to any public agency.
(9) 
Any proposed new grades, indicating clearly how such grades will meet existing grades of adjacent properties or the street.
(10) 
Elevations of all existing and proposed principal and accessory structures.
(11) 
If the site plan indicates only a first stage, a supplementary plan indicating the ultimate site development and all phases of interim development.
(12) 
The location of any buildings, structures and vehicular and/or pedestrian entrances and exits within 50 feet of the subject property.
(13) 
The zoning classification of all properties within 50 feet of the subject property.
(14) 
Any other information required by the Planning Board.
D. 
Unless waived by the Planning Board, plans for all required improvements must be submitted by a New York State duly licensed civil engineer or licensed architect or surveyor. Installation of all improvements must be under the direct supervision of a registered architect or licensed engineer.
E. 
The applicant shall provide a letter from a New York State duly licensed architect or engineer certifying that all construction, improvements and work has been completed in accordance with the approved site plan, the Code of the Village of Amityville, the New York State Uniform Fire Prevention and Building Code, as well as all other relevant laws, rules and regulations. Such letter shall be a requirement for the issuance of a certificate of occupancy.

§ 24-21 Rulemaking and interpretation.

A. 
The Planning Board is hereby authorized to enact rules to supplement the requirements noted in § 24-20. The Planning Board may promulgate such forms as it deems appropriate respecting applications pursuant to this article.
B. 
The Planning Board shall have full authority to interpret and implement this article.

§ 24-22 Authorization to enact general site plan specifications and architectural guidelines.

A. 
The Planning Board is hereby further empowered to enact general guidelines and specifications for site development. Such authority includes setting guidelines for architectural design and character consistent and compatible with the Bay Village architectural theme. Any application for a building permit or certificate of occupancy must comply with such restrictions unless a site plan is approved pursuant to § 24-23.
[Amended 3-8-2010 by L.L. No. 2-2010]
B. 
Guidelines and specifications adopted by the Planning Board pursuant to this section shall concern only the issues embraced within this article. Such guidelines and specifications may not conflict with any provision of Chapter 183, Zoning, or any other provision of this Code.

§ 24-23 Modification of application requirements.

A. 
With regard to any particular application, the Planning Board may, when reasonable, waive any requirements indicated in § 24-20, any rule it has promulgated pursuant to § 24-21 or guidelines and specifications it has enacted pursuant to § 24-22 in the event that any such requirements are found not to further the interest of the public health, safety or general welfare or intent of the chapter or to be inappropriate to a particular site plan.
B. 
The Planning Board may require in any specific case that additional information be indicated on a site plan, notwithstanding that such is not required by § 24-20 or any rule promulgated pursuant to § 24-21 or general guidelines and specifications promulgated pursuant to § 24-22, if the Board finds such information necessary or beneficial to its review of the application.

§ 24-24 Referral for comment.

A. 
The Zoning Board of Appeals may seek an advisory opinion from the Planning Board for examination and comment on any site plan or developmental proposal when it finds that such review and comment would be helpful in its review of any application within its jurisdiction. If the Planning Board shall determine that a site plan application is not required pursuant to the terms of this article, it shall issue a response to the Zoning Board of Appeals within 30 days. If the Planning Board shall determine that a site plan application is required, it shall so notify the Zoning Board of Appeals and the applicant within 30 days. If a site plan application is not necessary, the Planning Board may nevertheless issue comments and recommendations on the developmental proposal. However, such comments and recommendations shall not be binding upon the Zoning Board of Appeals. The time within which the Zoning Board of Appeals must make a decision shall be tolled during the pendency of any request made pursuant to this subsection.
B. 
The Planning Board may seek an advisory opinion from the Zoning Board of Appeals concerning the interpretation of any section of the Village Code within the jurisdiction of the Zoning Board of Appeals and/or concerning the necessity or nature of any variance or special exception relief which may be presented in any site plan application. In such circumstances, notice of the request shall be forwarded to the applicant, who shall have 10 days to file comments with the Zoning Board of Appeals. The Zoning Board of Appeals shall file response within 30 days after the expiration of the time frame within which applicant may submit comments. The time within which the Planning Board shall be required to render a decision on the application shall be tolled during the pendency of any request for an advisory opinion.