The purpose of the zoning permit is to determine
compliance with the provisions of this chapter. No person shall submit
any application for approval of a site plan or amendment or building
plan or amendment or alter the use of any land unless a zoning permit
has been issued by the Code Official.
The provisions of this chapter shall be administered
and enforced by the Code Official, except where otherwise provided.
The Code Official, except where otherwise provided, shall have the
following duties and powers set forth in this section:
A.
The Code Official shall provide information to prospective
applicants as to the type of application to be filed and the information
to be submitted and shall explain the procedures for filing applications.
B.
The Code Official shall provide form of applications,
permits and/or certificates. The form of all applications, permits
and certificates to be used by the Code Official under the terms of
this chapter shall be approved by the Village Board of Trustees.
C.
The Code Official and any other person designated
by the Board of Trustees for such purpose shall enforce the provisions
of this chapter and any rules and regulations promulgated in furtherance
thereof.
D.
In the performance of his duties, the Code Official
shall have the right to enter any building, premises or land at any
reasonable hour. He shall maintain records of all such inspections
and of all findings of occupancy and use.
E.
The Code Official shall keep a record of every identifiable
complaint of a violation of any of the provisions of this chapter
and of the action taken on each such complaint. He shall report thereon,
in writing, to the Board of Trustees as required by such Board, but
no less than once for each month.
F.
The Code Official shall keep a permanent record, including
all pertinent maps and plans, of all applications for zoning permits,
building permits and certificates of occupancy.
G.
The Code Official shall make a report to the Village
Board of Trustees, in writing, at least once each month, reporting
the number and type of permits and certificates issued and listing
all reported and continuing violations and the disposition or pending
action on such violations.
Sequence of steps. All construction, alterations
or the utilization of premises shall be in conformance with the requirements
of this chapter. All persons desiring to undertake such construction,
alterations or other changes shall conform to the following general
procedure as well as to all other applicable provisions of this chapter.
A.
Application for zoning permit. The applicant shall
apply to the Code Official for a zoning permit by completing and filing,
in duplicate, an appropriate application, in writing, by payment of
the required fee and by submitting, in duplicate, a current survey
by a land surveyor, site plan, floor plans and elevation plan with
the zoning information required to enable the Code Official to determine
compliance with the provisions of this chapter.
B.
Authorization of zoning permit. if the action proposed
in the application is in compliance with the regulations contained
in this chapter, the Code Official shall issue a zoning permit.
C.
Action in accordance with zoning permit. Upon receipt
of the zoning permit, the applicant shall submit site plan(s) for
site plan approval by the Planning Board and building plan(s) for
building plan approval by the Code Official for the use permitted
by the zoning permit.
D.
If the Code Official determines that the proposed
use or construction does not conform to the zoning requirements of
this chapter, he shall disapprove the application and shall issue
a notice of disapproval to the applicant, stating the reason for such
disapproval.
[Added 8-18-1993 by L.L. No. 6-1993]
No person acting as a real estate broker, agent or salesperson, whether or not licensed by the State of New York, shall knowingly facilitate the use or occupancy of a detached dwelling or a two- or more family attached residence building in a manner which violates the use or occupancy of such dwelling or building which is permitted by the certificate of occupancy, certificate of existing use or zoning permit issued by the Superintendent of Buildings for it or in a manner which violates the permitted use or occupancy of such dwelling or building under the Zoning Code of the Incorporated Village of Manorhaven (Chapter 155 of the Village Code) or the Housing Standards Code (Chapter 82 of the Village Code). A person shall be deemed to facilitate a use or occupancy by, among other things, advertising or listing a dwelling or building, showing a dwelling or building to a prospective user or occupant or otherwise soliciting or encouraging another person to use or occupy a dwelling or building. Upon the conviction of a licensed broker, agent or salesperson for a violation of this section, in addition to the penalties provided for herein, the Village Attorney shall forward a record of such conviction to the New York Department of State's licensing bureau.
[Amended 3-25-1987 by L.L. No. 1-1987; 4-24-1997 by L.L. No. 4-1997; 9-27-2000 by L.L. No. 6-2000; 2-28-2001 by L.L. No. 2-2001; 10-21-2003 by L.L. No. 6-2003; 1-31-2013 by L.L. No. 1-2013; 6-22-2017 by L.L. No. 19-2017]
A.
Creation, selection and organization; establishment and membership.
(1)
There is hereby reestablished a Board of Zoning and Appeals consisting
of seven members pursuant to the provisions of the Village Law. The
Board of Zoning and Appeals in existence on the effective date of
this chapter shall continue. Members of the Board of Zoning and Appeals
shall be appointed by the Mayor, subject to approval by the Board
of Trustees, and shall reside within the Village of Manorhaven. Members
shall serve for terms such that one member's term shall expire at
the end of the Village official year in which such member was initially
appointed; and the remaining members' terms shall be so fixed that
one member's term shall expire at the end of each official year thereafter.
At the expiration of each original member's appointment, the replacement
member shall be appointed for a term of five years. However, the member
and Chairman shall be limited to a maximum term of a two-term appointment
either consecutive or nonconsecutive over their lifetime. At no point
in time may any person serve more than two terms, whether it be consecutive
or nonconsecutive terms or appointments, which shall include existing
members.
[Amended 7-15-2022 by L.L. No. 3-2022; 8-31-2022 by L.L. No. 5-2022]
(2)
The Chairman and Deputy Chairman of said Board shall be designated
annually by the Mayor, subject to approval by the Board of Trustees,
which shall include existing members. The Chairman or, in his absence,
the Deputy Chairman shall have the power to issue subpoenas for the
attendance of witnesses and the production of records and may administer
oaths.
[Amended 7-15-2022 by L.L. No. 3-2022]
(3)
The Board of Zoning and Appeals shall have such powers and duties
as prescribed by law. In exercising its powers, the Board of Zoning
and Appeals may reverse or affirm, in whole or in part, or modify
any order, requirement, decision or determination appealed from and
make such order, requirement, decision or determination as ought to
be made and, to that end, shall have all the powers of the administrative
officer from whom the appeal is taken. In taking any action, the Board
of Zoning and Appeals may impose such conditions or restrictions as
it may find reasonable.
(4)
Appeals may be taken to the Board of Zoning and Appeals upon submission
by any person aggrieved or by any officer, department, board or bureau
of the Village affected by any decision of the Code Official. Such
appeal shall be taken within 30 days after the filing of such decision
by filing with the Board of Zoning and Appeals seven copies of the
Board of Zoning and Appeals application, notice of disapproval, survey,
site plan, floor plan and elevation plan. The Board of Zoning and
Appeals shall thereupon notify the Code Official, who shall forthwith
transmit to the Board of Zoning and Appeals all the papers constituting
the record upon which the action appealed was taken from.
(5)
An appeal stays all proceedings in furtherance of the action in respect
of which the decision appealed was made from, unless the Code Official
certifies to the Board of Zoning and Appeals after notice of the appeal
shall have been given him that, by reason of facts stated in the certificate,
a stay would cause imminent peril to life or property. In such case,
proceedings shall not be stayed other than by a restraining order
from the Board of Zoning and Appeals or a court of appropriate jurisdiction.
(6)
Such notice of appeal shall identify the owner and applicant, the
property affected, the nature of the application and the time, date
and place of the hearing. Proof of service of such notices, as required
in this chapter, shall be filed with the Board of Zoning and Appeals
on or before the date of the hearing. The Board of Zoning and Appeals
shall, not less than 10 days prior to the hearing date, publish such
notice of appeal at least once in the official newspaper of the Village.
(7)
There shall be two alternate members of the Board of Zoning and Appeals,
who shall be appointed by the Mayor, subject to approval by the Board
of Trustees, for terms of two years each, except that the term of
one of the alternate members initially appointed shall be one year.
Thereafter, the term of each alternate member shall be two years from
and after the expiration of the term of their predecessors in office.
One alternate member shall be designated at the time of appointment
as first alternate member. The other alternate member shall be designated
at the time of appointment as second alternate member. The first alternate
member shall sit as a member of the Board of Zoning and Appeals to
hear and determine in those matters before the Board whenever a quorum
cannot otherwise be achieved due to the absence or recusal of a regular
member of the Board. The second alternate member shall sit as a member
of the Board for the purpose of hearing and determining such matter
when the first alternate member would otherwise be authorized to do
so but is unavailable for that purpose. When so sitting to hear and
determine a matter before the Board, each alternate member of the
Board shall have the same powers and privileges as a regular member
of the Board.
B.
Powers and duties. The powers of the Board of Zoning and Appeals
shall include those particularly specified herein, provided that none
of the following provisions shall be deemed to limit any power of
the Board that is otherwise conferred by law.
(1)
Interpretation. On appeal from an order, requirement or determination
made by the Code Official or on request of the Planning Board or Board
of Trustees, the Board of Zoning and Appeals shall decide any of the
following questions:
(2)
Variance. The Board of Zoning and Appeals shall authorize, upon written
application in specific cases, such variance from the terms of this
chapter in accordance with standards set forth in Village Law § 7-712-b.
(3)
Special use permits.
(a)
Whenever this chapter authorizes a use by special permit from
the Board of Zoning and Appeals, no such permit shall be issued by
such Board unless the Board shall first consider the public health,
safety and welfare and the comfort and convenience of the public in
general and of the residents of the immediate neighborhood in particular.
Such Board may prescribe such appropriate conditions and safeguards
as may be required in order that the result of this action shall,
to the maximum extent possible, further the expressed intent of this
chapter and the accomplishment of the following objectives:
[1]
That all proposed structures, equipment or material shall be
readily accessible to fire and police protection.
[2]
That all proposed uses shall be of such location, size and character
that, in general, they will be in harmony with the appropriate and
orderly development of the district in which they are proposed to
be situated and will not be detrimental to the orderly development
of adjacent properties in accordance with the zoning classification
of such properties.
[3]
That, in addition to the above, in the case of any use located
in or directly adjacent to a residential district:
[a]
The location and size of such use, the nature and
intensity of operations involved in or conducted in connection therewith,
its site layout and its relation to access streets shall be such that
both pedestrian and vehicular traffic to and from the use and the
assembly of persons in connection therewith will not be hazardous
or inconvenient to or incongruous with said residential or commercial
district or conflict with the normal traffic of the neighborhood and
that there will be off-hour or nonpeak traffic ingressing or egressing
from the property and that there will be adequate access to it for
purposes of fire and safety protection, including traffic control.
[b]
The location and height of buildings, the location,
nature and height of walls, fences and other accessory uses and the
nature and extent of landscaping on the site shall be such that the
use will not hinder or discourage the appropriate development and
use of adjacent land and buildings.
[4]
That the nature and intensity of such use sought in a residential,
commercial or industrial district and the traffic generated by it
shall not be hazardous, incongruous or detrimental to the prevailing
residential or commercial character of the neighborhood.
[5]
That each use in a residential, commercial or industrial district
shall be harmonious with the district in which its location is sought,
shall not create undue pedestrian or vehicular traffic hazards and
shall not include any signs, noise, fumes or lights or other accessory
uses without special permit that will hinder normal development of
the district or impair the use, enjoyment and value of adjacent land
and buildings.
(b)
In granting any such permit, such Board may also:
[1]
Require any landscaping or other treatments which it deems necessary
to protect the value of adjacent properties or to prevent any hindering
of the appropriate development of adjacent land.
[2]
Require that the special use permit is periodically renewed,
if not otherwise required by law. Such renewal may be granted only
after public notice and hearing and may be granted upon any condition
which could have been imposed at the time of granting the original
permit. Such renewal may not be denied unless the Board shall determine
that such conditions as may have been prescribed by the Board in conjunction
with the issuance of the original permit or a prior renewal have not
been or are no longer being complied with.
(c)
In making a determination on an application for a special use
permit, the Board shall give consideration, among other things, to:
[1]
The preservation of environmental and ecological assets of the
property, including the physical conditions and topography thereof.
[2]
Whether the character, size, location and design of the proposed
use is an appropriate use of land and in harmony with surrounding
property.
[3]
The contribution which the proposed use will make to the proper
growth and development of the Village.
[4]
The impact of the proposed use on vehicular and pedestrian traffic,
disposition of stormwater, sewage, garbage and refuse and other municipal
services.
[5]
Whether the proposed use and/or vehicular traffic generated
thereby will cause obnoxious gases, odors, smoke, soot, noise, vibration,
light or other disturbing emissions and their impact on air quality.
[6]
Adequacy of public utilities to serve the proposed use and of
access thereto by fire and other emergency apparatus.
(d)
If the Board of Zoning and Appeals shall determine that a proposed
special use will conform to the general character of the neighborhood
to which the proposed use will apply and that the public health, morals,
safety and general welfare of such neighborhood will be secure by
the granting of such use, subject to the safeguards imposed by the
Board, then the Board of Zoning and Appeals shall authorize the issuance
of a permit. Such permits may be granted for a temporary period or
permanently, as determined by the Board, and, if granted for a temporary
period, application for extension of the same will be subject to a
public hearing as required in the original application.
(e)
If the Board of Zoning and Appeals finds that the special use
proposed and requested in said application will not conform to the
general character of the neighborhood to which the proposed use will
apply and that the public health, morals, safety and general welfare
of such neighborhood will not be secured by granting such conditional
use, then the Board of Zoning and Appeals shall deny such application,
anything in this chapter to the contrary notwithstanding.
(f)
If, upon an application for extension of a temporary or special
use permit, the Board finds that the applicant has violated the conditions
imposed in the granting of the same or if the Board finds that, because
of a change in the general character of the neighborhood, the public
health, safety, morals and general welfare will be adversely affected
by the extension of such special use permit, then the Board of Zoning
and Appeals may deny an application for extension of such special
use permit, anything in this chapter to the contrary notwithstanding.
C.
Applications to Board of Zoning and Appeals. Except as otherwise
provided herein, all applications to the Board of Zoning and Appeals
shall be filed with the Board Clerk and shall conform to the following
procedures and requirements, as well as all other applicable laws:
(1)
The application shall be in seven sets and shall include:
(a)
The identity of the applicant as the owner, contract vendee
or otherwise. If the applicant is not the owner of the entire parcel,
sworn consents of all owners shall be annexed. If the applicant or
owner is a partnership or corporation, the names and addresses of
all partners, officers and the 10 largest stockholders and directors
must be set forth.
(b)
A description of property by section, block and lot designation
on the Nassau County Land and Tax Map.
(c)
A statement whether the subject parcel is within 500 feet of
a municipal boundary, a proposed or existing county or state park,
a highway, a stream or drainage or navigation channel, or of county
or state land improved with a public building or site.
(d)
A statement as to the relief requested and the grounds therefor,
including any law which authorizes the application.
(2)
The application shall be accompanied by the following:
(a)
Seven copies of a current survey by a licensed surveyor, site
plan, floor plans, elevation plans and seven copies of an area map
showing the subject property, together with the use of all land within
200 feet of any portion of the subject property and the zoning classification
thereof. The survey and area map may be combined on one map.
(b)
Before an application for a variance may be heard by the Board
of Zoning and Appeals, a complete and accurate list of the names and
addresses of the owners of all the lands within a radius of 200 feet
of the property affected by such application as appears on the latest
completed assessment roll of the County of Nassau shall be submitted
simultaneously with the application. The applicant shall send, by
registered or certified mail, to each owner shown on said list, not
less than 10 nor more than 20 days before the date set for a hearing
upon the application, a notice addressed to such owners, generally,
signed by the applicant, identifying the property affected thereby
and setting forth the variance requested and the date, hour and place
fixed by the Board of Zoning and Appeals for the hearing thereon.
(c)
Appeals for the hearing thereon. Before such case may be heard
by the Board of Zoning and Appeals, the applicant must file with the
Clerk of the Board, not later than five days prior to the hearing
date, an affidavit of the mailing of such notices as herein provided,
said affidavit to be made on forms to be provided by the Board of
Zoning and Appeals.
(d)
Before an application for a special use may be heard by the
Board of Zoning and Appeals, a complete and accurate list of the names
and addresses of owners of all the lands within a radius of 200 feet
of the property affected by such application as appears on the latest
assessment roll of the County of Nassau shall be submitted simultaneously
with the application. The applicant shall send, by registered or certified
mail, to each owner shown on said list, not less than 10 nor more
than 20 days before the date set for a hearing upon the application,
a notice addressed to such owners generally, signed by the applicant,
identifying the property affected thereby and setting forth the use
requested and the date, hour and place fixed by the Board of Zoning
and Appeals for the hearing thereon. Before such case may be heard
by the Board of Zoning and Appeals, the applicant must file with the
Clerk of the Board, not later than five days prior to the hearing
date, an affidavit of the mailing of such notices as herein provided,
said affidavit to be made on forms to be provided by the Board of
Zoning and Appeals. This provision shall likewise apply to any application
for the extension of a temporary or special use.
(f)
Such environmental statements as may be required by any applicable
law.
(3)
In making its determinations on such application, the Board shall
give consideration, among other things, to:
(a)
The effect of the relief requested on the adjacent and surrounding
property and upon the proper growth and development, safety and development
and general welfare of the community.
(b)
The need for the relief requested to permit a reasonable use
of land.
(c)
The manner in which any hardship caused by this chapter was
created.
(d)
The conformity of the requested relief with the spirit, interest
and purposes of this chapter.
(4)
In granting any applications, the Board of Zoning and Appeals may
impose conditions and restrictions reasonably necessary to reduce
or minimize the effect of the requested relief on other property and
to implement the spirit and purpose of this chapter.
D.
Expiration of relief granted by Zoning Board.
(1)
If, within one year from the date of a determination by the Board
of Zoning and Appeals, substantial construction pursuant thereto or
use thereof has not commenced or if, within two years after such date,
construction has not been completed, the grant of relief by the Board
of Zoning and Appeals shall expire.
(2)
The Board of Zoning and Appeals may, upon written application and
payment of the required fees made before the date of such expiration,
without further public hearing, extend the time for such commencement
of construction or use and/or completion of construction for an additional
period not to exceed six months.
[Amended 4-25-2001 by L.L. No. 5-2001]
In all districts, approval of an original or
amended property development plan (referred to hereinafter as "site
plan") shall be required for:
A.
The erection or expansion of all buildings in all
districts.
B.
The utilization of vacant or developed land.
C.
Any change in use or intensity of use which will affect
the characteristics of the site in terms of off-street parking, loading
and unloading, traffic and access, utilities, grading and drainage,
substantial change in appearance of a structure (other than routine
maintenance, repair, painting, etc.) and other Village services.
D.
Conversion or enlargement of finished cellars or basements.
[Added 4-25-2001 by L.L. No. 5-2001]
A.
In accordance with § 10 of the Municipal
Home Rule Law, the Village of Manorhaven Board of Trustees enacts
this local law to supersede any inconsistent portions of Village Law
§ 7-725-a for the purposes of responsibility for review
of site plans, between itself and the Planning Board. The Village
Board of Trustees shall have the authority to review site plans and
provide a final decision on any nonresidential or multifamily project
(three or more units) located on a lot of .5 or more acres. The Village
Board of Trustees shall have the authority to transfer powers of review
for any nonresidential or multifamily project (three or more units)
located on a lot of .5 or more acres to the Planning Board on an individual
basis. The Planning Board shall have the authority to review site
plans and provide a final decision on one- and two-family structures
and all other projects.
B.
In the following, wherever the word "Board" is used
it shall refer to the applicable Board, either the Planning Board
or the Village Board of Trustees, unless otherwise indicated.
[Amended 8-24-1988 by L.L. No. 5-1988; 2-28-2001 by L.L. No. 2-2001; 4-25-2001 by L.L. No. 5-2001]
A.
Creation, selection and organization of the Planning
Board.
(1)
Establishment and membership. There shall be a Planning
Board of seven members pursuant to the provisions of Village Law § 7-718.
However, the member and Chairman shall be limited to a maximum term
of a two-term appointment, not to exceed five years for each term,
either consecutive or consecutive over their lifetime. At no point
in time may any person serve more than two terms or appointments,
whether it be consecutive or nonconsecutive terms or appointments,
which shall include existing members.
[Amended 8-31-2022 by L.L. No. 6-2022]
(2)
The Chairman and Deputy Chairman of said Board shall be designated
annually by the Mayor, subject to approval by the Board of Trustees,
which shall include existing members. The Chairman or, in his absence,
the Deputy Chairman, shall have the power to issue subpoenas for the
attendance of witnesses and the production of records and may administer
oaths. The Village shall also employ experts, if deemed necessary
to review any application before the Board.
[Amended 7-15-2022 by L.L. No. 9-2022]
B.
Power and duties.
(1)
The Planning Board shall have the duty to review and
approve, approve with conditions or reject and withhold approval until
specific requirements are satisfied, site plans for one- and two-family
structures and for any nonresidential or multifamily project (three
or more units) located on a lot of less than .5 acres.
(2)
The Planning Board shall have the duty to review and
make recommendations on nonresidential or multifamily site plans to
the Village Board of Trustees.
[Amended 3-23-1988 by L.L. No. 3-1988; 4-25-2001 by L.L. No. 5-2001]
A.
In considering and reviewing site plans, the Planning
Board and Village Board of Trustees shall take into consideration
the public health, safety and welfare, the community maritime character,
the impact of the proposed development on regional resources, the
comfort and convenience of the public in general and of the residents
of the proposed development and of the immediate neighborhood in particular
and may prescribe such appropriate conditions and safeguards as may
be required in order that the result of its action shall, to the maximum
extent possible, further the expressed intent of this chapter and
the accomplishment of the following objectives and standards in particular:
[Amended 6-27-2001 by L.L. No. 10-2001]
(1)
That all proposed traffic accessways are adequate
but not excessive in number; adequate in width, grade, alignment and
visibility; not located too near street corners or other places of
public assembly; and other similar safety considerations.
(2)
That adequate off-street parking and loading spaces
are provided in accordance with this chapter and that the interior
circulation system is adequate to provide safe accessibility to all
required off-street parking lots, including parking for the handicapped,
loading bays and building services.
(3)
That all open space parking and service areas are
reasonably landscaped and screened at all seasons of the year from
the view of any adjacent residential lots and streets and that the
general landscaping of the site is such as to enhance the character
of the Village and is in character with that generally prevailing
in the neighborhood.
(4)
That all existing trees over eight inches in caliper,
measured three feet above the base of the trunk, are retained, to
the maximum extent practicable, and that all other important natural
features are properly protected. That the removal of any tree over
three inches in caliper measured three feet above the base of the
trunk shall require replacement with a tree of 1.5 inches to three
inches in caliper.
(5)
That the adequacy, type and arrangement of trees,
shrubs and other landscaping constitute a visual or noise buffer and
that plant selection is suitable for the specific site. Native species
of plants shall be utilized where ever possible.
(6)
That all plazas and other paved areas intended for
use by pedestrians use decorative pavements and use plant material
so as to prevent the creation of vast expanses of pavement. Preference
shall be given to use of permeable, semipermeable and porous materials
in paved areas when suitable for the proposed use.
(7)
That all outdoor lighting is of such nature and so
arranged as to preclude the diffusion of glare onto adjoining properties
and streets.
(8)
That the site plan is in conformance with such portions
of the Comprehensive Plan of the Village as may be in existence.
(9)
That the existing and proposed drainage system will
afford the best solution to any drainage problems by minimizing erosion
and sedimentation, maximizing groundwater infiltration and incorporating
other applicable measures so that, to the maximum extent practicable,
development shall ensure that there will be no measurable increase
in runoff from the site, during or after construction.
(10)
That development minimize flooding and erosion
hazards through nonstructural means and appropriate siting of structures
to the extent practicable.
(11)
That development protect surface waters and
ground waters from direct and indirect pollution.
(12)
That development avoid the destruction, damage
or detrimental modification of or interference with natural, scenic,
topographic or physical features of the site to the extent practicable.
(13)
That development be arranged to minimize visual
impacts both from and to any waterbodies. This includes the quality
and extent of views from public streets, through the property to Manhasset
Bay waters.
(14)
That development promotes, integrates and facilitates
open space, recreational and public access to the water, where appropriate
and feasible, and shall avoid obstruction of existing public or semipublic
access to the waterfront.
(15)
That the development shall give consideration
to the relationship, compatibility, location, arrangement, size and
design of lighting and signs with respect to on-site and off-site
uses and facilities.
B.
Approval procedures.
(1)
The Superintendent of Buildings shall certify on each
site plan whether or not such plan meets the requirements of all Zoning
Chapter requirements other than those of this chapter regarding site
plan review.
(2)
Applications for site plan approval shall be made on forms adopted
by the Board for that purpose. An original and seven copies of the
application, together with eight copies of the proposed site plan,
floor plan and elevation plans, and a survey which served as the basis
for the site plan, and eight copies of an area map showing the subject
property, together with the use of all land within 200 feet of any
portion of the subject property, and the zoning classification thereof
shall be filed with the Village Clerk, together with the fee established
by resolution of the Board.
[Amended 5-31-2019 by L.L. No. 6-2019]
(3)
The Mayor/Chairperson shall schedule the Board's consideration
of the applications for site plan review in such a manner as will
permit an orderly and expeditious disposition of these applications
with due regard for the Boards' other duties and responsibilities.
Prior to formal consideration of the application by the Board, the
Mayor/Chairperson may direct, or the applicant may request, that a
preliminary conference be held wherein the applicant shall meet in
person with the Board or such representatives of it as are designated
by the Mayor/Chairperson to discuss the site plan submitted so that
the necessary subsequent steps may be undertaken with a clear understanding
of the Board's requirements in matters relating to a development of
the site and recommendations with respect to the plan submitted.
(4)
The Board shall fix a time within 62 days from the day an application
for site plan approval is received for a public hearing on the application
and give public notice thereof by publication in the official newspaper
at least five days prior to the date thereof. At the same time the
Village Board of Trustees shall forward the application to the Planning
Board for review and recommendations, if the review is before the
Village Board of Trustees. The Planning Board will review and make
recommendations regarding the site plan in writing and return these
to the Village Board of Trustees at least five days prior to the scheduled
public hearing. Before an application for a site plan approval may
be heard by the Board, a complete and accurate list of the names and
addresses of the owners of all the lands within a radius of 200 feet
of the property affected by such application, as it appears on the
latest completed assessment roll of the County of Nassau, shall be
submitted simultaneously with the application. The applicant shall
send, by registered or certified mail, to each owner shown on said
list, not less than 10 nor more than 20 days before the date set for
a hearing upon the application, a notice addressed to such owners
generally, signed by the applicant, identifying the property affected
thereby and setting forth the use requested and the date, hour and
place fixed by the Board for the hearing thereon. Before such application
may be heard by the Board, the applicant must file with the Clerk
of the Board, not later than five days prior to the hearing date,
an affidavit of the mailing of such notices as herein provided, said
affidavit to be made on forms to be provided by the Village Board
of Trustees. The Board shall act to approve, disapprove or approve
with conditions or modifications any such site plan within 62 days
after the hearing on the application.
[Amended 5-31-2019 by L.L. No. 6-2019]
(5)
Following approval of the site plan by the Board,
an applicant shall file with the Village Clerk a performance bond,
to cover the full cost of any required public improvements, in an
amount set by the Board. Such bond shall be satisfactory to the Village
Attorney as to form, sufficiency, manner of execution and surety.
A period of one year or such other period as the Board may deem appropriate,
not to exceed three years, within which such public improvements must
be completed shall be set forth in the bond. If the bond is not filed
within 45 days of the approval granted in the subsection above, the
site plan shall be deemed disapproved.
(6)
A stormwater pollution prevention plan consistent with the requirements of Article XI of this chapter and Chapter 128, Soil Erosion, shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Article XI of this chapter. The approved site plan shall be consistent with the provisions of this chapter.
[Added 3-28-2007 by L.L. No. 1-2007]
[Amended 4-25-2001 by L.L. No. 5-2001]
The applicant shall cause a site plan map to
be prepared by an architect, landscape architect, civil engineer or
surveyor, at a scale of not less than one inch equals 30 feet and
not more than one inch equals 10 feet. The site plan shall include
the elements listed below unless one or more thereof shall be waived
by the Board representatives at a preliminary 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.
(3)
The date, North point and written and graphic scale.
(4)
A sufficient description or information to define
precisely the boundaries of the property. All distances shall be in
feet and tenths 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 lot lines and owners of all adjoining lands as
shown on the latest tax records.
(6)
The locations, widths and purposes of all existing
and proposed easements, setbacks, reservations and areas dedicated
to public use within or adjacent to the property.
(7)
The locations, names and existing widths of adjacent
streets and curblines.
(8)
Record of application and approval status of all necessary
permits from federal, state, and county officials.
(9)
A complete outline of existing deed restrictions or
covenants applying to the property.
(10)
Existing zoning.
B.
Proposed uses and actions. The site plan shall include
the following details:
(1)
Location of proposed land and water uses, including
all uses not requiring structures, such as outdoor storage and the
description of items to be stored and their areas in acres or square
feet as appropriate, together with the proposed use, dimensions, height
and architectural features of all buildings, fences, walls, signs,
structures, tanks, poles, parking and drives and other improvements.
(2)
Approximate locations and dimensions of areas proposed
for neighborhood parks, playgrounds or other permanent open space.
(3)
Building orientation and site design for energy efficiency
and visual quality.
(4)
A planting plan showing the location of proposed buffer
areas, plant selection suitable for the specific site and planting
schedule. Native species of plants shall be included in the plan whenever
possible.
(5)
Lines and dimensions of all property which is offered,
or to be offered, for dedication for public use, with the purpose
indicated thereon, and of all property proposed to be restricted by
deed covenant for the common use of the property owners of the development.
(6)
Description and location of erosion control measure,
including proposed location of sediment sink/settling ponds and interceptor
swales.
C.
Natural features:
(1)
Existing contours with intervals of five feet or less,
referred to a datum satisfactory to the Board.
(2)
Approximate boundaries of any areas subject to flooding
or floodplain boundaries as determined by the Federal Emergency Management
Act and stormwater overflows.
(3)
Location of existing watercourses, marshes/wetlands,
wooded areas, rock outcrops, isolated trees with a caliper of eight
inches or more, measured three feet above the base of the trunk, and
any other significant existing natural features, and an inventory
of all trees with a caliper of three inches or more, measured three
feet above the base of the trunk.
(4)
The location of major views to Manhasset Bay from
public roads or lands from the site, and from properties within 100
feet of the site, as indicated in the Local Waterfront Revitalization
Program.
D.
Existing structures and utilities:
(1)
A vicinity sketch and boundary line survey of the
site, including the location of any building or structure on land
of adjacent property owners within 100 feet of the site.
(2)
Outlines of all structures and location of all uses
not requiring structures, such as the location of outdoor storage
and description of materials stored.
(3)
Paved areas, sidewalks and vehicular access between
the site and public streets.
(4)
Locations, dimensions, grades and flow direction of
any existing sewer, culverts and waterlines, as well as other underground
and aboveground utilities within and adjacent to the property.
(5)
Other existing development, including fences, landscaping,
screening, bulkheads, docks and moorings.
E.
Specifications showing:
(1)
The type of pavement and curb or gutter to be laid
on the streets shown on the plat.
(2)
The specifications of the material to be used and
methods to be adopted in construction of the pavement and curbs and
gutters, including drains and underground drainage pipes.
(3)
The grades of the street, showing the courses and
disposition of surface waters, and the location of drains. This may
be shown on a contour map or on the plat.
(4)
Plantings to be made on shoulders of streets and in
parks or public spaces.
(5)
Water and sewer lines.
(6)
Electric and telephone lines.
F.
Details showing:
(1)
The construction of all streets within the property,
by metes and bounds, with relation to other streets and boundary lines
of the property.
(2)
The grades of the proposed streets showing the course
and disposition of surface waters and drains. This must be shown on
an accompanying map.
(3)
The location of sufficient monuments to adequately
define the course of the streets.
(4)
The construction for utilities existing and as proposed.
Electric and telephone poles shall be along the rear lot lines or
underground, insofar as feasible.
(5)
The construction for any park or public access and
the manner in which it is to be improved.
(6)
The construction for any accessory and supportive
building.
[Amended 4-25-2001 by L.L. No. 5-2001]
Approval of a site plan by the Board shall be
valid for a period of six months from the date thereof for the purpose
of obtaining a building permit. The approval may be renewed once for
six more months. If substantial construction is commenced within the
six-month period and diligently prosecuted thereafter, such approval
shall be valid until the completion of all proposed improvements on
the site or for a period of not more than two additional years.
The procedure set forth in this article for
application to the Board of Zoning and Appeals for special use permits
shall apply to applications to the Board of Trustees for special use
permits for R-3 Districts.
This chapter shall be enforced on behalf of
the Board of Trustees by the Code Official, who shall carry out the
procedure as set forth in this chapter. The Board of Trustees may
make and adopt such further rules and regulations as are deemed necessary
for the proper enforcement and administration of this chapter.
[Amended 3-23-1988 by L.L. No. 2-1988; 11-20-1991 by L.L. No. 3-1991; 8-18-1993 by L.L. No. 6-1993; 1-22-1997 by L.L. No. 1-1997; 3-23-2017 by L.L. No. 5-2017]
A.
For any and every violation of any provision of this chapter other than § 155-43 (Storage and parking of certain vehicles), Subsection B, the owner, general agent or contractor of a building or premises where such violation has been committed or shall exist, and the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist, and the owner, general agent, contractor, lessee or tenant of any part of a building or premises in which part such violation has been committed or shall exist, and the general agent, architect, builder, contractor or any other person who knowingly commits, takes part, allows or assists in any such violation or who maintains any building or premises in which any such violation shall exist, shall be guilty of a violation against this chapter, punishable by a fine not exceeding $1,000 or imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine of not less than $1,000 nor more than $2,000 or imprisonment for a period not to exceed 15 days, or both; and upon conviction of a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine of not less than $2,000 nor more than $3,000 or imprisonment for a period not to exceed 15 days, or both. Each week’s continued violation shall constitute a separate additional violation.
B.
Any person who violates § 155-43 (Storage and parking of certain vehicles), Subsections A and B, shall be guilty of a violation punishable by a fine in an amount established by resolution of the Board of Trustees. Each week’s continued violation shall constitute a separate violation of this chapter.
A.
This chapter or any part thereof may be amended, supplemented
or repealed from time to time by the Village Board of Trustees, acting
on its own motion or upon petition, as provided by law.
B.
Each petition for a zoning amendment shall be accompanied
by payment of the applicable fee as prescribed by resolution of the
Board of Trustees. If the petition is withdrawn before publication
of notice of a public hearing thereon, the fee may be refunded, in
whole or in part, at the discretion of the Board of Trustees. No fee
shall be required for a petition filed in favor of or against a pending
application.
C.
Each such petition shall be in writing and shall contain
the items and information required for an application for a special
use permit.
D.
Notice of public hearing shall be published and served
in the same manner as provided for applications for a special use
permit, except that, in the case of an amendment made by the Board
of Trustees on its own motion, no notice shall be required except
by publication in the official newspaper.
If any section, paragraph, clause or provision
of this chapter shall be adjudged invalid by a court of competent
jurisdiction, such adjudication shall apply only to the section, paragraph,
clause or provision so adjudged, and the rest of this chapter shall
remain valid and effective.
This chapter shall not be deemed to supersede
any other law not expressly superseded.
Wherever possible, the provisions of this chapter
shall be read and construed to harmonize with each other applicable
law. However, in the event of irreconcilable conflict between this
chapter and any other law, the more restrictive interpretation shall
prevail.
The provisions of the Zoning Code Ordinance
of the Village of Manorhaven, as heretofore adopted and amended hereby
are repealed.
