Village of Hempstead, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Hempstead 10-16-1990 by L.L. No. 13-1990; amended in its entirety 12-18-2007 by L.L. No. 18-2007. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Codes Review Board — See Ch. 7.
Building construction administration — See Ch. 50.
Environmental quality review - See Ch. 62.
Zoning — See Ch. 139.
A. 
The Board finds that it is appropriate to augment the approval of a building permit with the requirements and conditions as a professional screening agency determines are appropriate based upon its collective experience, its expertise, as well as the environmental impact of the action, taking into further account the sentiment and needs of the surrounding communities.
B. 
Accordingly, the Board deems it in the best interests of the health, safety and welfare of the residents of the Village of Hempstead to establish the Planning Board. It is the purpose of this chapter to promote the health, safety and general welfare of the Village through site plan and subdivision review. This design evaluation procedure will allow the Village to review the arrangement, layout, use interrelationships and neighborhood impacts of sites intended for development or redevelopment and subdivision, to ensure the aesthetic quality of such design to conform with the character of the neighborhood. It is also the intent of this chapter to protect the Village through site plan review by maximizing the conservation, enhancement, and utilization of its natural and man-made resources.
A Village Planning Board is established to provide for conscientious and orderly land use development through comprehensive planning, subdivision control and zoning review.
A. 
There shall be a Village Planning Board appointed by the Mayor, as provided by § 7-718 of Article 7 of the Village Law of the State of New York, subject to the approval of the Board of Trustees, which Planning Board shall consist of five members. Members shall be appointed as follows: two members shall be appointed for three-year terms; two members shall be appointed for two-year terms; and one member shall be appointed for a one-year term. Thereafter, all terms shall be for three years. Vacancies occurring other than by expiration of terms of office shall be filled by the Mayor.
B. 
The Chairman of the Board shall be designated by the Mayor, with the approval of the Board of Trustees or, on failure to do so, shall be elected from and by its own members.
C. 
The office of Secretary to the Planning Board is herewith created. Appointment to the position of Secretary of the Planning Board shall be made by the Mayor. If a vacancy occurs, it shall be filled by appointment by the Mayor.
D. 
All members of the Planning Board shall receive at least three hours of training and/or continuing education on an annual basis in accordance with New York State Law. However, courses offered by or under the auspices of the Nassau County Planning Commission and courses qualified for legal continuing-education credit in a planning-related area shall presumptively satisfy this requirement. This requirement shall first apply to the calendar year following the effective date of this enactment.
Unless otherwise defined herein, the definitions contained in §§ 50-3, 62-1, 78-1, 86-24 and 139-2 of the Code of the Village of Hempstead, New York, shall apply to this chapter for the purpose of defining, interpreting, construing and applying the terms and provisions of this chapter. In addition to the foregoing, the following definitions shall apply:
COMPREHENSIVE PLAN
Refers to the Comprehensive Plan, Master Plan or Map, by whatsoever name known, adopted by the Village of Hempstead.
PLANNING BOARD
The Planning Board of the Incorporated Village of Hempstead, New York.
SECRETARY OF THE PLANNING BOARD
The duly authorized representative of the Planning Board. The Planning Board may also appoint a designee to act in the capacity of the Secretary of the Planning Board.
SITE PLAN
A rendering, drawing or sketch prepared to the specifications contained in this chapter. The Planning Board may also require that a site plan be prepared by a licensed architect, landscape architect, civil engineer or surveyor, containing the elements set forth in § 209-6C(3) as applicable, together with an architectural rendering of the proposed buildings and structures. The site plan shall show the arrangement, layout and design of the proposed use of a single parcel of land.
SUBDIVISION
The division of any parcel of land into two or more lots, plots, sites or other division of land, with or without streets, for the purpose of immediate or future sale or building development.
A. 
No building, structure or outdoor use of land shall be used, constructed, enlarged, altered or moved in any zoning district until a site plan or subdivision meeting the requirements of this chapter has been approved by the Planning Board. In all cases requiring site plan approval by the Planning Board, a building permit or, where no building permit may be required, a certificate of occupancy, a change of use or certificate of completion for all buildings or structures and outdoor uses of land shall not be issued by the Superintendent of Buildings except upon authorization of, and in conformity with, the site plan approval by the Planning Board.
B. 
Specifically excluded from the provisions of this chapter are the following items:
(1) 
Renovations which are 100% internal to an existing building or structure, provided that legal ownership, or tenancy or control or use of the premises has not been transferred;
(2) 
Exterior renovations to an existing building or structure which do not increase, alter or otherwise modify the outer envelope of said building or structure; alteration or renovations of single- and two-family dwellings that are not in excess of 25% or more of the existing lot coverage such as dormers or extensions. However, facade improvements to business and commercial structures are specifically included within the provisions of this chapter.
(3) 
Repair and replacement of existing driveways, curb cuts, aprons and sidewalks and/or increase the impervious surface not greater than 4% of the buildable lot coverage.
(4) 
Repairs to existing in-ground and aboveground swimming pools.
(5) 
Fences which do not extend beyond the front line of the building or principal structure, except residential fencing.
(6) 
Decks which are not defined by Village Code § 139-2.
(7) 
Storage sheds which conform with all zoning regulations and are not defined by Village Code § 139-2.
A presubmission conference or conferences shall be held between the Planning Board, a representative of the Building Department, Zoning Board and/or Community Development Agency or its consultants and the applicant and his/her representatives prior to the preparation and submission of a formal site plan or subdivision at the request of the Planning Board, Zoning Board, Building Department or Community Development Agency. This meeting will be during the hours of operation of both the Building Department and Community Development Agency and may preclude or determine whether site plan or subdivision review is required. The Secretary of the Planning Board will coordinate any presubmission conferences on behalf of the Planning Board. The intent of such a presubmission conference is to enable the applicant to inform the Planning Board of the proposal prior to the preparation of a detailed site plan, and for the Planning Board to review the basic site design concept, to advise the applicant as to potential problems and concerns, and to determine generally the type of information to be shown on and submitted with the site plan. In order to accomplish these objectives, the applicant shall provide the following:
A. 
A map of the area which clearly shows the location of the site with respect to zoning, nearby streets, adjacent properties rights-of-way, properties, bodies of water, easements and other pertinent features.
B. 
A statement and site map showing the location and dimensions of all structures, buildings, parking areas, access signs (with descriptions), existing and proposed vegetation and other planned features on the site, anticipated changes in the site's existing topography and natural features, and, where applicable, measures and features to comply with other applicable state and/or local regulations, including but not limited to wetlands and flood hazard areas.
C. 
A topographic or contour map of adequate scale and detail to show site topography.
A. 
All applications for approval of a subdivision or site plan shall be submitted on a form prescribed by rule or regulation of the Planning Board. If a presubmission conference was held, this application shall be submitted after the conference. Ten copies of the subdivision or site plan application and any related information shall be submitted to the Secretary of the Planning Board who shall distribute the applications to the Planning Board and the Superintendent of the Building Department, the Commissioner of the Hempstead Village Community Development Agency and the Chief of the Village Police Department. No application shall be deemed accepted by the Secretary of the Planning Board unless the Planning Board deems it complete. Within 45 days of receipt of the application, the Planning Board shall determine whether said application is complete. If the Planning Board determines that said application is incomplete, it shall promptly notify the applicant wherein said application is deficient.
B. 
No application shall be deemed complete until either a negative declaration or conditioned negative declaration has been made for the application pursuant to the State Environmental Quality Review Act (SEQRA) or, if a positive declaration is made, until an environmental impact statement has been accepted by the lead agency as satisfactory with respect to scope, content and adequacy. Regardless of the time requirements of this section, reasonable time shall be provided for compliance with SEQRA, including the preparation of a final environmental impact statement.
C. 
The application shall be accompanied by information contained in the following checklist. The Planning Board may, at its discretion, waive any requirements on this checklist which are clearly not relevant to the proposed use and site.
D. 
The applicant shall provide photographs of all parcels within a radius of 200 feet of the subject parcel, with identifying comments on said photographs.
E. 
The applicant shall submit a site plan which shall include the following information, plotted as necessary to a scale of not more than 20 feet to one inch:
(1) 
Title of drawing, including name and address of applicant.
(2) 
North point, scales and date.
(3) 
Boundaries of the project.
(4) 
Existing natural features, such as Nassau County culverts, wooded areas and individual large trees on the subject property. Features to be retained should be noted.
(5) 
Location of proposed land and water uses and their areas, in acres, and the location, together with the proposed use, dimensions, height and architectural features, of all buildings and other structures.
(6) 
Location of outdoor storage and description of materials to be stored.
(7) 
Location of all existing or proposed site improvements, including streets, drains, culverts, retaining walls, fences, docks and easements, whether public or private.
(8) 
Description of sewage disposal and water supply systems and location of such facilities.
(9) 
Location and proposed development of buffer areas and other landscaping; the general landscaping plan and planting schedule.
(10) 
Location of all parking and loading areas, internal circulation pattern and ingress and egress drives.
(11) 
Provision for pedestrian and patron access, including public and private sidewalks and walkways.
(12) 
Location, design and size of all signs and lighting facilities.
(13) 
Approximate locations and dimensions of areas proposed for neighborhood parks, playgrounds or other permanent open space.
(14) 
Building orientation and site design for energy efficiency and visual quality.
(15) 
Location and design of all energy distribution facilities, including electrical, gas and solar energy.
(16) 
Description and location of erosion control measures, including proposed location of sediment sink/setting pond and interceptor swales, etc.
(17) 
Location, supporting design data and copies of computations used as a basis for the design capacities and performance of stormwater management facilities.
(18) 
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 that is proposed to be reserved by deed covenant for the common use of the property owners of the development.
(19) 
Estimated project construction schedule.
(20) 
Record of application for approval status of all necessary permits from federal, state and county officials.
(21) 
Identification of any federal, state or county permits required for project execution.
(22) 
The Planning Board may require such additional information as it may deem necessary for a complete assessment of the project pursuant to this chapter.
(23) 
The applicant may be required to submit a radius map delineating all property located within a two-hundred-foot radius of the site plan with a list of all legal addresses in the radius area as set forth in Village property records.
F. 
Stormwater pollution prevention plan. A stormwater pollution prevention plan consistent with the requirements of Article I and II of Chapter 9E shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Article II of Chapter 9E. The approved site plan shall be consistent with the provisions of Chapter 9E.
[Added 3-18-2008 by L.L. No. 5-2008]
In all cases where the proposed map, plat or plan fails to follow the rules and regulations hereinbefore stated, proof shall be presented of the reasons for such deviations, and exception shall be granted by the Board only in case of unnecessary hardship and in conformity with the general purposes of the Comprehensive Plan of the Village.
The applicant to the Planning Board for the approval of a subdivision or a site plan shall be liable for and shall pay the costs as set forth in this Code in addition to the following costs, which may be incurred by the Village in processing the application:
A. 
Advertising.
B. 
Stenographic minutes of meetings.
C. 
Engineering costs.
D. 
Inspection costs.
E. 
Legal fees.
F. 
Recording fees.
A filing fee of $50 is hereby established and required in connection with any application to the Planning Board for approval of a subdivision or a site plan.
In addition to the filing fee, the following deposits are hereby established and required in connection with any application to the Planning Board for approval of subdivision or a site plan:
A. 
On application for preliminary approval there shall be a deposit of $200.
B. 
On application for final approval of a subdivision there shall be a deposit of $150, plus 1% of the amount certified by the Village Engineer as the cost of the public improvements other than water to be installed.
C. 
Upon submission of the approved plat for signature:
(1) 
On a subdivision, there shall be a deposit of 5% of the amount of the bond required by the resolution of the Planning Board granting final approval.
(2) 
On a site plan, there shall be a deposit of the amount certified by the Planning Board to be required to defray the costs of the Village as set forth in § 8-5.1.
In the event that the amount of the deposits required herein is insufficient to cover the costs as set forth herein, then the applicant prior to either preliminary or final approval, or reduction or discharge of the bond, as the case may be, shall pay to the Village the additional cost. In the event that the amount of the deposit shall exceed said costs as determined either at the time of an abandonment of the subdivision or the discharge of the bond, as the case may be, said unused deposit shall be returned to the applicant, provided that the applicant shall, within six months of discharge of the bond or the abandonment of the subdivision, as the case may be, file with the Planning Board a written demand for such refund. All unclaimed deposits shall become the property of the Village.
No consideration shall be given by the Planning Board to any application for preliminary or final approval of a proposed subdivision or site plan, nor shall any approved plat be signed, unless all required fees and deposits shall have been paid.
A. 
General criteria. Planning Board review of the site plan or subdivision shall include, but not be limited to, the following criteria:
(1) 
Development shall be compatible with natural features of the site and with surrounding land uses and the Village Comprehensive Plan.
(2) 
Various on-site structures and uses within the development shall be harmonious and in scale to one another and with the neighborhood.
(3) 
Development shall be arranged to minimize visual or noise impacts with adjoining uses and adjoining lands. In mitigating impacts, consideration shall be given to the use, adequacy, type and arrangement of trees, shrubs and other landscaping materials.
(4) 
Development shall minimize the destruction, damage or detrimental modification of, or interference with, natural, scenic, topographic or physical features of the site.
(5) 
Development shall provide for sufficient and adequate off-street parking and loading space.
(6) 
Development shall provide adequate and efficient arrangement of vehicular traffic access and circulation within the site and take steps to mitigate the proposal's effect on traffic patterns and congestion in the vicinity of the proposed development.
(7) 
Development shall provide unimpeded access for emergency service vehicles and convenient availability of fire protection devices.
(8) 
Development shall provide for adequate pedestrian and nonmotorized vehicular access, circulation and safety.
(9) 
Development shall give consideration to the relationship, compatibility, location, arrangements, size, design and aesthetics of buildings, lighting and signs with respect to on-site and off-site uses and facilities.
(10) 
Development shall ensure that there will be no net increase in runoff from the site during or after construction.
(11) 
Development shall minimize flooding and erosion hazards through nonstructural means, long-term structural measures and appropriate siting of structures.
(12) 
Development shall protect surface waters and groundwaters from direct and indirect pollution and from overuse.
(13) 
Development shall ensure an adequate supply of potable water and sanitary waste disposal systems.
(14) 
Development shall ensure the adequacy of landscaping and setbacks in regard to achieving maximum compatibility with, and protection of, local and area scenic quality and adjacent wildlife habitats.
(15) 
The height and bulk of buildings and structures shall be compatible with the site and in harmony with adjacent buildings, structures and uses so that new construction does not harm the visual quality or character of the area.
(16) 
Building orientation and site design shall, to the maximum extent practicable, ensure that the proposed development conserves energy use.
(17) 
Development shall protect and avoid disturbance of sites recognized as being of local historical, architectural or archaeological importance on or adjacent to the site.
B. 
Reservation of parkland on site plans or subdivisions containing residential units.
(1) 
Before the Planning Board may approve a subdivision and/or site plan containing residential units, such site plan and/or subdivision shall also show, when required by such board, a park or parks suitably located for playground or other recreational purposes.
(2) 
Land for park, playground or other recreational purposes may not be required until the Planning Board has made a finding that a proper case exists for requiring that a park or parks be suitably located for playgrounds or other recreational purposes within the Village. Such finding shall include an evaluation of the present and anticipated future needs for park and recreational facilities in the Village based on projected population growth to which the particular site plan or subdivision will contribute and may require a payment in lieu of establishing a park or recreational facility.
C. 
Consultation with other agencies and departments. In its review of a site plan or a subdivision, the Planning Board shall consult with the Superintendent of Buildings or his representative and may consult with other Village Departments, as well as other local and county officials and its designated private consultants, in addition to representatives of federal and state agencies, including, but not limited to, the New York State Department of Environmental Conservation, New York State Department of Transportation and New York State Department of State.
A. 
Upon the Planning Board's determination that the site plan or subdivision application is complete and satisfactory for review, a public hearing may be scheduled to be held within 62 days from the time of such determination, except as provided for herein. For the purpose of this section, the date of determination of a complete application shall be taken as the date of the first regular Planning Board meeting following completion of the site plan or subdivision application. The Secretary of the Planning Board or the designee shall mail notice of said hearing to the applicant at least 20 days before such hearing, and shall cause said hearing to be advertised at least five days prior to the scheduled date in a newspaper of general circulation in the Village, provided that the applicant mails to all property owners within 200 feet of the subject property, by certified mail, a notice of said hearing and at least 15 days before the hearing date provides proof of service of such notice to the Secretary of the Planning Board.
At the public hearing, citizens and parties in interest will have an opportunity to be heard, and the names and addresses of all persons recorded in connection with such application, together with the substance of their views, shall be entered in the minutes of the Board.
An applicant may apply to the Planning Board for a waiver of a public hearing. The Planning Board may grant such a waiver upon a satisfactory demonstration, at a presubmission conference with the Planning Board, of all of the following:
A. 
The property is located in a Residence AAA, AA, A District or the property use is for a single-family dwelling in a B Zoning District.
B. 
The proposed construction is not a new dwelling or building.
C. 
The Planning Board determines that the review criteria contained in § 8-6 are satisfied.
Within 62 days after the public hearing the Planning Board shall render a written decision, which conditionally approves, conditionally approves with modification, disapproves or grants final approval and authorizes the signing of the subdivision or plat. This sixty-two-day time period may be extended upon the mutual consent of the Planning Board and the applicant, or as may be permitted under SEQRA.
A. 
Every decision of the Planning Board with respect to a site plan or subdivision shall immediately be filed in the office of the Village Clerk, the county and the Building Department.
B. 
Upon approval or approval with modifications, the Secretary to the Planning Board shall mail to the applicant a copy of the written decision of the Planning Board.
C. 
Upon approval or approval with modifications, the Planning Board shall endorse a copy of the site plan or subdivision and forward it to the Superintendent of Buildings, who shall then issue the appropriate permit if the project conforms to all other applicable requirements.
D. 
Upon disapproval, the Planning Board shall so inform the Superintendent of Buildings, who shall not issue a building permit or certificate of occupancy or of completion. The Secretary to the Planning Board shall also mail to the applicant a copy of the written decision of the Planning Board and its reasons for disapproval. A copy of the appropriate minutes may suffice for this notice.
E. 
All mailings shall be by ordinary first-class mail to the applicant and his/her attorney, if any, at the address given by the applicant on the application form.
F. 
Specifications for all improvements shown on the site plan or subdivision shall be those set forth in this chapter and in other local laws, rules and regulations or in construction specifications of the Village of Hempstead.
A. 
A statement may be placed on all site plans and/or subdivision plats 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 installation of required site improvements (all roads, paved areas, drainage, utilities, outdoor lighting, open space and recreation, landscaping and screening, including planting) which are an integral part of the approved plan may be guaranteed by cash, performance bond or other acceptable guaranty approved by the Board of Trustees and the Village Attorney. In the event that a satisfactory guaranty is not provided within 90 days of the date of the resolution, the site plan shall be null and void. A guaranty of the improvements shall be for 100% of the cost of improvements.
B. 
The said cash, performance bond or other acceptable guaranty shall be conditioned on the property owner's or developer's completing the said work enumerated herein and set forth on the approved site plan in a manner satisfactory to the Planning Board, and upon the proper functioning of said systems for a period of one year from their completion. In default thereof, the said guaranty shall be forfeited; and the Village shall use the amount thereof to complete any incomplete portion of the said work or to make sure repairs are undertaken as are necessary to assure the proper functioning of said improvements. If any amount of money remains after the Village has completed said work, such excess money will be returned to the surety or the person putting up the required deposit. The installation of all improvements shall be under the direct supervision of a New York State registered architect, landscape architect or professional engineer.
C. 
To obtain a building permit, an applicant shall provide to the Superintendent of Buildings proof of acceptance of guaranty by the Planning Board. No part of the guaranty shall be released until all of the requirements of site plan or subdivision approval have been met, including the construction and completion of all site improvements and their inspection and approval by the Village.
D. 
The site improvements shall be fully completed in accordance with the approved plan before any new building, structure or outdoor use shown on the approved site plan or subdivision is occupied or used or any existing building shown on the approved site plan or subdivision is occupied with a new use.
In the event that any part or portion of this chapter shall be adjudged or determined to be invalid for any reason, such adjudication or determination shall not affect the validity of any other part or portion of this chapter. In the event that any provision of this chapter shall conflict or be inconsistent with any other provision of law, the more restrictive such provision shall be deemed to prevail to the extent inconsistent.