[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.]
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:
Refers to the Comprehensive Plan, Master Plan or Map, by
whatsoever name known, adopted by the Village of Hempstead.
The Planning Board of the Incorporated Village of Hempstead,
New York.
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.
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.
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 budding or structure. alteration or renovations of single-
and two-family dwellings that are not in excess of 25% or more of
the existing structure such as dormers or extensions. However, facade
improvements to business and commercial structures are specifically
included within the provisions of this chapter.
[Amended 4-7-2020 by L.L. No. 2-2020]
(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.
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 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.
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:
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.
