Village of Sea Cliff, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Sea Cliff 9-17-1979 by L.L. No. 36-1979, effective 10-15-1979. Amendments noted where applicable.]
GENERAL REFERENCES
Environmental Conservation Commission — See Ch. 8.
Architectural design review — See Ch. 38.
Building construction administration — See Ch. 48.
Environmental quality review — See Ch. 60.
Sewage and sewage disposal — See Ch. 103.
Signs and illumination — See Ch. 105.
Stormwater management and control — See Ch. 109.
Subdivision of land — See Ch. 112.
Wireless telecommunication facilities —  See Ch. 133.
Zoning — See Ch. 138.
Board of Architectural Review rules — See Ch. A141.
Schedule of fees — See Ch. A142.
Planning Board rules — See Ch. A145.
This chapter shall be known and may be cited as the "Site Plan Review Law of the Incorporated Village of Sea Cliff."
The design, location, arrangement, dimensions and stylization of structures within the Incorporated Village of Sea Cliff directly affect the physical and visual environment of such Village. The purpose of this chapter is to protect and enhance the said physical and visual environment of the Village and thus promote and protect the health, safety and general welfare of the community. To achieve this goal, the Planning Board of the Incorporated Village of Sea Cliff is hereby empowered to review site plans for compliance with the criteria as set forth herein.
For the purposes of this chapter, the terms used herein and usage of words shall be the same as in Chapter 138, Zoning, of the Code of the Incorporated Village of Sea Cliff.[1]
[1]
Editor's Note: See Ch. 138, Art. II.
[Amended 10-7-1996 by L.L. No. 1-1996; 12-10-2018 by L.L. No. 7-2018]
Site plan review, as provided herein, shall be required for the following, and the Planning Board shall approve, approve with modifications or disapprove applications, as follows:
A. 
Applications for building permits. All building permit applications involving the proposed erection of any structure, other than accessory structures on previously improved property or additions to one-family dwellings where the gross floor area of the addition does not exceed 50% of the gross floor area of the existing dwelling.
B. 
Applications for building permits for additions to one-family dwellings. All building permit applications involving the proposed erection of any addition to a one-family dwelling where the gross floor area of the addition equals or exceeds 50% of the gross floor area of the existing dwelling.
C. 
Applications for development of land.
D. 
A change in access to a site or a change in circulation within a site that affects at least 20% of the paved and/or gravel area, increases the paved and/or gravel area by 10% or more, or relocates or increase the total linear width of any curb cut or cuts.
E. 
Any substantial change in topography. For purposes of this section, any change in topography in excess of one foot in height or elevation, at any point or over any ten-foot linear area, shall be considered a substantial change.
The Planning Board shall consider each site plan submitted to it for compliance with the following criteria, objectives and standards:
A. 
Protection of the character of the neighborhood and prevention of depreciation of adjoining properties.
B. 
Achievement of a harmonious relationship and maximum compatibility among the uses shown on said site plan and uses located on adjoining and adjacent properties and districts.
C. 
Adequacy of buffer landscaping, screening and building setbacks.[1]
[1]
Editor's Note: See Ch. 138, Zoning, regarding buffer area requirements.
D. 
Prevention of the overcrowding of land with structures and the inappropriate concentration of same.
E. 
Reduction and, where possible, prevention of traffic congestion and hazards on the streets which provide vehicular access to the site.
F. 
Reduction and, where possible, prevention of excess water runoff on adjoining and adjacent properties and districts.
G. 
Adequacy of ingress, egress, interior circulation and parking and loading facilities, particularly in regard to vehicular and pedestrian safety.
H. 
Such off-street parking and loading space requirements as shall be set forth in Chapter 138, Zoning.
I. 
In the case of subdivisions and new developments in floodplain or mudslide areas, the requirements for flood damage protection set forth in Chapter 48, Building Construction Administration Law.
J. 
Conservation of the natural environment.[2]
[2]
Editor's Note: See Ch. 8, Environmental Conservation Commission; Ch. 60, Environmental Quality Review; and Ch. A145, Rules and Regulations of the Planning Board.
K. 
The provisions of §§ 60-4, 60-5, A145-17 and A145-18 of this Code to the extent the criteria and environmental considerations set forth therein are or may be applicable to or affected by the proposed construction, development or other action for which the application has been filed. The criteria and environmental considerations set forth in these sections shall be applicable and the effect of the proposed action in relation to such criteria and considerations relevant, particularly as regards the methods proposed to minimize any adverse impacts on the environment, even though the provisions of Chapter 60 may not apply.
[Added 10-7-1996 by L.L. No. 1-1996]
A. 
The Planning Board shall not approve any application for the development or subdivision of land for which the site plan related thereto has been disapproved. The Planning Board shall not approve any application for the development or subdivision of land for which the site plan related thereto has been modified and approved unless the site plan as been changed to embody any modifications that the Planning Board may have specified as required to approve such site plan.
B. 
The Building Inspector shall not issue any building permit for which the site plan related thereto has been disapproved by the Planning Board. The Building Inspector shall not issue any building permit for which the site plan related thereto has been modified and approved unless the site plan has been changed to embody any modifications that the Planning Board may have specified as required to approve such site plan and there has been compliance with all applicable laws and provisions of this Code. The Building Inspector shall not issue any building permit for which the site plan related thereto has been approved unless there has been compliance with all applicable laws and provisions of this Code.
C. 
Where required, a stormwater pollution prevention plan consistent with the requirements of Article III of Local Law No. 15-2007, entitled “Stormwater Management and Control,” adopted as Article III of Chapter 109 of the Code of the Incorporated Village of Sea Cliff, entitled “Stormwater Management and Control,” shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Article III of Local Law No. 15-2007, adopted as Article III of Chapter 109 of the Code of the Incorporated Village of Sea Cliff, entitled “Stormwater Management and Control.” The approved site plan shall be consistent with the provisions of Chapter 109 of the Code of the Incorporated Village of Sea Cliff, entitled “Stormwater Management and Control,” adopted by Local Law No. 15-2007.
[Added 12-17-2007 by L.L. No. 16-0207, effective 1-1-2008]
In its review, the Planning Board may waive or modify any of the required provisions hereunder if, in its judgment, such waiver or modification will be consistent with the goal of promoting the health, safety, morals and general welfare of the community; provided, however, that such waiver or modification is made only in those instances where the site is physically capable of compliance with such required provisions and not because of factors relating to practical difficulties or unnecessary hardship.
Any person aggrieved by any decision of the Planning Board may apply to the Supreme Court of the State of New York for review by a proceeding under Article 78 of the Civil Practice Law and Rules. Such proceeding shall be instituted within 30 days after the filing of the decision of the Planning Board in the office of the Village Clerk.[1]
[1]
Editor's Note: See Village Law § 7-740.
The Planning Board is hereby authorized to adopt, promulgate, amend and repeal rules and regulations governing its procedure and the transaction of its business and for the purpose of fully implementing the provisions of this chapter. Such rules and regulations, and any amendment thereto, shall be subject to approval by the Board of Trustees and, once approved, shall be made a part of this Code with the same force and effect as all other laws of the Incorporated Village of Sea Cliff.[1]
[1]
Editor's Note: See Ch. A145, Rules and Regulations of the Planning Board.
[Added 12-10-2018 by L.L. No. 7-2018]
All proposed site plans shall include the information contained in Village Code § 145-8, unless any such element is waived by the Planning Board.