[Amended 10-5-1993 by L.L. No. 3-1993; 11-5-2001 by L.L. No.
5-2001; 2-15-2022 by L.L. No. 5-2022]
All new land use activities within the Village of North Haven and within the waters bounding the Village of North Haven regulated under Chapter 50, Waterways, of the Village of North Haven Code shall require site plan review under this Article VIII, except the following:
A.
Construction of a single-family residence or accessory structure on land which does not have waterfront; or which is not within 200 feet of any wetland, as that term is defined under 6 NYCRR Part 663 (excluding any area requirement of 12.4 acres) or 6 NYCRR Part 661 (and inclusive of wetlands of any area or size); or which does not contain freshwater, brackish or tidal wetlands, as defined above. Site plan review shall be required for any proposed construction of a single-family residence or accessory structure which is on land with a waterfront or within 200 feet of a wetland as defined above or contains freshwater, brackish or tidal wetlands, except as provided under Subsections B and C below;
B.
Exterior alterations or additions to existing structures which would
not increase the square footage of the existing structure by more
than 10%;
C.
Interior alterations and ordinary maintenance of existing structures;
and/or
D.
Revetments, flood and erosion protection solutions and elevated walkways,
stairways or staircases for the purpose of providing beach and/or
coastal access.
In reviewing the site plan, the Planning Board
shall take into consideration the public health, safety and general
welfare and the comfort and convenience of the public in general,
and of the residents of the immediate neighborhood in particular,
and may suggest such changes and safeguards as, in its opinion, will
further the general purpose and intent of this chapter and be in harmony
therewith.
[Added 10-3-1989 by L.L. No. 6-1989]
A site plan for which approval is sought shall
be dated and shall include at least the following elements, unless
waived by the Planning Board for good cause shown, to be considered
complete:
A.
Property lines, showing directional bearings and distances,
adjacent land ownership and streets, location with reference to identifiable
street intersections, directional arrow, scale and zoning district
in which located.
B.
Existing and proposed buildings, structures and uses,
and proposed additions thereto, including finished floor elevations
and ground elevations at such building, structure and use locations.
C.
The lot area and floor area for each floor of all
existing and proposed buildings, structures and uses.
D.
Dimensions of property line setbacks to and dimensions
between each building, structure and use.
E.
The location of all easements on, over and adjacent
to the site, including the location of all existing and proposed utility
lines, hydrants and fire wells.
F.
The layout of existing and proposed parking and loading
areas, including dimensional spaces, isles and street approaches,
the general circulation pattern with directional movement shown, existing
and proposed curb cuts, traffic safety devices, sidewalks, curbing,
paving, drainage structures and their respective specifications. Methods
used for computing parking and drainage requirements shall be included.
G.
The existing and proposed location of outdoor lighting,
signs, screen plantings and fences.
H.
Existing and proposed sewerage systems.
I.
The existing topography of the site and immediately
adjacent property, as revealed by contours or key elevations as may
be required by the Planning Board, and any proposed regrading of the
site.
J.
Natural features, including but not limited to water
bodies, drainage courses, fresh and salt marshes, coastal dunes, bluffs,
beaches, escarpments, woodlands, large trees, unique plant and wildlife
habitat and overlook areas.
K.
Cultural features, such as paleontological and archaeological
remains, old trails, historic sites and landmarks and agricultural
fields.
[Amended 9-1-1992 by L.L. No. 3-1992]
M.
Elevations of buildings and structures at a scale
sufficient to show:
N.
Site plan approval; stormwater pollution prevention plan. A stormwater pollution prevention plan shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Chapter 67 of this Code. The approved site plan shall be consistent with the provisions of Chapter 67.
[Added 11-3-2010 by L.L. No. 4-2010]
[Amended 10-3-1989 by L.L. No. 6-1989]
In reviewing a site plan submitted to it under
this article, the Planning Board may call upon expert advice and varied
disciplines to assist it in making the determination required of it.
It shall seek to further the overall purposes, goals and intent of
this chapter and of the other applicable provisions of the Village
Code and state law. More particularly, it shall ensure that any development
plan proved hereunder conforms to the following specific standards:
A.
Physical compatibility. The rural, open space environment
of the Village of North Haven shall be fostered by preserving, wherever
possible, large trees and other natural features of the site. Extensive
clearing and grading shall be avoided. Screening with trees or other
plantings may be required for parking or other disturbed areas which
are created. Where necessary or appropriate, a landscaping plan demonstrating
that suitable vegetation will be planted and maintained may be required
by the Planning Board. Such plan, when submitted by the applicant
and approved by the Board, shall become part of the approved site
plan.
B.
Protection of residential areas. Appropriate buffer
landscaping, natural screening and fencing are to be provided in order
to protect neighborhood tranquility, community character and property
values.
C.
Parking. Parking areas and driveways shall be sufficiently drained so as to prevent ponding. All drainage structures, paving, access driveways and parking areas shall be organized and constructed in accordance with the standards for such facilities contained in this chapter or Chapter 146, Subdivision of Land, of this Code. Whenever feasible, parking areas shall be placed at the rear of buildings and/or screened by plantings so as not to be visible from the highway or road.
D.
Access. Vehicular ingress and egress, interior traffic
circulation, parking space arrangement, loading facilities and pedestrian
walkways shall be planned and constructed so as to promote safety
and efficiency.
E.
Lights. Lighting facilities shall be placed and shielded
in such a manner as not to cause direct light to shine on other property
and shall not be permitted to create a hazard upon a street.
F.
Water supply; waste disposal. Provisions for water
supply and for sewerage, garbage and other waste disposal are adequate
to the use, will ensure the health and safety of persons on and off
the site and will not result in the avoidable depletion or degradation
of the groundwater supply or harm surface water bodies, watercourses
or wetlands or other natural features or systems.
G.
Historic landmarks. Designated historic landmarks
shall be preserved, and it shall be ensured that new buildings and
uses within or adjacent to said landmarks and the areas wherein new
buildings are located will be in harmony with the special character,
interest and value of said landmarks.
[Added 9-1-1992 by L.L. No. 3-1992]
[Added 10-3-1989 by L.L. No. 6-1989;
amended 10-4-2011 by L.L. No. 6-2011]
A site plan approval granted in accordance with
the provisions of this chapter shall authorize only the particular
lot layout or configuration depicted on the approved site plan. No
other layout or configuration shall be permitted to be created or
maintained. The site plan approval shall be valid for a period of
one year from the date of its filing with the Village Clerk. The approval
may be extended for two additional six-month periods by resolution
of the Planning Board without the need for a new public notice or
hearing. A continuing use authorized by a site plan approval and undertaken
or begun during the period of validity of such approval shall thereafter
be deemed lawful, as if the same were permitted by this chapter, without
the need for site plan review; provided, however, that all conditions
imposed as a part of the site plan approval shall continue to apply.
[Added 10-3-1989 by L.L. No. 6-1989]
Failure of the lot owner or other person responsible for a project or proposal to apply for and obtain site plan approval or to follow the layout or configuration shown on an improved site plan or failure to comply with any limitation or condition of site plan approval, either during construction or subsequent thereto shall constitute a violation of this chapter, subject to the provisions of Article X.
[Added 11-2-1998 by L.L. No. 5-1998[1]]
Alternate members may be appointed to the Planning
Board by the Mayor for a term of one year. The Chairperson of the
Board may from time to time designate an alternate to substitute for
a member when such member is unable to participate on an application.
All provisions of state law relating to eligibility, vacancy in office,
removal, compatibility, training, compensation and attendance shall
apply to alternate members.
[1]
Editor's Note: This local law, adopted pursuant
to Municipal Home Rule Law § 10 and Statute of Local Governments
§ 10, also provided for the supersession of the provisions
of Village Law §§ 7-718 and 7-712 as same relate to
the appointment of members to the Planning Board and Zoning Board
of Appeals respectively.
[Added 5-1-2007 by L.L. No. 6-2007]
The application fee shall be paid upon submission
of an application in a sum as required under a fee schedule established
by the Board of Trustees, on file at the Village Clerk's Office and
amended by resolution from time to time by the Board of Trustees as
need arises.
