Village of Sagaponack, NY
Suffolk County
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Table of Contents
Table of Contents
Until a planning board is created pursuant to Village Law § 7-718, the Village Board shall act as the Planning Board.
[1]
Editor's Note: The Planning Board was abolished 12-20-2011 by L.L. No. 14-2011. See § 245-71.
Site plan review shall be required for the following:
A. 
Any application for a building permit for any building, structure or improvement on any lot, parcel or piece of land with an area equal to or greater than five acres, excepting any agricultural building or other structure less than 300 square feet.
B. 
Any grading, clearing, cutting, filling, excavating or tree removal on any lot, parcel or piece of land where the area of the grading, clearing, cutting, filling, excavating or tree removal equals or exceeds 2,000 square feet and is not directly an element of construction of a single-family residence for which a permit has been issued incident to which any aforesaid proposed activity was clearly and completely disclosed on the site plan filed with the Building Inspector.
C. 
Any erection, construction, alteration, demolition, moving or alteration of any building, structure or improvement where the use is either nonconforming, permitted by special exception or other than single-family residential, excepting any interior renovation that does not change or intensify the use or increase occupancy.
D. 
Any change of use of any nonconforming use and special exception application.
E. 
All signs, including for all nonresidential uses and all nonconforming uses, excluding residential real estate signs, and residential nameplate signs not exceeding two square feet.
F. 
Any excavation or fill consisting of any material that changes the natural grade. Notwithstanding any other provision herein, site plan review shall not be required for placement of fill incident to a lawful excavation of a foundation and consisting of 600 cubic yards or less, provided the placement complies in all respects with the requirements of § 245-66C.
[Amended 2-18-2014 by L.L. No. 6-2014]
G. 
Any new construction of or additions to any building or structure on any lot bounded by tidal waters (hereinafter waterfront lot) and/or any area, if any, of any lot within 400 feet landward of the landward edge of the Coastal Erosion Hazard Area Map limit line as said erosion hazard area limit line is defined in Village Code § 42-5 (hereinafter adjacent area), except site plan review is not required for interior alterations within any said area.
[Added 5-10-2010 by L.L. No. 1-2010; amended 12-17-2012 by L.L. No. 6-2012]
A. 
Agricultural reserves, preserved land and open space. On any parcel subject to any commitment limiting further development by reason of a sale of development rights, imposition of a conservation or similar easement, preserved as open space or participating in any similar program or used for agriculture, any site plan approval for the construction of agricultural buildings, structures and improvements shall require a maximum preservation of open space, the least possible disturbance of the prime agricultural soil, and maximum maintenance of unencumbered public vistas that still allow for efficient farming practice and, in all events, shall limit any such construction to buildings, structures and improvements that are of a true agricultural nature, are used solely for agricultural purposes, and are necessarily accessory to the principal agricultural use.
B. 
Waterfront lots and adjacent area.
[Added 12-17-2012 by L.L. No. 6-2012]
(1) 
All new or replacement buildings and structures including both principal and accessory structures shall be set back no less than 125 feet from the crest of any and all ocean beach dunes.
(2) 
To the extent necessary the yard setback relief enabled under § 245-41 is authorized.
(3) 
Any and all applications for a building permit on a waterfront lot or within the aforesaid adjacent area shall include native revegetation and restoration measurers sufficient to meet the standards set forth below:
(a) 
The limits of site disturbance shall be identified.
(b) 
The applicant for a permit shall have the proposed building and/or structure and the areas to be disturbed staked by a licensed surveyor in accordance with the survey. In addition, stakes shall be installed marking the perimeter of the area to be disturbed.
(c) 
Each application for development shall include a revegetation and restoration plan which utilizes native vegetation.
(d) 
Revegetation and restoration shall to the maximum extent possible result in the reestablishment of the native vegetation which existed prior to site disturbance.
C. 
Placement of excavated fill. Where site plan review is required under § 245-65, placement of such fill shall be prohibited if it shall cause adverse changes to existing surface water runoff patterns or any change in the topography of the site unnecessary to the reasonable development of the site or any change in the topography enabling the development of a site with a topography different from contiguous or nearby parcels.
[Added 2-18-2014 by L.L. No. 6-2014]
The Planning Board[1], to the maximum extent possible, shall seek to accomplish the following objectives in reviewing site plans. Nothing herein shall preclude the Planning Board from requiring neighboring properties to participate in the construction of joint or shared improvements for access or drainage, provided that a problem has been identified which can be mitigated only by joint action and an implementation plan has been formulated to institute said mitigation.
A. 
Traffic access. All proposed traffic accessways are adequate in number, width, grade, alignment and visibility, are located in proper relationship with intersections, pedestrian crossings and places of public assembly and are in conformance with overall traffic safety considerations.
B. 
Interior circulation and parking. Adequate off-street parking and loading spaces are provided to satisfy the parking needs of the proposed uses on site and the interior circulation system is adequate to provide convenient access to such spaces consistent with pedestrian safety.
C. 
Landscaping and screening. All landscaping of the site shall be in keeping with the character generally prevailing in the neighborhood and shall, wherever possible, not obstruct open space view or scenic corridors in order to maintain the character of the Village.
D. 
Natural features. Due regard shall be paid to all natural features on and adjacent to the site, including but not limited to water bodies, drainage courses, wetlands, marshes, dunes, bluffs, beaches, escarpments, agricultural lands, woodlands, large trees, unique plant and wildlife habitat and flood hazard areas.
E. 
Cultural features. Due regard shall be paid to all cultural features on and adjacent to the site, including but not limited to archaeological and paleontological remains, old trails, historic buildings and sites and agricultural fields.
F. 
Lighting. All outdoor lighting is of such nature and so arranged as to preclude the projection of direct light and glare to the sky and onto adjoining properties and streets.
G. 
Drainage. The drainage system and layout proposal will afford an adequate solution to any drainage problems.
H. 
Public utilities. The plans for water supply and sewage disposal are adequate.
I. 
Public address or sound system. Any sound or public address system shall be such that no sound from a system shall be audible on adjoining properties or on any adjacent street.
J. 
Physically challenged access. The plan and building design shall accommodate the needs of the physically challenged and be in conformance with the state and federal standards for design and construction concerning the physically challenged, including but not limited to handicapped parking requirements.
K. 
Energy conservation. The site plan and building design shall maximize the conservation of energy.
L. 
Architecture. Wherever possible, architecture shall comply with the purposes and intent of this chapter and shall be compatible with the surrounding area in scale, style and material.
M. 
Agricultural Overlay District. In considering site plan applications for all buildings or other structures that are to be situated on a lot equal to or greater than five acres and located within the Agricultural Overlay District, the Planning Board[2] shall use the following factors to determine the most suitable location of the buildings or other structures for the current and future development of the property and the most suitable area for future farmland preservation:
(1) 
Development areas shall be located on the portion of the lot where impacts on the loss of prime agricultural soils are minimized.
(2) 
Development areas shall be located on the portion of the lot where impacts on views and vistas of the farmland areas from public rights-of-way are minimized.
(3) 
Farmland areas shall be located on the portion of the lot to encourage continuity of farmland and farming operations on the lot and adjoining properties.
(4) 
Development and farmland areas shall be located to minimize impacts on the future subdivision of the lot in accordance with open space requirements.
[Amended 1-14-2008 by L.L. No. 2-2008]
[2]
Editor's Note: The Planning Board was abolished 12-20-2011 by L.L. No. 14-2011. See § 245-71.
[1]
Editor's Note: The Planning Board was abolished 12-20-2011 by L.L. No. 14-2011. See § 245-71.
A. 
Submission. A complete site plan application shall consist of:
(1) 
A completed site plan application form.
(2) 
A site plan review fee.
(3) 
An environmental assessment form, Part 1, where required by Chapter 64, Environmental Quality Review, of the Village Code.
(4) 
A site plan.
B. 
Fee. The site plan review fee is based on the area of the site required to be improved, including any and all areas required to be altered, excluding the area of any existing or proposed buildings.
(1) 
A fee schedule shall be established, and changed as needed, by resolution of the Village Board. A copy of the fee schedule is on file with the Village Clerk's office.
(2) 
In addition to the above required fee, the Planning Board may require the payment of out-of-pocket expenses incurred by the Village in studies and/or by retainer of expert advisors related to the hearing, review and determination of an application. To impose such additional fee, the Planning Board must provide the applicant with written notice of its intent to conduct such studies and/or retain expert advisors. Said notice shall describe the need, scope and cost estimate of the work to be completed.
(3) 
The Planning Board shall have the authority to modify or waive the site plan review fee in whole or in part where such application demonstrates, in the Planning Board's judgment, a substantial public benefit. To modify or waive such fee, the Planning Board must adopt a resolution, by a vote of a majority plus one, stating its findings.
C. 
Site plan. The applicant shall cause a site plan map at a minimum scale of one inch equals 40 feet to be prepared by an architect, landscape architect, civil engineer or surveyor. The site plan shall include those of the elements listed herein which are appropriate to the proposed development or uses as indicated by the Planning Board in a presubmission conference. This following information, in total, shall constitute the site plan:
(1) 
Legal data.
(a) 
The name and address of the owner of record.
(b) 
The name and address of the person, firm or organization preparing the map, sealed with the applicable New York State license seal and signature.
(c) 
The date, North arrow and written and graphic scale.
(d) 
A property description prepared by a licensed surveyor or civil engineer. The site plan may reference a land surveyor's map or base reference map. All distances shall be in feet and hundredths 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.
(e) 
The locations, names and existing widths of adjacent streets and curblines.
(f) 
The location and owners of all adjoining lands and those lands directly across the street as shown on the latest tax records.
(g) 
The location, width and purpose of all existing and proposed easements, setbacks, reservations and areas dedicated to the public use within or adjoining the property.
(h) 
A complete outline of existing easements, deed restrictions or covenants applying to the property.
(2) 
Natural features.
(a) 
Existing contours with intervals of two feet or less referred to in a datum satisfactory to the Planning Board. In addition, spot elevations will be required where contour elevations are less than two feet on the site.
(b) 
The approximate boundaries of any areas subject to flooding or stormwater overflows.
(c) 
The location of existing natural features in § 245-67 and any other significant existing natural features.
(d) 
The location of any existing cultural features enumerated in § 245-67 and any other significant cultural features.
(3) 
Existing structures and utilities.
(a) 
Outlines of all structures and location of all uses not requiring structures.
(b) 
Paved areas, including parking areas, sidewalks and vehicular access between the site and public streets.
(c) 
Locations, dimensions, grades and flow direction of any existing culverts or waterlines, as well as other underground and aboveground utilities within and adjacent to the property.
(d) 
Other existing development, including fences, landscaping and screening.
(e) 
The location and use of all buildings or other structures within 200 feet of the boundary of the subject property.
(4) 
Proposed development.
(a) 
The location of proposed buildings or other structural improvements, indicating setbacks from all property lines and horizontal distances from existing structures.
(b) 
The location and design of all uses not requiring structures, such as off-street parking and loading areas and pedestrian circulation. Parking calculations shall be shown.
(c) 
The location, direction, power and time of use for any proposed outdoor lighting or public address systems.
(d) 
The location and plans for any outdoor signs which must be in accordance with applicable sign regulations.
(e) 
Except as provided further herein, grading and drainage plans shall be based on a minimum three-inch rainstorm retention; drainage calculations, contours and spot grade elevations are to be shown. In addition, any such plans shall include an identification and evaluation of offsite areas contributing to surface water runoff, the volume from any said contributing area, any known or established patterns of runoff including the capacity of adjacent streets to collect and recharge runoff and detailed plans for retaining so much of all such runoff on the subject site as can reasonably be retained, all of which information shall supplement and be in addition to any plans addressing a three-inch rainstorm retention.
[Amended 2-16-2016 by L.L. No. 2-2016]
(f) 
Proposed landscaping, buffering and street tree plans, including material size, quantity and location and a list of proposed plantings.
(g) 
Proposed location of water and sewer mains, electrical service and cablevision installations, water valves and hydrants and/or any alternate means of water supply and sewage disposal and treatment.
D. 
Notwithstanding any of the provisions of this section, the Planning Board may waive any of the above-listed requirements at its own discretion.
A. 
Presubmission conference. Prior to the submission of a site development plan, the applicant or his agent may meet with the Planning Board.[1] The purpose of such conference shall be to discuss the proposed uses and development in order to determine which of the site development plan elements are to be submitted to the Planning Board in order for the Planning Board to determine conformity with the provisions and intent of this chapter.
[1]
Editor's Note: The Planning Board was abolished 12-20-2011 by L.L. No. 14-2011. See § 245-71.
B. 
Within six months following the presubmission conference, nine copies of the site development plan application and any related information shall be submitted to the Planning Board. Within a reasonable time after receipt of the application, the Planning Board shall determine whether the application is complete. If the Planning Board determines the application to be incomplete, it shall forthwith notify the applicant wherein the application is deficient.
[Amended 2-18-2014 by L.L. No. 3-2014]
C. 
If the Planning Board determines the application to be complete, it shall transmit the application and/or solicit comments and review from the Fire Marshal, the fire department with jurisdiction, the Architectural and Historic Review Board and any other municipal or county agency or district with jurisdiction or potentially affected by the proposed development. The applicant shall be required to provide to the Planning Board, as part of the application, the name and address of the applicable fire department and other municipal agencies or districts with jurisdiction over the subject property or potentially affected by the proposed development. The Fire Marshal, the fire department with jurisdiction, or other municipal agencies or districts with jurisdiction, including agencies under contract to provide ambulance/emergency medical services to the subject property, shall forward their comments to the Planning Board.
[Amended 2-18-2014 by L.L. No. 3-2014]
D. 
If the Planning Board determines that a public hearing on the application is necessary, it shall schedule and hold the same within 62 days of determining the application to be complete. In determining whether or not to hold a public hearing, the Planning Board shall consider the degree of public interest in the application and the extent to which a public hearing can aid the decisionmaking process by providing a mechanism for collection of relevant data. Notice of such hearing shall be made by publication at least 10 days prior to such hearing in the official newspaper of the Village.
[Amended 2-18-2014 by L.L. No. 3-2014]
E. 
Within 62 days of the conclusion of the public hearing or, if none was held, within 62 days of determining the application to be complete, the Planning Board shall determine whether the site development plan application complies with the purposes and specifications of the Zoning Code and shall so inform the Building Inspector and Village Clerk and the applicant, in writing, of its approval, approval with modifications or disapproval. This sixty-two-day period may be extended by the Planning Board upon the consent of the applicant or as may be permitted under the State Environmental Quality Review Act as implemented by the Village Code.
[Amended 2-18-2014 by L.L. No. 3-2014]
F. 
No application shall be deemed complete until either a negative declaration has been made for the application pursuant to the State Environmental Quality Review Act (SEQRA), as implemented by Chapter 64 of the Village Code, or, if a positive declaration is made, until a draft environmental impact statement has been accepted by the Planning Board as satisfactory with respect to scope, content and adequacy. Reasonable time shall be provided for compliance with SEQRA, including the preparation of a final environmental impact statement.
G. 
Amendments to a site development plan shall be acted upon in the same manner as the approval of the original plan. Any applicant who receives site plan approval will be required as a condition of approval to execute an affidavit which states that the applicant will notify the new property owner of the special conditions to the site plan approval in the event that the property is sold.
H. 
An approved site development plan shall be valid for a period of two years from the date of approval. All work proposed on the plan shall be complete within two years from the date of approval unless a longer period was approved or the applicant obtains an extension from the Planning Board.
I. 
No regrading, clearing, tree removal or any other work in preparation for future use of a site may take place until site plan approval or written permission has been received from the Planning Board.
J. 
In the case of a site plan application requiring a zoning variance, the site shall be subject to a preliminary review by the Planning Board prior to action on said application by the ZBA. Building permits issued pursuant to a variance shall be in accordance with conditions established by the ZBA.
K. 
A statement shall be placed on all site plans approved by the Planning Board to the effect that the owner agrees to comply with the plan and all conditions noted thereon. The owner or a bona fide agent responsible for completion of the work shall be required to sign such statement and provide such guaranty before any approved plans will be released by the Planning Board. In the event that the site plan is not signed by the owner or the owner's agent within 90 days of the date of the resolution of the Planning Board approving the plan, the resolution shall be deemed null and void.
L. 
To obtain a building permit, an applicant may submit an undertaking secured by cash or other acceptable surety acceptable to the Planning Board to guarantee performance of required improvements. No certificate of occupancy shall be issued nor any undertaking released until all requirements of site plan approval, including construction of improvements, are completed in a manner satisfactory to the Planning Board.
M. 
Where a site plan application also requires approval by the Planning Board for a special exception use, any building permit which is issued shall be in accordance with both the conditions established for the special exception use as well as for the site plan. Where both special exception use and site plan approval are required, the Planning Board may process the applications concurrently.
N. 
[2]For 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 the stormwater pollution prevention plans chapter of this Code.[3] The approved site plan shall be consistent with the provisions of the Stormwater pollution prevention plans chapter of this Code.
[Added 1-17-2012 by L.L. No. 1-2012]
[2]
Editor's Note: Former Subsection N, regarding site plans for single-family dwellings within the Agricultural Overlay District, was repealed 2-18-2014 by L.L. No. 3-2014; said local law also redesignated former Subsection O as Subsection N.
[3]
Editor's Note: See Ch. 187, Stormwater Management and Erosion and Sediment Control.
Any violation of the approval or conditions, including specific covenants or easements, established by the Planning Board with respect to a specific site plan application shall be deemed a violation of this chapter punishable under the provisions of Article XII.