The Village Board shall appoint a Planning Board consisting of five members, for a term not to exceed five years and so appointed that the term of one member of the Board shall expire each year, pursuant to § 7-718 of the Village Law.
[Amended 2-4-1999 by L.L. No. 1-1999]
The Village Board shall designate a member of the Board as Chairman, to serve for the term of one year.
The Planning Board shall hereafter be referred to as the "Board" in this article.
The Board shall adopt such rules and regulations, not inconsistent with the provisions of this chapter, for the operation of its affairs, functions and duties as herein provided and authorized, after a public hearing and subject to the approval of the Village Board, and in accordance with and pursuant to any other law, rule, regulation or code as may hereafter be enacted by the Village Board.
The Board shall keep minutes of its proceedings and records of its public hearings and examinations and other official actions, all of which shall be a public record.
The Village Clerk or the Village Deputy Clerk shall be the Clerk of the Board and shall render and perform such service to the Board as may be required.
In each case where a building, structure, use or alteration thereof is proposed in use districts PRC Residence District (Planned Retirement Community), Article IV; J Business 2 (General Business), Article V; J Business 3 (Commercial Centers), Article VI; and J Business 4 (Professional and Business Offices), Article VII of this chapter, the Building Inspector shall refer the site plan of the proposed building, structure or use or alteration thereof to the Village Planning Board for its review. There shall be submitted with the application for site plan approval a copy of any restrictive covenant running in favor of the village, or if there is no such restrictive covenant, the applicant shall furnish an affidavit to that effect. Such Board shall determine that all of the requirements of this chapter and all other applicable municipal ordinances, rules, regulations and laws have been complied with after holding a public hearing in each case. The Planning Board and the Village Engineer shall review ingress to and egress from all public highways to the premises, subject to the approval of the appropriate municipal agency having jurisdiction of such highways, all drainage facilities, the traffic pattern within the premises, the location and placement of parking spaces, parking areas, loading areas and spaces, curbs, sidewalks and access driveways as may be required under this chapter or by any municipal agency, lights and the placement of street and other required signs on the premises. The Board shall also review the location of structures upon the site as well as height, spaces, open spaces, landscaping, architecture and all other physical features and improvement.
[Amended 12-20-1984 by L.L. No. 7-1984; 2-4-1999 by L.L. No. 1-1999; 4-5-2007 by L.L. No. 4-2007]
In Commercial Zones only to the extent feasible, all construction, either renovation or new construction, shall have an exterior architecture and signs that are colonial in design as determined by the Planning Board.
In any case where the site plan submitted by the applicant indicates that a variance will be required from the Board of Appeals in order to construct or use the premises as shown on said site plan, the applicant shall submit an application to the Board of Appeals simultaneously with the filing of his application for approval of the site plan with the Planning Board. Upon adoption by the Board of Appeals of a resolution granting the application for the variance, said variance shall be deemed to be incorporated in the site plan submitted by the applicant.
With the application for a site plan there shall be submitted the following:
A diagram or survey drawn to scale, showing by courses, metes, bounds and distances the property for which the application is made, all the properties adjacent to and within 200 feet of the perimeter of said property, the name of the owner of each such parcel and the present zone use district classification of each of such parcels.
A statement as to whether or not the property is within 500 feet of the boundary line of any incorporated village, town, county or state road or highway.
A statement as to whether or not the property is located within 200 feet of any public or parochial school, public library, church, synagogue or other place of worship, firehouse, or federal, county, state, town or village building.
The applicant shall comply with such other requirements as provided in the rules and regulations as may from time to time be promulgated by the Board.
No site plan shall be approved nor a building permit issued in PRC Residence District, J Business 2 District, J Business 3 District or J Business 4 District where the application or site plan shall indicate, or upon investigation it shall appear, that the property is located within 200 feet of any public or parochial school, public library, church, synagogue or other place of worship, firehouse, or federal, county, state, town or village building, except by special permit of the Village Board. The 200 feet shall be measured from the perimeter and any boundary line of the entire area of the property for which approval of the site plan and building permit is applied.
[Amended 12-20-1984 by L.L. No. 7-1984]
The Board shall fix a date for a public hearing and give due notice to the applicant and shall cause to be published a notice of the time and place of such hearing 15 days prior to the public hearing, the property involved and the name of the applicant, in the village-designated newspaper.
The applicant shall mail notice of said hearing, radius map and site plan by either certified or registered mail, return receipt requested, to every property owner shown on the current Town of Brookhaven and Village of Lake Grove assessment rolls within the area immediately adjacent and contiguous to or directly opposite thereto for a distance of 200 feet from the perimeter of the property for which the site plan was filed. Such notice shall be mailed at least 10 days before the date of the hearing.
[Amended 3-2-1989 by L.L. No. 2-1989]
Such notice shall contain the following information:
The description of the property by metes and bounds, indicating the street or road it is located upon and the distance to the nearest corner or intersection, street, road or highway.
The nature of the application, the purpose and intended use of the property.
The name or names of the applicants and the name of the owner of record, if not the applicant.
The date, time and place the public hearing is to be held.
In the event that the petitioner or the applicant owns or has an interest, by contract, lease, lien or otherwise, in the property contiguous to the property for which the site plan was filed, such distance of 200 feet as provided in Subsections C(3) and E above shall be measured from the perimeter of such contiguous property. In the event that the applicant is a corporation, the names of the members or officers of such corporation or firm or partnership who may own or have an interest, by contract, lease, lien or otherwise, in the property contiguous to the property involved shall be disclosed pursuant to the applicable provisions of Chapter 79, Disclosure of Information, of the Code of the Village of Lake Grove, and said contiguous property shall be considered as the property from the perimeter of which the distance of 200 feet shall be measured.
At least one week before the date of the scheduled public hearing, the applicant shall file with the Planning Board the following:
A copy of the notice sent to the required property owners.
A list of the names and addresses to whom the notice was mailed.
Affidavits of mailing of the aforesaid notice.
The return receipts for each notice mailed, and if any notice is returned undelivered, such notice in the sealed envelope as returned by the post office.
After the public hearing and in consultation with the Village Engineer, the Board shall approve such site plan, approve it with modifications or shall disapprove it and shall set forth its reasons for the action taken. No building permit shall be issued by the Building Inspector without such approval of the site plan and, in appropriate cases, authorization by special permit from the Village Board, highway work permits issued by the appropriate municipal agency having jurisdiction over the roads or highways adjacent to the subject premises, permit from the Suffolk County Health Department and permit from the New York State Department of Labor, if required.
Performance bond to be filed upon approval of the site plan. The applicant shall file with the Board a surety performance bond in such amount as may be required by the Board, directed to the benefit of the village, to ensure satisfactory completion of all off-site improvements as shall have been required by the Board, including but not limited to roads, sidewalks, drainage and sewerage facilities, curbs, parking areas, landscaping, erection of required signs and such others as required.
In the event that the Board shall disapprove the site plan, it shall be submitted to the Village Board for final consideration and disposition.
Change of zone or use district.
All applications for a change of zone or use district shall first be submitted to and considered by the Board, which, in consultation with the Village Engineer, shall make such recommendation as it shall deem fit. The Board shall approve it, approve it with modification or disapprove it, giving its reasons for such disapproval.
The application shall then be submitted to the Village Board for final consideration and appropriate action.
For each application for site plan approval submitted to the Planning Board under the provisions of this chapter, the filing fee shall be as set forth in the fee schedule of the Village of Lake Grove. In addition, the applicant shall pay to the village an inspection fee of a percentage of the cost of all on-site improvements as estimated by the Engineer for the village, as set forth in the fee schedule of the village. The term "on-site improvements" shall include but not be limited to the installation of drainage facilities, landscaping, the paving of the parking field and the installation of any curbs or sidewalks.
[Amended 12-6-1990 by L.L. No. 5-1990]
Any application for an amendment or change of such site plan after approval shall be accompanied by a fee, to be paid to the Village Clerk, of not less than 1/2 of the original fee paid.
Notwithstanding any provisions of this chapter to the contrary, site plan approval need not be obtained for the addition to a building or structure upon the following conditions:
The addition shall not be more than 20% of the floor area of the existing structure or 1,000 square feet of floor area, whichever is less, and in conjunction with the existing structure, must be in compliance with all zoning requirements, including, but not limited to, use and dimensional requirements and minimum parking standards.
[Amended 7-22-2004 by L.L. No. 4-2004]
Only one addition to a building or structure may be erected without site plan approval as provided in this section. With respect to a second or further addition, site plan approval shall be required as provided in this chapter. This limitation shall apply regardless of whether the applicant or his predecessor in title made application for the building permit for the first addition.
The Board shall study the application of this chapter and shall from time to time recommend to the Village Board such changes in the chapter and in the boundaries of the various districts as it shall deem desirable in the public interest and in conformity and consistent with the Village Master Plan, its intent, aims and purposes.