A.
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]
B.
The Village Board shall designate a member of the
Board as Chairman, to serve for the term of one year.
C.
The Planning Board shall hereafter be referred to
as the "Board" in this article.
A.
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.
B.
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.
C.
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.
A.
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]
(1)
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.
B.
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.
C.
Required data.
(1)
With the application for a site plan there shall be
submitted the following:
(a)
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.
(b)
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.
(c)
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.
(2)
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.
(3)
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[1]]
D.
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.
E.
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]
F.
Such notice shall contain the following information:
(1)
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.
(2)
The nature of the application, the purpose and intended
use of the property.
(3)
The name or names of the applicants and the name of
the owner of record, if not the applicant.
(4)
The date, time and place the public hearing is to
be held.
G.
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.
H.
At least one week before the date of the scheduled
public hearing, the applicant shall file with the Planning Board the
following:
(1)
A copy of the notice sent to the required property
owners.
(2)
A list of the names and addresses to whom the notice
was mailed.
(3)
Affidavits of mailing of the aforesaid notice.
(4)
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.
A.
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.
B.
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.[1]
C.
In the event that the Board shall disapprove the site
plan, it shall be submitted to the Village Board for final consideration
and disposition.
D.
Change of zone or use district.
(1)
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.
(2)
The application shall then be submitted to the Village
Board for final consideration and appropriate action.
A.
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.[1] 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]
B.
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:
A.
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]
B.
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.
