Village of Northport, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Northport as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Board of Architectural and Historic Review — See Ch.
13 and A311.
Building construction — See Ch. 106.
Environmental quality review — See Ch. 138.
Flood damage prevention — See Ch. 159.
Grading and filling — See Ch. 173.
Exterior lighting — See Ch. 191.
Planning Board — See Ch. 219.
Excavation and construction of streets and sidewalks — See Ch. 256, Art. II.
Trees — See Ch. 277.
Diversion of watercourses — See Ch. 299.
Zoning — See Ch. 306.
Subdivision regulations — See Ch. A312.
[Adopted 8-17-1999 by L.L. No. 12-1999; amended in its entirety 11-6-2006 by L.L. No. 10-2006[1]]
[1]
Editor's Note: This local law also provided that all nonresidential property now in existence which conformed to ordinances and laws in effect at the time of its development and which does not conform to the newly amended requirements for landscaping and storage screening of chapter 247, Site Plan, § 247-6E through G shall be brought in conformity hereto upon any change of use of the subject property that has an increased parking requirement, but no later than five years from the effective date of this local law regardless of whether there has been a change of use, unless a waiver or extension has been granted by the Planning Board pursuant to the conditions specified under § 219-19. All nonresidential property now in existence which conformed to ordinances and laws in effect at the time of its development and which does not conform to the newly amended requirements for access and parking of Chapter 247, Site Plan, § 247-6C and D shall be brought in conformity hereto no later than five years from the effective date of this local law unless a waiver or extension has been granted by the Planning Board pursuant to the conditions specified under § 219-19.
These regulations are established to provide for the orderly growth and coordinated development of the business and commercial areas of the Village of Northport, pursuant to the provisions of Chapter 219, Planning Board, § 219-18, of the Code of the Village of Northport, so as to assure the health, safety and general welfare of its people, with consideration being given to vehicular and pedestrian traffic; to adequate drainage of surface water, recognizing the topographic and geologic character and natural drainage and the groundwater table; to encourage the preservation of such natural features as trees, woodlands, streams and ponds; to provide adequate utility services, and with desirable standards of subdivision design, so as to provide suitable building sites for the land use permitted by Chapter 306, Zoning.
In considering and acting upon site development plans, the Planning Board shall take into consideration the public health, safety and welfare and the comfort and convenience of the public in general and of the residents of the immediate neighborhood in particular. The Planning Board may prescribe appropriate conditions and safeguards as may be required in order that the result of its action may, to the maximum extent possible, further the expressed intent of Chapter 306, Zoning, of the Village of Northport and Chapter 219, Planning Board, Article IV, of the Code of the Village of Northport and the accomplishment of the following objectives in particular:
A. 
Traffic access.
(1) 
All proposed traffic access and drives are adequate but not excessive in number.
(2) 
Traffic access is adequate in width, grade, alignment and visibility.
(3) 
Traffic access is not located too near street corners or places of public assembly.
(4) 
Access points are spaced and situated to avoid conflict.
(5) 
Traffic flow into and out of access points is controlled and clearly marked.
B. 
Vehicular circulation and parking.
(1) 
Off-street parking and unloading spaces are provided that are adequate in size and quantity.
(2) 
The number of parking and loading spaces provided is sufficient, but not excessive, for the use or use(s) on the site. Opportunities for shared parking are factored into assessments of parking needs.
(3) 
The interior circulation system is adequate to provide safe accessibility to all required off-street parking.
C. 
Landscaping and screening.
(1) 
All existing trees are retained to the maximum extent possible.
(2) 
All parking, service, storage and exposed utility areas are reasonably screened.
(3) 
Parking areas are attractively landscaped and adequately graded.
(4) 
Landscaping enhances the appearance of the property and community, provides shade, and performs such ecological functions as stormwater runoff management and the promotion of biological diversity.
(5) 
Impervious surfaces are minimized.
D. 
Pedestrian access and orientation.
(1) 
Sidewalks with planted buffer strips are provided in all areas where they are appropriate and feasible.
(2) 
Buildings and landscaping provide an attractive, comfortable, safe and convenient pedestrian experience.
(3) 
Newly constructed buildings front the street, when feasible and appropriate.
(4) 
Safe pedestrian pathways are provided to building entrances from the street and from parking areas.
(5) 
Pedestrians have easy and direct access to adjacent commercial sites, when feasible.
E. 
Drainage and utilities.
(1) 
The drainage system and layout proposal will afford an adequate solution to any reasonably anticipated drainage problems.
(2) 
Plans for internal water and sewer systems are adequate.
(3) 
Refuse containment and disposal facilities are adequate for the site.
F. 
Neighboring uses.
(1) 
Outdoor lighting is of such nature, design and arrangement so as to preclude light diffusion or glare onto adjoining properties and streets, and light trespass onto adjacent residential properties.
(2) 
Heating, ventilation and air conditioning systems do not emit unacceptable levels of noise, fumes or odors to adjacent properties.
(3) 
The general health, safety and welfare of the Village and the local community is not negatively affected by the proposed site plan.
(4) 
The proposed site plan will provide development that will have a positive influence on the community.
G. 
Site context.
(1) 
Building footprints are appropriate to the size and shape of the lot.
(2) 
Buildings are suitably situated with respect to setbacks, access, neighboring uses, sightlines, drainage patterns and other site planning considerations.
A. 
Per the requirements of § 219-18, site plan approval from the Planning Board is required for:
(1) 
All new nonresidential property construction or reconstruction, or the construction or reconstruction of residential property for the use of more than three families.
(2) 
Any alterations to and/or expansion of an existing building or property not in residential use.
(3) 
Any change in the number of uses or the type of use(s) of an existing property not in residential use.
(4) 
The conversion of a residential to a non-residential use.
B. 
Submissions for site plan approval shall be made in two phases, preliminary and final review.
(1) 
Preliminary review is required to solicit Planning Board input, identify the issues and concerns the proposal will need to address, and detail the submittal requirements for Final review, including any technical studies that may be required. Submissions for preliminary site plan review are encouraged to be made as early as possible in the development process, but shall contain sufficient information to estimate conformity with the provisions and intent of this article.
(a) 
The Planning Board shall act to approve, approve with modifications or disapprove such preliminary plan within 30 days after the meeting at which preliminary approval is requested by the applicant.
(b) 
Applicants shall be required to notify the owners and occupants of property within a radius of 500 feet of the application site, provided that such property lies within the Incorporated Village of Northport.
[1] 
Such notices shall describe the application for development, redevelopment, expansion or change of use(s). They shall also note that the application will be undergoing preliminary site plan review by the Planning Board, and provide the date of the Planning Board meeting at which such review shall be initiated.
[2] 
Mailing addresses for property owners requiring notification shall be obtained from the Village.
[3] 
Notices to occupants shall be mailed to the addresses of properties identified within the radius area.
[4] 
Notices shall be mailed at least 10 days prior to the first meeting of the Planning Board at which the site plan will be considered.
[5] 
Applicants shall document compliance with this provision and provide such documentation to the Planning Board.
(2) 
Applicants whose preliminary development plans have been approved, or approved with modifications, may submit their projects for final site plan review. Plans submitted for final review will be checked against any modifications or conditions attached to the preliminary approval. Submissions for final site plan approval must be received by the Planning Board at least 10 days prior to the regularly scheduled Planning Board meeting at which they are to be considered.
(3) 
Pursuant to Village Law § 7-725-a, the Planning Board shall conduct a public hearing within 62 days from the day an application for final site plan approval is received.
(a) 
At least 10 days before such hearing the Planning Board shall mail notification of said hearing to the applicant, and to the Suffolk County Planning Commission and to the Clerk of any municipality located within 500 feet of the subject property.
(b) 
At least five days before such hearing, the Planning Board shall give public notice of said hearing in a newspaper of general circulation in the Village. The cost of said publication shall be borne by the applicant, which shall be paid in full prior to publication in accordance with the procedures set forth in Northport Code § 147-4. The failure to pay the required fee shall toll the time period for the scheduling of the public hearing.
(c) 
Within 62 days of the date of public hearing, unless there is mutual consent on an extension by applicant and the Planning Board, the Planning Board shall either approve the site plan, approve the site plan with modifications or disapprove the site plan. The Planning Board's disapproval or approval with modifications shall include written findings upon any element or design of the final site plan which is found contrary to the provisions and/or intent of applicable laws. Said decision shall be filed in the office of the Village Clerk within five business days after it is rendered and a copy mailed to the applicant.
(d) 
At least 10 days before the public hearing for final site plan review, the applicant shall cause notice of said public hearing to be sent in writing to all contiguous property owners as shown on the current assessment rolls of the Village of Northport plus a second distribution of said notice addressed to "Occupants" of said properties. The applicant shall file an affidavit with the Planning Board attesting to the mailing of such notices. "Contiguous property owners" shall be deemed to include all properties contiguous to the subject property, and all properties located within a five-hundred-foot radius of the property boundaries, so long as said owners own property within the corporate limits of the Incorporated Village of Northport. A copy of said notice shall also be addressed to the Town or Village Clerk of neighboring municipalities within 500 feet of the subject property, when applicable, subject to New York State General Municipal Law § 239-nn. Such notice shall be served by mail not less than 10 days or by personal service not less than seven days prior to the date of the hearing, and proof of proper service, in affidavit form, shall be submitted to the Planning Board by the applicant at or prior to the hearing. In addition, the applicant shall post, in a conspicuous portion of the subject property (within 10 feet of the public way) a sign giving notice of the nature of the application, the date of the public hearing and any other pertinent information as may be required by the Code Compliance Director. Said sign shall be erected at least 14 days prior to the public hearing and shall be no smaller than two by two feet.
C. 
Submissions for site plan approval shall include a completed application on a form promulgated by the Planning Board, together with such additional information as is necessary and appropriate to process the application, as detailed here and in § 247-5 below.
D. 
Submissions for final site plan review shall include, as relevant:
(1) 
A metes and bounds description of the subject premises.
(2) 
Any and all restrictive covenants on the subject property.
(3) 
A narrative summary of the project.
(4) 
A locus plan at one inch equals a scale of 100 feet, 200 feet or 400 feet showing the location, names, and present widths of the streets and roads bounding, approaching or within reasonable proximity of the site.
(5) 
A development plan or set of development plans produced to scale by a licensed surveyor, professional engineer, registered architect and/or registered landscape architect illustrating existing and proposed site conditions including boundaries, right(s)-of-way, and easements; structures, parking, loading and access; service and storage; vegetation, landscaping and screening; topography; drainage; and utilities. The site development plan shall be prepared at a scale of one inch equals 40 feet unless another scale is previously requested by the applicant and found suitable by the Planning Board. It shall show existing and proposed topographical lines at two-foot contour intervals, information and location of benchmark(s) used. The plan shall be stamped by the registered land surveyor who performed the instrument boundary survey and who shall certify the accuracy of the locations of the building, setbacks and all other required dimensions, elevations and measurements and shall be signed under the penalties of perjury.
(6) 
Calculations of the percent of building lot coverage and percentage of paved (impervious) area used for parking, loading, and access within the property;
(7) 
Existing and proposed on-site wells, water supply systems, storm drainage systems, sites for enclosed refuse containers and location and capacity of septic systems and estimated amounts of water consumption and sewer discharge;
(8) 
The location, height, size and manner of lighting of existing and proposed signs;
(9) 
A schedule of completion for the proposed development project. The schedule of completion shall be deemed a part of the site development plan and shall be subject to the approval, approval with modifications or disapproval of the Planning Board.
(10) 
Demonstration of having obtained, as required, approval of the Board of Architectural and Historic Review of the Village of Northport.
(11) 
Context maps, aerial and ground photographs and other information as may be appropriate for assessing impacts to the surrounding neighborhood.
(12) 
Additional documentation as needed to demonstrate compliance with the site review requirements and standards set forth elsewhere in this article, and with all other applicable municipal ordinances or rules, regulations and laws.
E. 
Submissions for final site plan review must be deemed compete by the Planning Board prior to the holding of a public hearing.
F. 
For applications involving the alteration or redevelopment of a landmark or historic building or other properties subject to review and approval by the Architectural and Historic Review Board, applicants must demonstrate having obtained approval of said Board before a decision on the site plan may be rendered by the Planning Board and, when applicable, any determination is made under the State Environmental Quality Review Act (SEQRA). The status of the subject property as historic or landmark shall be determined by the Architectural and Historic Review Board and shall be established during preliminary site plan review.
A. 
No building permit shall be issued for any structure or action covered by this article until an approved site development plan has been secured by the applicant from the Planning Board and presented to the Code Compliance Director.
B. 
No certificate of occupancy will be issued for any structure or use of land covered by this article unless the structure is completed or the land is developed or used in accordance with an approved site development plan.
There shall be a fee as set forth from time to time by resolution in Chapter 147, Fees, for submission to the Planning Board of a site development plan.
A. 
Submissions for final site plan review shall include, as relevant:
(1) 
A metes and bounds description of the subject premises.
(2) 
Any and all restrictive covenants on the subject property.
(3) 
A narrative summary of the project.
(4) 
A locus plan at a scale of one inch equals 100 feet, 200 feet or 400 feet showing the location, names, and present widths of the streets and roads bounding, approaching or within reasonable proximity of the site.
(5) 
A development plan or set of development plans produced to scale by a licensed surveyor, professional engineer, registered architect and/or registered landscape architect providing the information set forth below in § 247-5B. The site development plan shall be prepared at a scale of 1" - 40' unless another scale is previously requested by the applicant and found suitable by the Planning Board. It shall show existing and proposed topographical lines at two-foot contour intervals, information and location of benchmark(s) used. The plan shall be stamped by the registered land surveyor who performed the instrument boundary survey and who shall certify the accuracy of the locations of the building, setbacks and all other required dimensions, elevations and measurements and shall be signed under the penalties of perjury.
(6) 
Calculations of the percent of building lot coverage and percentage of paved (impervious) area used for parking, loading, and access within the property;
(7) 
Context maps, aerial and ground photographs and other information as may be appropriate for assessing impacts to adjacent properties and the surrounding neighborhood.
(8) 
A schedule of completion for the proposed development project. The schedule of completion shall be deemed a part of the site development plan and shall be subject to the approval, approval with modifications or disapproval of the Planning.
(9) 
Demonstration of having obtained, as required, approval of the Board of Architectural and Historic Review of the Village of Northport.
(10) 
Additional documentation as needed to demonstrate compliance with the site review requirements and standards set forth elsewhere in this article, and with all other applicable municipal ordinances or rules, regulations and laws.
B. 
The site development plans shall show the following information:
(1) 
Name and address of owner of record.
(2) 
Lot, block and section number of the property taken from the Real Property Tax Map for the Incorporated Village of Northport.
(3) 
General boundary lines, bearings, distances, area of parcel and a tie distance to an established street intersection.
(4) 
Name of organization for which the building will be used and the proposed use(s).
(5) 
Names of abutting property owners and abutting filed maps.
(6) 
Name of professional engineer, land surveyor, registered architect or registered landscape architect who prepared the plans.
(7) 
Names of all abutting streets and whether said streets are village, town, county or state highways, and right-of-way widths.
(8) 
Date, North point and scale.
(9) 
Zoning of site and abutting properties.
(10) 
All existing topographical features presently on the site, such as curbs, sidewalks, buildings, drainage facilities, watercourses and utilities, both above and below grade, etc., including the existing edge of pavement, the opposite side of any existing roads which face the property, existing woodland, hedgerows, individual trees larger than six inches in caliper and other natural features.
(11) 
Key map at a scale of one inch equals 400 feet unless an alternative scale is agreed to by the Planning Board.
(12) 
Contours or spot elevations in United States Geological Survey datum, the existing grades and proposed grades in sufficient numbers to show the depths and limits of all cuts and fills and the first floor elevation of the structure. Proposed elevations of drainage inlets and detail of construction shall also be provided on the site plan.
(13) 
The location and outlines of proposed buildings or structural improvements, noting the placement of windows and doors; heating, ventilation and air conditioning units and exhaust; service and storage areas.
(14) 
The location and design of all uses not requiring structures, such as off-street parking and loading areas.
(15) 
Proposed on- and off-site drainage facilities and computations to support the drainage design.
(16) 
Proposed water supply and sewage disposal facilities and data on estimated usage and system capacity.
(17) 
Proposed solid waste storage areas and computations to demonstrate adequate capacity.
(18) 
Log of soil test holes.
(19) 
On-site lighting.
(20) 
The location, height, size and manner of lighting of existing and proposed signs.
(21) 
The location and type of landscape improvements including any walkways, retaining walls, fences, paths, terraces, patios or decks, site furniture, plantings and/or tree removal etc., along with information on the materials to be used.
Site development plans shall demonstrate compliance with the following requirements:
A. 
Soils and drainage.
(1) 
Test holes of the subsoil shall be made at reasonable frequency and to a depth to accurately determine the subsoil materials and conditions. Test holes shall be inspected by the Village Engineer.
(2) 
All applicants shall submit a stormwater pollution prevention plan (SWPPP) describing:
(a) 
Erosion and sediment control measures to be conducted during construction. Methods may include, but are not limited to, hay bales, swales, berms, contour modification, landscaping, silt fences and drywells.
(b) 
Postconstruction storm water controls that will be installed to manage and minimize the discharge of contaminants. These may include, but are not limited to, swales, berms, contour modification, landscaping, artificial wetlands, detention, retention and infiltration basins and drywells.
(c) 
Plans and specifications for the operation and maintenance of the proposed stormwater management and pollution controls.
(3) 
Applicants for projects that will disturb one or more acres of soil where stormwater discharging from the site can enter a surface water body shall obtain a General SPDES Permit GP-02-01 from the NYSDEC and provide evidence of compliance to the Planning Board.
(4) 
Stormwater management practices, and erosion and sediment control measures, shall be designed and constructed in accordance with the standards set forth in the following technical documents, or their equivalents as demonstrated by a licensed professional:
(a) 
The New York State Stormwater Management Design Manual (New York State Department of Environmental Conservation, most current version or its successor).
(b) 
New York Standards and Specifications for Erosion and Sediment Control, (Empire State Chapter of the Soil and Water Conservation Society, 2004, most current version or its successor).
(5) 
Drainage plans and calculations for the postconstruction period must demonstrate full containment on site of stormwater runoff from a minimum four-inch design storm. Additional stormwater storage shall be required by the Village Engineer if site conditions allow.
(6) 
Drainage improvements to existing roadways shall be provided as required by the Village Engineer.
(7) 
Stormwater runoff best management practices shall be employed to minimize pollutants in stormwater runoff prior to discharge into a separate storm drainage system or water body. When the proposed discharge is likely to yield high levels of pollutants, such as oil and grit from automotive uses, the Planning Board may impose additional requirements for runoff management.
(8) 
Where existing site conditions do not control erosion and contain stormwater, the Planning Board may impose requirements for corrective site work.
(9) 
The property owner shall be liable to maintain all stormwater management and erosion control systems as designed, in accordance with the operation and maintenance plan provided under § 247-6A(2)(c), above. The Village shall be permitted such access as needed to routine checks for compliance.
(10) 
The Planning Board may waive or modify these requirements, except where such a waiver would conflict with NYSDEC requirements, where the site contains slopes exceeding 15%, or where the application entails the creation of new impervious areas in excess of 500 square feet.
B. 
Sanitary system. Suffolk County Department of Health approval of the proposed sewage disposal system must be obtained by the applicant prior to approval of the Planning Board.
C. 
Access.
(1) 
If the site is located on a county or state road, approval of that jurisdiction must be obtained by the applicant prior to approval by the Planning Board.
(2) 
Access curb cuts shall:
(a) 
Have a minimum length of 12 feet;
(b) 
Have a maximum length of 25 feet, except with special exception by the Planning Board;
(c) 
Be a minimum of five feet from any property line and 50 feet from a corner;
(d) 
Have a minimum distance of 40 feet from the nearest access point on the same side of the road.
(3) 
Sites with less than 200 feet of road frontage on any single street are limited to one access curb cut on that street. Sites with 200 or more feet of road frontage on any single street are limited to are limited to two curb cuts on that street.
(4) 
All commercial, industrial and institutional uses shall be required to provide curbs, sidewalks, street trees and, if necessary, pavement widening.
(a) 
Sidewalks shall be designed to coordinate with the nearest existing segments of established sidewalk, so long as such existing segments are approved by the Planning Board as an adequate standard.
(b) 
If feasible, and not in conflict with § 247-6C(4)(a) above, sidewalks shall have a minimum pavement width of four feet.
(c) 
If feasible, a planted buffer strip at least 30 inches wide shall separate the sidewalk from the public roadway or street.
(d) 
Street trees shall be selected for their efficiency at providing shade and for their ability to tolerate road salt. They shall have a mature height of at least 35 feet. At planting, the trunks of street trees shall have a minimum caliper of two inches at a measurement taken six inches above grade.
(e) 
Street trees shall be planted at a maximum interval of 30 feet. The location of overhead utility wires shall be considered in their selection and placement.
(5) 
Access into sites located at an intersection shall have directional restrictions (i.e., right in/ right out only) as may be required by the Planning Board.
(6) 
Where feasible, vehicular access shall be designed in a manner that permits all vehicles to exit the site without backing out into any public street.
(7) 
Where feasible, a system of joint use driveways and/or cross access easements shall be established to minimize access point congestion and facilitate circulation. When such features are present, the site shall incorporate design elements to make site users aware of cross access opportunities.
(8) 
Provision for safe and convenient pedestrian access shall be incorporated into plans for new or reconstruction of buildings and parking areas.
(a) 
New construction shall be oriented to face the street, with front doors opening onto a public sidewalk or entrance court.
(b) 
Walkways from the sidewalk and from the parking area to the building entrance(s) shall be provided and delineated through either a change in grade and/or material from the surfacing of the parking area.
(c) 
Pedestrian walkways shall be constructed continually across all driveways.
(d) 
Where feasible and appropriate, pedestrian access shall be enhanced through the provision of shade trees, covered walks, porches, porticoes and the like.
(9) 
Sidewalks, walkways and building entrances shall meet the requirements of the federal Americans with Disabilities Act.
D. 
Parking.
(1) 
All parking fields shall be curbed, paved and striped.
(2) 
Parking field design shall be as follows:
(a) 
Ninety-degree parking:
[1] 
Parking spaces of 10 feet by 20 feet.
[2] 
Aisle width of 24 feet.
(b) 
Sixty-degree parking:
[1] 
Parking spaces of 10 feet by 22 feet.
[2] 
Aisle width of 18 feet.
(c) 
Thirty-degree parking:
[1] 
Parking spaces of 10 feet by 20 feet.
[2] 
Aisle width of 15 feet.
(d) 
Zero-degree (parallel) parking:
[1] 
Parking spaces of 9 1/2 feet by 23 feet.
[2] 
Aisle width of 12 feet.
(3) 
Loading spaces shall have minimum dimensions of 12 feet by 35 feet and 14 feet of vertical clearance.
(4) 
No parking area shall be located within five feet of a lot line or within 10 feet of a residential district line. (When ninety-degree parking is planned, curbs must be set back seven feet from a lot line or 12 feet from a residential district line.)
(5) 
All parking stall lines shall be painted with approved traffic paint in accordance with the approved plan.
(6) 
Directional signs shall be provided for parking fields and shall be shown on the plans.
(7) 
Four-inch painted lines are required for all parking spaces.
(8) 
All internal vehicle circulation aisles shall have a minimum inside turning radius of 13 feet.
(9) 
Off-street parking shall be provided and maintained in connection with the use, substantial change in use or increase in intensity of use of all buildings or structures on the site, such spaces to be provided in the amounts prescribed in Chapter 306, Zoning. For uses where parking requirements are not specified in Chapter 306, the minimum number of parking spaces required shall be comparable to the closest other similar use as determined or as may be otherwise required by the Planning. Applicants may be required to submit a parking study.
(10) 
Parking requirements may be adjusted by the Planning Board under the following circumstances:
(a) 
Access to the site is shared with an adjacent use that provides parking through a shared driveway or cross access, as specified in § 247-6C(7), above. Such cross access provisions shall permit a reduction of 10% in the required number of parking spaces.
(b) 
Parking for the subject property is shared with other uses either on or off site, with no parking space farther than 300 feet from the entrance to subject property. Such shared parking arrangement shall permit a reduction of 30% in the required number of parking spaces, when:
[1] 
A reciprocal written agreement is executed by all the parties concerned that assures the perpetual joint use of such common parking. The agreement must be approved by the Village attorney and filed with the Village and County Clerks. It must note any other reciprocal agreements on parking that are binding on the properties, as well as any relevant variances or other parking reductions, including application of the ten percent reduction allowed for joint or cross access under § 247-6D(10)(a) above.
[2] 
All parking spaces subject to such reciprocal agreement are located within the boundaries of the Incorporated Village of Northport.
[3] 
No use subject to a reciprocal agreement on shared parking shares more than thirty percent of its required parking spaces.
[4] 
Adequate pedestrian access is provided from any shared parking that is off site.
[5] 
The applicant demonstrates the feasibility of a shared parking arrangement through a parking study, with information that includes but is not limited to the hours of operation and parking demand for each use, a site plan displaying shared use spaces in the lot and walking distance to the uses sharing the lot, and an estimate of anticipated turnover in parking space use over the course of 12 to 24 hours at the site.
(11) 
All off-street parking areas shall include one specially designated handicapped accessible parking space for every 25 spaces. Accessible parking spaces shall be 15 feet wide and include three feet of cross hatch. Handicap accessible parking spaces and access aisles shall be level, not exceeding a slope of 2% slope in all directions.
(12) 
All parking areas shall be landscaped around their perimeters with a mixture of groundcover, shrubs and trees.
(13) 
All parking areas shall be landscaped with planted islands, unless applicants demonstrate spatial constraints.
(a) 
Landscaped islands shall be installed at intervals of between seven and 10 adjacent parking spaces, and at the end of parking rows.
(b) 
Where feasible, landscaped medians shall be installed between facing rows of parking.
(c) 
Landscaped islands and medians shall be planted with salt-tolerant shade trees and an under story of groundcovers and/or shrubs. Islands and medians containing trees shall have a minimum width of eight feet.
(d) 
Trees and shrubs shall be situated such that they do not obstruct vehicle sight lines when mature.
(14) 
Landscaping in parking areas shall be designed to support on-site stormwater management.
(a) 
Grading shall encourage stormwater runoff flows to drainage areas.
(b) 
Vegetated islands and medians may be located below grade so that stormwater runoff is directed to and trapped by them. In such cases, they shall be protected where they meet the driving aisles with bollards.
(c) 
Any parking spaces provided in excess of Village requirements shall be surfaced with a pervious paving system such as modular concrete pavers or plastic lattice turf paving.
(d) 
Areas designated for the purpose of snow storage may be surfaced with pervious paving.
(15) 
Where feasible, landscaped berms shall be used to provide an attractive visual screen for parking areas, and to contribute to on-site stormwater management.
(16) 
Provision for safe and convenient pedestrian access shall be incorporated into the design of any parking area and shall be clearly shown on all site plans. This may be accomplished by:
(a) 
Separating walkways from motor vehicle traffic through grade changes (i.e., raised sidewalks) and/or landscaping;
(b) 
Providing pedestrian crossings demarcated with pavement treatments or markings, pedestrian warning signs, and lighting;
(c) 
Providing for cross access pathways, established through easements, onto adjacent commercial sites.
(17) 
When required by the Planning Board, bicycle parking shall be provided.
(18) 
Newly constructed parking areas shall be located to the rear and sides of the main building on the site, and shall not be located between the building and the principal street.
E. 
Landscaping.
(1) 
A landscaping plan shall be submitted. Said plan shall be prepared by a registered landscape architect when landscape construction is proposed. Planting plans may be prepared by a registered landscape architect, or certified landscape designer or master gardener.
(2) 
The landscape plan shall show existing woodland, hedgerows and individual trees larger than six inches in caliper.
(3) 
The planting should be of significant quality and quantity to provide a pleasing appearance as well as a natural screen for adjacent properties.
(4) 
Street trees of a minimum of two inches in diameter when measured six inches above grade are required to be planted at a maximum interval of 30 feet, when not already present.
(5) 
Buffer areas.
(a) 
When buffer screening is required, it shall:
[1] 
Be a minimum of 10 feet wide;
[2] 
Consist of a diverse mixture of plant material, with a minimum 2/3 being evergreen;
[3] 
Include plants of varying heights at maturity, including both low and tall shrubs and/or trees. These shall be planted so that lower shrubs provide a screen for tree trunks or the bare branches of taller shrubs;
[4] 
Be installed at a height, density and depth that provides for the desired effect to be achieved within three to five growing years' time;
[5] 
Include a six-foot tall fence, of a design to be approved by the Planning Board in conjunction with the applicant. The owner of the adjacent property shall be consulted in the choice of fencing material and design.
(b) 
Buffer areas may be irregular in shape, in as much as the minimum required width is maintained at all points. They may also be bermed. If a berm is created for the base of buffer plantings, the height of the fence used may be reduced accordingly.
(6) 
Plantings are required at the base of all freestanding signs.
(a) 
The planting bed shall extend a minimum of two feet beyond the sign in all directions.
(b) 
The planting mix shall include coniferous or evergreen groundcovers and/or shrubs.
(7) 
Landscape plantings should feature a variety of types and layers, including a ground layer, shrub layer and tree layer.
(8) 
The use of known invasive plant species, that have the potential to cause environmental damage through excessive proliferation, is prohibited.
(9) 
Applicants whose sites are severely constrained and cannot provide adequate landscaping, buffers or parking area landscaping as stipulated elsewhere in this article shall provide such landscaping and site enhancements to the extent practicable through:
(a) 
Plantings in window boxes, pots and containers;
(b) 
Trellised plantings on building facades, roofs, and fences;
(c) 
Decorative paving material;
(d) 
Decorative fencing and/or retaining walls.
(10) 
All landscaping as shown on the approved site plan shall be maintained in a healthy growing condition throughout the duration of the use or uses being served. Any plants not so maintained shall be replaced by the property owner with healthy new plants of comparable size, type and quality at the beginning of the next growing season. Seasonal and container plantings approved per § 247-6E(9), above, shall be restored, renewed or replaced at the beginning of each growing season throughout the duration of the use or use(s) being served.
(11) 
Landscape design shall relate to the site's architecture and to the landscape in its immediate vicinity. Diverse, nonlinear, naturalistic plantings are required in areas backed by existing woodland and are encouraged elsewhere.
(12) 
Required landscaped areas shall be permanently maintained to preserve plant heath and consistency with the approved landscape and planting plans. Such maintenance shall include watering, weeding, pruning, and replacement of plant materials and irrigation equipment as needed. Failure to maintain landscaping is a violation of this code. Examples of failed maintenance include, but are not limited to:
(a) 
Allowing trees, shrubs, ground covers, and/or turf areas to wither or die in sufficient degree as to make the property appear unsightly;
(b) 
Improperly pruning or thinning trees so that their function in providing shade and screening is substantially impaired;
(c) 
Allowing weeds to grow and infiltrate to such an extent that the intended ground cover plantings are obscured, and/or the landscaped area appears unsightly;
(d) 
Failure to replant areas intended for annual bedding plants;
(e) 
Failure to provide and maintain such container plantings as may be required under § 247-6E(9).
(13) 
The following landscaping practices and/or features are encouraged:
(a) 
Low-maintenance plantings;
(b) 
Landscaping to prevent soil erosion and support stormwater management;
(c) 
Use of native plant species;
(d) 
Use of flowering trees and plants;
(e) 
Use of decorative paving materials;
(f) 
Installation of site furniture and amenities, including, but not limited to, seating, trash barrels, planters, arbors, pergolas, trellises, window boxes fountains, lighting fixtures, etc.;
(g) 
Outdoor art installations; and
(h) 
Distinctive landscaping treatments on properties situated at a gateway area to the Village, defined as at an intersection on Route 25A with Main Street, Laurel Avenue, Church Street, or Woodbine Avenue.
F. 
Screening and storage.
(1) 
Site plans shall show the location of all exposed storage areas, machinery, garbage dumpsters, and utility buildings and structures. These shall be screened from the view of abutting properties and streets using enclosures, plantings, fences and other methods as appropriate.
(2) 
Documentation shall be provided with the site plan submission to demonstrate that solid waste storage is sized sufficiently for the use(s).
G. 
Lighting.
(1) 
If on-site lighting is proposed by the applicant or required by the Planning Board, it will be necessary to include a lighting plan in each site development review submission package. This plan shall show the parcel to be developed and adjacent land within 50 feet of its boundaries, and provide information on the location, height, lumen rating and arrangement of all exterior luminaires. The lighting plan shall also provide calculations for the average maintained illumination level and the average-to-minimum uniformity ratio.
(2) 
Lighting plans shall be accompanied by illustrations and manufacturer's specifications for all proposed luminaires.
(3) 
The lighting plan shall conform to all requirements of Chapter 191, Exterior Lighting.
H. 
Retaining walls.
(1) 
Where retaining walls are required by reason of plot grading or terrain, they shall be designed by a licensed professional engineer and approved by the Village Engineer prior to construction.
(2) 
The design of, and materials used in, retaining walls shall also be subject to review and approval by the Architectural and Historic Review Board.
(3) 
Slopes above retaining walls shall be planted with groundcovers and other perennials as appropriate to promote stability.
Unless construction is commenced and diligently pursued within 12 months of the date of approval of a site plan, such approval shall become null and void. Resubmission of a site plan, with or without modification, will necessitate fees and processing as a new application. The fact of previous approval does not assure approval of the resubmitted site plan. A resubmitted site plan must be considered in light of conditions and factors as they exist at the time of resubmission.
A. 
A violation of this article shall be punishable by a fine of not to exceed $250, imprisonment for a term not to exceed 15 days, or both such fine and imprisonment, for each offense, and each day a violation continues shall be a separate offense.
B. 
The Building Inspector or any other enforcement officer of the Village of Northport may place a stop-work-order on any violation discovered during the construction/ building process. The Building Inspector or any other enforcement officer of the Village may at any time refuse to issue, or revoke, a certificate of occupancy for the building or other improvements constructed or being constructed on the site in violation of this article until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein.