§ 70-219. Site plan review., Article XXII. General Provisions, Chapter 70. Zoning, Code of Ordinances, North Hempstead

When site plan review required; procedure. No permit shall be issued for a site greater than 25,000 square feet in any zone other than Residence Open Space, Residence AAA, Residence AA, Residence A, Residence B, Residence C, Residence D, or Hospital District until a site plan, as specified in this section, has been approved by the Town Board, if any one or more of the following criteria are met:

[Amended 5-29-2007 by L.L. No. 5-2007; 10-16-2007 by L.L. No. 9-2007]

(1)

The site upon which the work is proposed involves one or more of the following:

(a)

The construction of a new building or structure or addition to an existing structure of greater than 750 square feet of floor area.

(b)

The change in use of an existing building or buildings on a site in a manner which will:

[1]

Increase the number of required off-street parking spaces for the site pursuant to § 70-103 of this chapter by more than 33%; or

[2]

Add at least 10,000 square feet of retail; or

[3]

Add at least 10,000 square feet of public assembly use at the site.

(c)

The alteration of an existing single retail use greater than 20,000 square feet at the site so as to create three or more retail or public assembly uses.

(d)

The alteration of an existing single retail space greater than 20,000 square feet to permit shared occupancy by more than two tenants.

(e)

A change in access to the site or a change in the circulation within the site which affects at least 20% of the paved area.

(2)

Where a permit application is subject to site plan review, the Commissioner of Buildings shall advise the applicant. Unless otherwise waived by the Commissioner of Buildings, the applicant shall obtain all necessary approvals from other boards or commissions prior to site plan submission. Thereafter an application for site plan review, in accordance with the requirements of this section as set forth hereafter, shall be submitted to the Building Department. Before the application is referred to the Town Board, the Commissioner of Buildings shall also refer the application and plans submitted to the Commissioner of Planning and Economic Development, who shall review the plans and provide any recommendations or comments to the Town Board. Following receipt of the reports from the Commissioner of Buildings and the Commissioner of Planning and Economic Development, the Town Board shall schedule a public hearing for site plan review. The Commissioner of Planning and Economic Development shall notify the applicant of the date for the public hearing at which the Town Board will consider the site plan application, and the applicant shall provide notice of such hearing in accordance with Subsection F.

Town Board decision.

(1)

Approval. Upon approval of the site plan, the Town Board shall direct the Commissioner of Planning and Economic Development to stamp and sign three sets of drawings which shall be distributed as follows: one set each to the Commissioner of Buildings and the applicant, and one set to remain with the Planning Department.

(2)

Approval with modifications. The Town Board may conditionally approve the final site plan. A copy of the written statement containing the modifications required by the conditional approval will be prepared by the Commissioner of Planning and Economic Development and sent to the applicant. After adequate demonstration to the Commissioner of Planning and Economic Development that all conditions have been met and modifications, if any, to the site plan have been made, the Commissioner of Planning and Economic Development shall endorse his/her approval on a copy of the site plan and shall provide the applicant and the Town Board with a written statement of approval. Three sets of documents shall be distributed as in § 70-219B(1) above.

[Amended 5-29-2007 by L.L. No. 5-2007]

(3)

Disapproval. Upon disapproval of the site plan, the decision of the Town Board shall be filed with the Commissioner of Buildings, along with the Town Board's reasons for disapproval.

Fees and costs. Fees for site plan review shall be set according to the amounts indicated in the Town of North Hempstead Fee Schedule.

[Amended 4-11-2006 by L.L. No. 5-2006; 5-29-2007 by L.L. No. 5-2007]

Submission requirements and standards. The applicant shall prepare and submit plans and documentation to the Building Department for review and approval at a public hearing by the Town Board. All plans and accompanying documents shall be prepared by the appropriate professional(s) licensed in the State of New York and shall be prepared at a scale sufficient to clearly present the required information for review. The application shall include two complete sets of plans and documents for initial review, and supplemental sets as requested by the Planning and/or Building Department. Upon request by the Planning Department, the applicant shall submit additional full-size and reduced-size sets of documents prior to the public hearing. Unless otherwise waived or modified by both the Commissioner of Buildings and the Commissioner of Planning and Economic Development, each submission shall include, but not be limited to, the following general considerations and format:

[Amended 11-15-2005 by L.L. No. 11-2005; 5-29-2007 by L.L. No. 5-2007]

(1)

A title page which shall include the following:

(a)

A key map at a minimum scale of one inch equals 1,000 feet, showing clearly and accurately the location of the property in relation to the neighboring streets and the location of the nearest bus routes and bus stops, if applicable.

(b)

A zoning/site data analysis in a format acceptable to the Commissioner of Buildings. This analysis shall include zoning district information; permitted and proposed data for all zoning criteria, including, but not limited to, floor areas by use, lot coverage, building height, parking; and the quantities of pervious and impervious surfaces. All zoning calculations shall be based on gross floor area as required in this chapter.

(c)

Names of the appropriate water and sewer districts.

(d)

The name and address of the applicant, and the name and address of the owner of the site, if different from the applicant. If the applicant or owner is a corporation or partnership, the names of all principals shall be included.

(e)

The name(s) and contact information of the professional engineer, land surveyor, architect, landscape architect and/or land planner involved in preparing the plans.

(f)

An area map of the subject site and all properties within a radius of 300 feet of any contiguous property owned by the applicant. The area map shall include all proposed principal and accessory buildings, the names of abutting property owners, as well as section, block, and lot information for all properties within the three-hundred-foot radius.

(g)

The name of all abutting streets and whether said streets are Town, county or state highways.

(h)

A list of drawings included in the submission set, with the original drawing dates and all revision numbers and dates indicated.

(2)

A site plan, fully dimensioned, which shall include the following:

(a)

Location, arrangement, design and general site compatibility of all buildings, structures, equipment, landscaping, signs, and lighting.

(b)

All proposed parking and loading facilities, circulation aisles servicing those facilities, and all pavement markings.

(c)

If the site has or is proposed to have vehicular access to or from an adjoining property, plans of such adjoining property, including, but not limited to, uses, building footprints, parking, site circulation, and pavement markings.

(d)

Adjacent roadways indicating traffic flow directions and showing vehicular access and circulation to and from the site, including intersections, road widths, pavement surfaces, dividers, traffic controls, and street lighting.

(e)

Right-of-way improvements or road widening in conformance with the requirements of the Superintendent of Highways, and to provide a minimum of 60 feet of right-of-way in industrial areas. Any road surfacing required by the widening of existing pavement shall be equal to or better than the existing pavement and shall meet all specifications of the Highway Department which pertain to the area.

(f)

Arrangement of pedestrian traffic access and circulation, including, but not limited to, walkway structures, control of intersections with vehicular traffic, handicapped accessibility, and overall pedestrian convenience and safety.

(g)

Location of, and type of equipment provided for adequate storage and disposal of garbage and refuse.

(3)

Floor plans, which shall include the following: floor plans of each level, including, but not limited to, basements, cellars, mezzanines and attics, and labeling of all interior spaces with their uses.

(4)

Building elevations and section, which shall include the following:

(a)

Existing and proposed grades in Nassau County Vertical Datum.

(b)

Finished floor elevations for each level.

(c)

Building height elevation(s).

(d)

Building/site section(s) as required by the Commissioner of Buildings or Commissioner of Planning and Economic Development to adequately analyze the site development.

(e)

Proposed finish materials for all exterior surfaces.

(f)

Sketches to scale, indicating the design, color and material of signs, accompanied by a brief narrative explaining the lighting mechanism.

(5)

Building perspective(s), which shall include the following:

(a)

The main building as viewed from all public rights-of-way.

(b)

The main building as viewed on approach from within the site if substantially different from the above view(s).

(c)

Any other proposed structures as required by the Commissioner of Buildings or Commissioner of Planning and Economic Development to adequately analyze the site development.

(6)

Landscape plan, which shall include the following:

(a)

All existing and proposed landscaping, specifying the type, size and location of trees, shrubs, and other landscaping materials. Tree size shall include diameter at four feet six inches above grade as well as height of the tree.

(b)

All fencing, specifying style, material, and height.

(c)

All lawn irrigation, specifying the water utilization in gallons per minute. Sprinkler heads or plumbing systems shall not be installed, maintained or allowed to encroach upon any public rights-of-way.

(d)

All retaining walls, which shall require a building permit, and must be designed by a qualified professional licensed to practice in the State of New York. Retaining walls shall conform to the requirements of § 70-202.1.

(e)

When a planted buffer is required as a screen for adjacent properties, it shall consist of a ten-foot-wide strip planted with coniferous material six feet tall on seven-foot centers in the case of a single row. When a double row is required, the planting strip shall be 20 feet wide planted with staggered rows of coniferous material six feet tall. Plantings shall be of sufficient quality and quantity to provide a pleasing appearance and shall include the maximum retention of existing vegetation. All required buffers shall be maintained, and replacement vegetation shall be planted as required to maintain the required screening in perpetuity.

(f)

Curbs, sidewalks and street trees in accordance with the specifications of the Highway Department of the Town of North Hempstead, and subject to the approval of the Superintendent of Highways. Curbs, sidewalks or trees may be deleted if, in the opinion of the Town Board, they would be deemed unnecessary or inappropriate.

(7)

Drainage and sediment/erosion control plan(s), which shall include the following:

(a)

Existing/proposed grades, by contours and spot elevations (in Nassau County Vertical Datum), in sufficient numbers to adequately depict how the land will drain.

(b)

Schematic drawing of the roofs of all proposed buildings and equipment, showing the drainage system and direction of water flow.

(c)

Limits and runoff direction for each drainage area, in plan view.

(d)

The location, size and type of drainage facilities, with top and invert elevations.

(e)

Table showing that the stormwater and drainage system, as designed by a licensed professional, adequate to dispose of a minimum five-inch rainfall. The drainage system shall comply with the minimum standards of the Nassau County Department of Public Works rules and regulations governing approval for erection of buildings on county highways.

(f)

Location of on-site water supply and sewage disposal facilities and their connections.

(g)

The depth and limits of all cuts and fills.

(h)

The footprint and first-floor elevation of all structures.

(i)

Drainage on existing roads as required by the Commissioner of Public Works. Any proposed structures or improvements made upon the right-of-way must receive the approval of the Superintendent of Highways.

(j)

Methods and materials to be used to address erosion and sediment and slope stabilization both during and after construction, in plan and narrative form.

(8)

Lighting plan, which shall include the following:

(a)

The location of all proposed lighting fixtures, height of standards and the intensity and type of fixture, located and designed so as not to have an adverse effect on surrounding property.

(b)

Illumination levels for the entire site, not exceeding 0.5 footcandle at the property line, except as otherwise approved by the Town Board.

(c)

Catalog cut or picture of the light fixture and the manufacturer's specification sheet.

(9)

Reports and documentation, including, but not limited to, the following:

(a)

A full environmental assessment form in the format required by the State Environmental Quality Review Act.

(b)

Traffic analysis, including capacity and level-of-service for the nearest signalized intersections.

(c)

Water and sewer availability letters.

(d)

Copies of any restrictive covenants existing on any portion of the site.

(e)

Copies of all variances granted for the site.

(f)

Copies of access permit application and curb cut approvals from the appropriate jurisdiction(s).

(g)

Existing conditions survey.

(h)

Photographs of all properties abutting the parcel and across from the parcel within 300 feet.

(10)

Where applicable, a statement setting forth whether the proposed use conforms to, or deviates from, a community visioning or vision plan which has been adopted by the Town Board as a planning document for the Town. In the event that the proposed use deviates from such plan, the statement shall set forth how it deviates and the reasons why it should be approved despite this deviation.

Review standards. All site plan applications shall be reviewed for the following standards:

(1)

Overall impact on the neighborhood, including compatibility of design considerations and adequacy of screening from residential properties.

(2)

Adequacy of the design to avoid a negative impact on the health, safety, or general welfare of the public.

(3)

Adequacy of the plan to mitigate the impact of traffic on surrounding streets caused by the proposed development and other known projects in accordance with standard review practices.

[Amended 5-29-2007 by L.L. No. 5-2007]

(4)

Adequacy of drainage system to contain stormwater on site.

(5)

Unless waived by the Superintendent of Highways, curb cuts shall conform to the following standards:

(a)

Curb cuts on all business or industrial properties shall have a minimum length of 12 feet and a maximum length of 36 feet.

(b)

Curb cuts on all business or industrial properties shall be a minimum of 15 feet from any property line and 25 feet from a corner.

(c)

Curb cuts on all business or industrial properties shall have a minimum distance of 40 feet between curb cuts per site.

(d)

The maximum number of curb cuts on all business or industrial properties shall be two on any street, per site.

(e)

The Superintendent of Highways shall have the right to delete or relocate curb cuts if, in his opinion, the proposed location of curb cuts would create a hazardous condition.

[Amended 5-29-2007 by L.L. No. 5-2007]

(6)

Compliance with a community visioning or vision plan which has been adopted by the Town Board as a planning document for the Town.

[Added 11-15-2005 by L.L. No. 11-2005; amended 5-29-2007 by L.L. No. 5-2007]

Notice.

(1)

The Town Clerk shall publish notice of the public hearing for site plan review in the local newspapers at least 10 days before the date the site plan is to be reviewed by the Town Board. The notice shall identify the property affected by stating the section, block, lot and street address and shall also state the date, time and place of the hearing.

[Amended 5-29-2007 by L.L. No. 5-2007]

(a)

Where a site plan application is adjourned, the Town Clerk shall publish notice of the new hearing date in the local newspapers at least 10 days before the new hearing date on which the site plan is to be reviewed by the Town Board. The notice shall identify the property affected by stating the section, block, lot and street address and shall also state the date, time, and place of the hearing.

[Added 11-19-2019 by L.L. No. 15-2019]

(2)

Before the site plan application will be heard by the Town Board, the applicant must provide notice of the site plan hearing to property owners within a radius of 300 feet of the site, in the manner provided for in § 70-240 of this chapter for special permit applications and must file an affidavit as to the mailing of such notices as required by that section.

(a)

Where a site plan application is adjourned, the applicant must notice the new hearing date to each affected property owner within a radius of 300 feet of the site. Not less than 10 nor more than 20 days before the hearing, the applicant shall send notice, via first-class mail, stating the nature of the application, and the date, time and place for the hearing on the site plan application. The applicant must file, with the Town Attorney, an affidavit as to the mailing of such notices not less than five days before the hearing.

[Added 11-19-2019 by L.L. No. 15-2019]

(3)

Sign notice requirements for site plan applications.

(a)

Sign notice shall be given by the property owner of the subject property by posting a sign stating the time, date and place of the public hearing to be held by the Town Board on the property which is the subject of an application for site plan review.

[Amended 5-29-2007 by L.L. No. 5-2007]

(b)

The sign shall be posted at least 10 days prior to the date of the public hearing to be held by the Town Board.

(c)

The sign shall be visible from adjacent rights-of-way, including waterways.

(d)

If the subject property is on more than one right-of-way, a sign shall be posted facing each right-of-way.

(e)

If the sign is destroyed or removed from the property, the owner of the subject property shall be responsible for replacing it.

[Amended 5-29-2007 by L.L. No. 5-2007]

(f)

Five days prior to the public hearing, the owner of the subject property shall execute and submit to the Department of Planning an affidavit of proof of the posting of the public notice sign(s) according to this section. If the owner of the subject property fails to submit the affidavit, the public hearing will be postponed until after the affidavit has been supplied.

[Amended 5-29-2007 by L.L. No. 5-2007]

Editor's Note: This local law also repealed Subsection F(3)(g) and (h), which immediately followed this subsection.

No certificate of occupancy shall be issued until all site work authorized or required by the Town Board is completed and approved by the Commissioner of Buildings and any conditions imposed by the Town Board are complied with.

In cases where site plan review by the Town Board is required by Subsection A of this section and there has been an approved site plan within the prior five years, the following items shall be submitted to the Commissioner of Buildings:

(1)

A signed and stamped copy of the original site plan which was previously heard and approved by the Town Board and a plan depicting the proposed changes to the original site plan.

(2)

All principal and accessory buildings proposed by the applicant and all adjoining property within a radius of 300 feet from the boundary lines of the site.

(3)

A perspective drawing of all proposed altered structures, including front and side elevations and the roof treatment.

(4)

Plans and specifications, including the name of the professional engineer, land surveyor, architect or land planner who has prepared the documents.

(5)

Fees for site plan review as set forth in § 70-219G.

(6)

New or revised full environmental assessment form and traffic analysis as required by the Commissioner of Planning and Economic Development.

[Amended 5-29-2007 by L.L. No. 5-2007]

(7)

New or revised zoning data analysis as required by the Commissioner of Buildings.

Minor modifications to an approved site plan not involving any additional structures which will not cause any material change to the overall layout, appearance or impact of a site and will not violate any specific condition imposed by the Town Board shall not require further Town Board approval if approved by both the Commissioner of Buildings and the Commissioner of Planning and Economic Development.

[Amended 5-29-2007 by L.L. No. 5-2007]