§ 70-227. Rules; fees and costs; submission requirements; hearing notice requirements.

A. 

The Board of Zoning and Appeals shall establish rules as to the manner of filing appeals or applications for permits or variances in specific cases and may amend these rules as needed. Copies of the procedures and requirements for the filing of applications shall be maintained by the Board and shall be made available to the public.

B. 

Fees and costs. Fees for all matters to be heard by the Board of Zoning and Appeals shall be set according to the amounts indicated in the Town of North Hempstead Fee Schedule.

C. 

Submission requirements.

(1) 

All applications to the Board of Zoning and Appeals shall be accompanied by the notice of disapproval issued by the Building Department, an application form with related attachments and five copies each of the following:

(a) 

For applications for new one- and two-family residential structures:

[1] 

Title page, which shall include the following:

[a] 

Key map showing clearly and accurately the location of the property in relation to the neighboring streets;

[b] 

Zoning/Site data analysis which shall include zoning district; permitted and proposed data for all zoning criteria, including, but not limited to, floor areas, lot coverage, building height, and a depiction of the required sky exposure plane;

[c] 

Name and address of the applicant, and the name and address of the owner of the site, if different from the applicant;

[d] 

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

[e] 

Area map of the subject property and all properties within a radius of 300 feet of any contiguous property owned by the applicant. The area map must be accurately drawn to scale and shall include the names of property owners, as well as section, block, and lot information for all properties within the three-hundred-foot radius;

[2] 

Survey of existing conditions, prepared by a New York State licensed land surveyor at a scale of one inch equals 40 feet or larger, showing at a minimum:

[a] 

The locations of all existing buildings, driveways, patios, fences and accessory structures;

[b] 

The locations of property lines with bearings and distances clearly marked;

[c] 

The locations of all monuments, stakes or other permanent boundary markers;

[d] 

Underground and overhead utilities;

[e] 

The locations of all easements, if applicable;

[3] 

Proposed site or plot plan, showing the location of all proposed buildings, accessory structures, driveways or other paved areas;

[4] 

Floor plans, fully dimensioned, of each level, which shall include, but not be limited to, basements, cellars, mezzanines and attics, and labeling of all interior spaces with their uses;

[5] 

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);

[e] 

Proposed finish materials for all exterior surfaces;

[6] 

Short environmental assessment form;

[7] 

Disclosure affidavit from applicant;

(b) 

For additions or alterations of one- and two-family residential structures or construction of fences, sheds or other accessory structures:

[1] 

Title page, which shall include the following:

[a] 

Key map showing clearly and accurately the location of the property in relation to the neighboring streets;

[b] 

Zoning/Site data analysis which shall include zoning district; permitted and proposed data for all zoning criteria, including, but not limited to, floor areas, lot coverage, building height, and a depiction of the required sky exposure plane;

[c] 

Name and address of the applicant, and the name and address of the owner of the site, if different from the applicant;

[d] 

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

[2] 

Survey or plot plan of existing conditions, prepared by a New York State licensed land surveyor at a scale of one inch equals 40 feet or larger, showing at a minimum the locations of all existing buildings, driveways, patios, fences and accessory structures;

[3] 

Proposed site plan, showing the location of all proposed buildings, fences, accessory structures, driveways or other paved areas;

[4] 

Floor plans, fully dimensioned, of each level, which shall include, but not be limited to, basements, cellars, mezzanines and attics, and labeling of all interior spaces with their uses;

[5] 

Building elevations, if applicable, which shall include the following:

[a] 

Existing and proposed grades;

[b] 

Finished floor elevations for each level;

[c] 

Building height elevation(s);

[d] 

Proposed finish materials for all exterior surfaces.

[6] 

Details or specifications of any fencing material, if applicable.

(c) 

For applications for new multiple residence, commercial or other nonresidential structures:

[1] 

Title page, which shall include the following:

[a] 

Key map showing clearly and accurately the location of the property in relation to the neighboring streets;

[b] 

Zoning/Site data analysis which 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] 

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] 

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

[f] 

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 must be accurately drawn to scale and 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.

[2] 

Survey of existing conditions, prepared by a New York State licensed land surveyor at a scale of one inch equals 40 feet or larger, showing at a minimum:

[a] 

The locations of all existing buildings, driveways, patios, fences and accessory structures;

[b] 

The locations of property lines, with bearings and distances clearly marked;

[c] 

The locations of all monuments, stakes or other permanent boundary markers;

[d] 

Underground and overhead utilities;

[e] 

The locations of all easements, if applicable.

[3] 

Schematic site plan, which shall include the following:

[a] 

Location and arrangement of all buildings and structures;

[b] 

All proposed parking and loading facilities, access aisles, and all pavement markings, fully dimensioned;

[c] 

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;

[d] 

Any proposed right-of-way improvements or road widening;

[e] 

Arrangement of pedestrian traffic access and circulation, including, but not limited to, walkway structures, and handicapped accessibility;

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

[f] 

Location and type of equipment provided for storage and disposal of garbage and refuse; if the application is for a restaurant, delicatessen, retail grocery or other food-related use, the plan must show the location of the required interior refrigerated refuse locker.

[4] 

Floor plans, fully dimensioned, of each level, which shall include, but not be limited to, basements, cellars, lobbies, mezzanines and attics, and labeling of all interior spaces with their uses; seating diagrams and emergency egress plans are required for all places of public assembly;

[5] 

Building elevations and sections, 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 to adequately analyze the site development;

[e] 

Proposed finish materials for all exterior surfaces;

[f] 

Scale drawings indicating the design, color and material of all signs, accompanied by an explanation of the lighting mechanism.

[6] 

Perspective drawing(s) of all principal buildings;

[7] 

Schematic landscape, grading, drainage and lighting plans;

[8] 

Full environmental assessment form in the format required by the State Environmental Quality Review Act;

[9] 

Traffic analysis, including capacity and level-of-service for the nearest signalized intersection(s);

[10] 

Disclosure affidavit from applicant.

(d) 

For additions or alterations of multiple residence, commercial or other nonresidential structures or variances for nonresidential uses:

[1] 

Title page, which shall include the following:

[a] 

Key map showing clearly and accurately the location of the property in relation to the neighboring streets;

[b] 

Zoning/site data analysis which 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] 

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] 

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

[f] 

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 must be accurately drawn to scale and shall include the names of property owners, as well as section, block, and lot information for all properties within the three-hundred-foot radius.

[2] 

Survey of existing conditions showing, at a minimum, the locations of all existing buildings, parking areas and access points;

[3] 

Schematic site plan, which shall include the following:

[a] 

Location and arrangement of all buildings and structures;

[b] 

All proposed parking and loading facilities, access aisles, and all pavement markings, fully dimensioned;

[c] 

Location and width of landscaped buffers, if applicable;

[d] 

Location and type of equipment provided for storage and disposal of garbage and refuse; if the application is for a restaurant, delicatessen, retail grocery or other food-related use, the plan must show the location of the required interior refrigerated refuse locker.

[4] 

Floor plans, fully dimensioned, of each level, which shall include, but not be limited to, basements, cellars, lobbies, and mezzanines, and labeling of all interior spaces with their uses; seating diagrams and emergency egress plans are required for all places of public assembly;

[5] 

Building elevations and sections, which shall include the following:

[a] 

Finished floor elevations for each level;

[b] 

Building height elevation(s);

[c] 

Proposed finish materials for all exterior surfaces;

[d] 

Scale drawings indicating the design, color and material of all signs, accompanied by an explanation of the lighting mechanism;

[6] 

Schematic landscape, grading, drainage and lighting plans, if applicable;

[7] 

Short environmental assessment form;

[8] 

Disclosure affidavit from applicant.

(2) 

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.

D. 

Hearing notice requirements.

(1) 

The Secretary to the Board of Zoning and Appeals shall publish notice of the public hearing for a variance, appeal for determination or conditional use permit in the local newspapers at least 10 days before the hearing date. 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.

(a) 

Where an application for a variance, appeal for determination, or conditional use permit is adjourned, the Secretary to the Board of Zoning and Appeals shall publish notice of the new hearing date in the local newspapers at least 10 days before the date of the new hearing. 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 application will be heard, the applicant must provide notice of the hearing to property owners within a radius of 300 feet of the site, in the manner provided herein, and must file an affidavit as to the mailing of such notices in accordance with this section with the Secretary to the Board of Zoning and Appeals not less than five days before the hearing. Not less than 10 nor more than 20 days before the hearing, the applicant shall send, by first-class mail and by registered or certified mail, a notice to each affected owner identifying the subject property, stating the nature of the application and the date, time and place for the hearing. For applications for additions and alterations to one- or two-family residential structures, notice may be provided to only the adjoining property owners.

[Amended 1-29-2019 by L.L. No. 3-2019]

(a) 

Where an application for a variance, appeal for determination, or conditional use permit is adjourned, the applicant must notice the new hearing date. For applications for additions and alterations to one- or two-family residential structures, notice may be provided to only the adjoining property owners in the manner provided herein. For all other applications, notice must be provided to property owners within a radius of 300 feet of the site in the manner provided herein. Not less than 10 nor more than 20 days before the hearing, the applicant shall send, via first-class mail, a notice to each affected owner identifying the subject property, stating the nature of the application, and the date, time and place for the hearing. The applicant must file an affidavit as to the mailing of such notices in accordance with this subsection with the Secretary to the Board of Zoning and Appeals not less than five days before the hearing.

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

(3) 

Sign notice requirements for Board of Zoning and Appeal applications.

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

(a) 

For all commercial applications, with the exception of applications for signs, and for all applications for new homes and for subdivisions, the following requirements shall apply:

[1] 

Sign notice shall be given by the property owner of the subject property by posting a sign stating the nature of the application, and the time, date, and place of the public hearing to be held by the Board of Zoning and Appeals on the property which is the subject of an application.

[2] 

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

[3] 

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

[4] 

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

[5] 

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

[6] 

The sign shall be no less than 34 feet by 48 feet in size.

[7] 

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.

[8] 

Section 227D(3)(a) shall apply to all Board of Zoning Appeals applications which have been adjourned.

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