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HomeMy WebLinkAboutSite Plan Approval 1992PLANNING BOARD MEMBERS Bennett Orlowski. Jr., Chairman George Ritchie Latham. Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (5161 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOWl' L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516'1 765-I823 TO: Southold Town Board FROM: Bennett Oriowski~'Jr., u~airman Membe~s :of the Planning Board RE: Site Plan Amendments DATE: September 14, 1992 We recommend the consideration of the following amendments to the Site Plan ordinance. These amendments will have the effect of modifying the present version of Article XXV by spelling out the actual site plan waiver procedure that this Board has followed as a matter of both courtesy and policy for nearly three years. One of the amendments herein will provide the Board with the authority to close longstanding inactive files without predjudice, thereby addressing a recurrent situation whereby an applicant may put a project "on hold" for several years, then reactivate it.only to leave the Beard with the problem of being unable to recoup its ongoing review expenses. There have been situations where we have been locked into processing site plan applications at the taxpayer's expense, because we lack a formal mechanism whereby we can close a file where there has been no attempt by the applicant to move forward. This amendment is not intended to affect those applicants who are working diligently to obtain other needed permits or approvals. cc: Building Department Town Attorney HARVEY A. ARNOFF Town Attorney MA'ITHEW G. KIERNAN Assistant Town Attoraey OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD SCOI-I' L_ HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (5 ! 6) 765-1823 Telephone (516) 765-1800 MEMORANDUM TO: FROM: DATE: George L. Penny, IV, Councilman Harvey A. Arnoff, Town September 10, 1992 RE: Proposed change to the Town Code Annexed hereto please find a proposed change to the Town Code for your review. If same meets with ' your approval, I trust you will disseminate this to the Town Board members and/or members of your committee. In the event you wish me to do it, please let me know. LOCAL LAW NO. 1992' A Local Law in Relation to Site Plan Approval BE IT ENACTED, by the Town Board of the Town of Southold as follows: Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended to read as follows: 1. Section 100-257 (Variances) is hereby added to read as follows: Where the Planning Board finds that strict adherence to the Site Plan regulations may result in an unnecessary hardship or where the significance or where the project itself minimal change, then and in that event it may vary regulations set forth above so that substantial justice may be done and the public interest served by the issuance of a waiver of site plan requirements provided, however, that such waiver will not have the effect of nullifying the intent and purpose of this Article. II. This Local Law shall take effect upon its filing with the Secretary of State. LOCAl. LAW NO, 1995 A Local Law in Relation to Site Plan Approval BE IT ENACTED, by the Town Board of the Town of Southold as follows: Chapter 100 [Zoning) of the Code of the Town of Southold is hereby amended to read as follows: 1. Section 100-250 [Applicability) is hereby amended .to read as follows: This Article shall apply to every land use that is permitted in the Town of Southold except the single-family home use on a single and separate lot as set forth in Article III, Section 100-31A(1), and customary nonagricultural accessory uses to a single-family residential home use as stated in the Town Code. Approval of site development plans by the Planninq Board shall be required only when a buildinq permit is required and only when the Buildinq Inspector determines that the proposed construction, alteration. 'addition, or repair will effect a substantial, chanqe of the characteristics of the site in terms of parkinq, Ioadinq. access, drainaqe, open space or utilities Al~' chem~j~ h-r usa-or il¥cerr~i~3~ of i:he ~h'at'~pJ'~er~es o~ the s)4.~ i~r l~ernl~-o~ access; d~nag~- op~ spa~or utH+~- ~H- p~an a~=- ~n eH-cases Where bh~ approval of site development plans .by the Planning Board is required, no buildin9 permit shall be issued by the Buildin9 mnspectar except upon authorization of and in conformity with the site plan approval by the Planning Board and all other public agencles involved. II. This Local Law shall take effect upon its filing with the Secretary of State. Underscore represents additions. JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATIST[CS MARRIAGE OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOU Town Hall, 53095 Main Road P.O. Box i179 Southold, New York 11971 I~ax (516) 765-1823 Telephone (516) 765-1801 May ~2, 1992 To: Councilman George L. Penny IV, Chairman of the Town Board Legislative Committee From: Judith Terry, Town Clerk Re: Proposed Local Laws The attached proposed Local Laws were submitted to the Town Board at their May 5th work session by Councilman Lizewski. The Board agreed these proposed law should be referred to the Legislative Committee. Attachments: "A Local Law in Relation to Building Permits" "A Local Law in Relation to Applications for Building Permits" "A Local Law in Relation to Site Plan Approval" cc: (with attachments) to: Legislative Committee members: Co~Jncilwoman Alice J. Hussie Councilman Joseph J. Lizewski !_OCAL LAW NO. , 1992 A Local Law in Relation to Building Permits BE IT ENACTED. by the Town Board of the Town of Southold as follows: Chapter 100 !Zonin9) of the Code of the Town of Southold is hereby amended as follows: Section 100-281 (Building Permits) of the Code of the Town of C;outhold is hereby amended in part ~o read ~s ':oiiows: Except as set forth below, no-b~h~i~ i~ an3/-d+s't~i~-~ sh-aH- to the ~ ~nsp~o?= no building permit shall be issued unless the proposed construction or use is in full conformity with all the provisions of this chapter and the provisions of all other applicable laws. ordinances, rules and regulations. Any building permit issued in violation of the provisions of this chapter shall be null and void and of no ~fect ,without the necessity for any proceedings. revogations or nullification thereof; and any work undertaken or use established'pursuant to the issuance of a permit in violation of the provisions of th~s chapter shall be invalid. Exceptions to the requirement of a buildinq permit are permitted in the following situations: Necessary Pepalrs which do not materially affect structural features; b. Alterations to existing buildings, provided that they: i. Cost less than $10.000.; . ii. Do not materially affect structural features; iii. Do not affect fire safety features such as smoke detectors, sprinklers, required fire separations and exits; iv. Do not involve the installation or extension of electrical systems; and v. Do not include the installation of solid fuel burning heatinq appliances end associated chimneys or flues; or Small noncommercial structures of less than 140 square feet of (]ross floor area not intended for use by one or more persons as quarters for Jiving. sleepin(], eating, or cookin(], for example; a small storage buildin(]. II. This Local Law shall take effect upon its filing with the Secretary of State. * Underscore represents additions. ** Overstrike represents deletions. LOCAL LAW NO. 1992 A Locai Law in Relation to Applications for Building Permits BE IT ENACTED. by the Town Board of the Town of Southold as follows: Chapter 45 (Uniform Fire Prevention and BuiJdin9 Code ) of the Code of the Town of Southold is hereby amended as follows: Section 45-8[A) [Building permit required; application for permit) is amended to read as foJiows: .... A= Except as set forth below, no person, firm or corporation shall commence the erection, construction, enlargement, alteration. removal, improvements, demolition, conversion or change in the nature of the occupancy of any building or structure, or cause the same to be done. without first obtaining a separate building permit from the BuildinE~ inspector for each such building or structure; e×,sel~t-t~ha~ n~-)~trih~/l~n~t_ p~mi~ sh~F b~req~red-~r ~he ~or~ of ord+nmrT-re~rs ~ are n~ ~rucbur~ ~ Exceptions to the requirement of a building permit are permitted in the following situations: a= Necessary repairs which do not materially affect structural features; b. Alterations to existinq buildings, provided that they: i. Cost less than $10.000.; ii, Do not materia)l¥ affect structural features; iii. Do not affect fire safety features such as smoke detectors, sprinklers, required fire separations and exits; iv. Do not involve the installation or extension of electrical systems; and v. Do not include the installation of solid fuel burning heating appliances and associated chimneys or flues; or Small noncommercial structures of less than 140 square feet of gross floor area not intended for use by one or more persons as quarters for living, sleeping, eatinq, or cooking, for example; a small storage building. II. This Local Law shall take effeJt upon its filing with the Secretary of State. * Underscore represents additions. ** Overstrick represents deletions. LOCAL LAW NO. . ~992 A Local Law in Relation to Site Plan Approval BE IT ENACTED, by the Town Board of the Town of Southold as follows: Chapter 100 IZoning). of the Code of the Town of Southold is hereby amended to read as follows; 1. Section 100-250 (Applicability) is hereby amended to read as follows: This Article shall appiy to every land use that is permitted in the Town of Southold except the single-family home use an a single and separate lot as set forth ]n Article ]11, Section 100-31A(1), and customary nona§ricuitural accessory uses to a single-family residential home use as stated in the Town Code. Any change in the cateqory of use or substantial chancre in the intensity of use which will affect the characteristics of the site in terms of parking, loading, access, drainage, open space or utilities will require site plan approval. In all cases where this chapter requires approval of site development plans by .the Planning Board, no building permit shall be issued by the Building Inspector except upon authorization of and in conformity with the site plan approval by the Planning Board and all other public agencies involved. II. This Local Law shall take effect upon its filing with the Secretary of State. Underscore represents additions.