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HomeMy WebLinkAboutSite Plan ApprovalSouthold Town Board - Letter Board Meeting of March 13,2012 RESOLUTION 2012-179 ADOPTED Item # 5.3 DOC ID: 7623 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-179 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 13, 2012: THIS RESOLUTION TO BE WITHDRAWN WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 17th day of January, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280~ Zoning~ in connection with Site Plan Approval" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280~ Zoning~ in connection with Site Plan Approval" reads as follows: LOCAL LAW NO. of 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning~ in connection with Site Plan Approval". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. To provide for the health, safety and welfare of the citizens of the Town of Southold, it is necessary to make certain amendments to Article XXIV "Site Plan Approval" of Chapter 280. These amendments are intended to codify and clarify existing policies, site plan objectives and approval requirements and procedures. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-127. Applicability. 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, § 280-13A(1), and customary nonagricultural accessory uses to a singlewfamily residential home use as stated in the Generated March 14, 2012 Page 12 S outhold Town Board - Letter Board Meeting of March 13, 2012 Town Code. Any change in use or 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 d~wetopment- 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. §280-128. Findings of fact; purpose. A. The Town Board wishes to protect the unique rural and open space character of the Town and hereby finds that development within the Town, exclusive of the Incorporated Village of Greenport, should proceed along the lines of good order and with due regard to the public interest, including but not limited to the following: exterior design of new or renovated structures and portions thereof; the construction and location of parking areas, whether or not accompanied by new building construction; changes in the use of existing structures; the use of open land; and that the proposed site use would impact beneficially on the well-being of the population in general, increase the Town's tax base and facilitate the local economy. tS. It is the purpose of this article to encourage good design and to: (1) Protect the established character and value of the adjoining properties, both public and private, and of the neighborhood in which they are located. (2) Lessen and, where possible, prevent traffic congestion on the streets and highways upon which the site fronts or which provide vehicular or pedestrian access thereto. (3) Prevent overcrowding of land or buildings. (4) Secure safety from fire, flood and other dangers and provide adequate light, air and convenience of access. (5) Mitigate the environmental impacts of new development on the land, air and water resources. §280-129. Objectives. In considering and acting upon site ~e;'c,!z?ment plans, the Plarming Board shall take into consideration the public health, safety and welfare, the economic impact and the comfort and convenience of the public in general and the residents of the immediate neighborhood in particular and 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 this chapter and the accomplishment of the following objectives in particular: A. Traffic access: that all proposed traffic accessways are adequate but not excessive in number; adequate in width, grade, alignment and visibility; are located in proper relationship to intersections, pedestrian crossings and other places of public assembly; and, further, are in conformance with overall traffic safety considerations. Other public agencies may require further improvements above and beyond the Town's requirements. Roadway improvements not directly in front of the site may be necessary and required, based on overall traffic circulation and signalization of adjacent access points and streets. B. Interior circulation and parking: that adequate off-street parking and loading spaces are provided to satisfy the parking needs of the proposed uses on site and that the interior Generated March 14, 2012 Page 13 Board Meeting of March 13, 2012 Southold Town Board - Letter circulation system is so designed to provide convenient access to such spaces consistent with pedestrian safety, and, further, that loading areas shall not impede the flow of interior pedestrian and vehicular traffic and that for certain uses, adequate interior roadways are provided to confine operations to the site. Handicap accessibility shall be provided and placed at the nearest point to the proposed structure. Landscaping and screening: that all parking, service and similar areas are screened at all seasons of the year from view of adjacent residential districts and streets and that the landscaping of the site complements the intended use. Existing trees of at least six inches or more in diameter measured three feet above the base of the trunk shall be retained to the maximum extent possible. Natural features: that high priority shall be given to: (1) The conservation of all natural features on and adjacent to the site, including but not limited to natural drainage-courses, fresh- and saltwater wetlands and marshes, dunes, bluffs, beaches, escarpments, woodlands, large trees, unique plant and wildlife habitats, flood hazard areas and wildlife breeding areas. (2) The protection of ground- and surface water from contamination by pollutants. (3) The protection of air quality. Pavement: that all other paved areas intended for use by pedestrians and vehicles shall make use of an aesthetically pleasing and safe combination of pavements and plant materials which would serve to encourage their use by pedestrians and vehicles. Lighting: that all outdoor lighting shall be of such a nature and so arranged as to minimize the projection of direct light and glare onto adjoining properties and streets. Outdoor lighting shall be compatible with the intended use and also the zoning district, particularly in or adjacent to residential zones. Public address intemom or sound systems: that any sound or public-address system shall be located to minimize sound to adjoining properties or on the adjacent street. Grading and drainage: that all site developments shall respect existing grades on site and on adjoining sites to avoid unnecessary excavation or filling and that all stormwater runoff generated on site will be retained on site in an environmentally acceptable manner. All grading and drainage plans must meet with the requirements of the Town Engineer and/or Superintendent of Highways. Public utilities: that plans for water supply and sewage disposal, cable, telephone, electricity, gas, etc., shall be considered and included in this section and shall conform to such public requirements and standards as may exist. Existing development and Comprehensive Development Plan: that the development proposed is at a scale consistent with existing development and with the Comprehensive Development Plan of the Town of Southold. Amhitectural features: that the natural features of the site and surroundings, exterior design and appearances of existing adjacent structures and the character of the district are evaluated in accordance with the architectural standards set forth in this chapter. [Amended 5-15-1995 by L.L. No. 7-1995] Handicapped access: that the site plan and building design shall accommodate the needs of the handicapped and be in conformance with the applicable state and local standards concerning the same. Generated March 14, 2012 Page 14 Southold Town Board - Letter Board Meeting of March 13, 2012 ARTICLE XXIV~ Site Plan Approval §280-130. Approval of site plan required. A. After the filing of an application for a building permit, the Building Inspector shall make a determination as to whether a site plan or an amendment thereto is required, and this written determination shall be forwarded to the Planning Department for comment. The Planning Department must provide written comments on this determination to the Building Inspector within five business days, or be deemed to have waived the opportunity to comment. After review of comments, or after the time period for comment has elapsed, the Building Inspector shall issue a final determination to the applicant, which shall in no event be more than 15 business days from the filing of the application. Such determination shall also include a written decision as to whether the proposed use is permitted and whether a special exception is required from the Zoning Board of Appeals. No building permit shall be issued for any structure or building for which use a site plan is required pursuant to this chapter, until, if required, an approved site ah~4opmem plan or approved amendment of any such plan has been secured by the applicant from the Planning Board and presented to the Building Inspector, along with all necessary approvals and permits as may be required by other public agencies. [Amended 5-15-1995 by L.L. No. 8-1995; 3-9-2004 by L.L. No. 8-2004; 12-14-2004 by L.L. No. 25-2004] B. No regrading, clearing, tree removal or any other work in ~rc~arat'.'zn zf ~,:~,a~e age of a site, except limited clearing needed to undertake survey work or soils investigations, may take place er be ~e~"m. iXe~ to. ta!:e ~!aco until the site plan has been approved by the Planning Board or the Planning Board authorizes such work in writing. C. No certificate of occupancy shall be issued for any building, structure, premises, lot or use of land covered by this article unless the structure has been completed (whether the structure is being constructed, renovated, reconstructed, altered, moved or put into use), and the site is developed in accordance with an approved site d~v~4opmem plan or approved amendment of any such plan. Upon request of the owner or his authorized agent for a certificate of occupancy, the Building Inspector shall issue the certificate, provided that said Building Inspector, along with the Planning Board, shall find that such building or structure and site is in conformity with the approved site plan. After a certificate of occupancy is issued, there shall be no exterior alterations of a building that expand the footprint or any revisions of the site or changes of use without first obtaining Planning Board approval. Failure to obtain site plan approval shall be a violation of this article and shall be subject to such penalties as are set forth in § 280-155 of this chapter. [Amended 6-7-2005 by L.L. No. 8-2005] Failure to comply with a term or condition of an approved site plan shall be a violation of this article and shall be subject to such penalties as are set forth in § 280-155 of this chapter. The Planning Board shall retain jurisdiction and shall have the right, after a public hearing, to modify, suspend or revoke such approval or any term or condition thereof or to impose thereon one or more new conditions, based upon one of the following grounds: (1) False statements or mistake of material fact: materially false or inaccurate Generated March 14, 2012 Page 15 Southold Town Board - Letter Board Meeting of March 13,2012 statements in the application, supporting papers or supporting testimony or ignorance or misunderstanding of a material fact by the Planning Board, which fact, had it been known to the Board at the time of its review, would have resulted in a denial of the approval sought. (2) Non-compliance with the terms and conditions of such approval: failure of the applicant-permittee to comply with any conditions or terms of approval. (3) Activity beyond such approval: exceeding the scope of the activity, use or project as the same was described in the application. Any use that has received site plan approval by the Planning Board shall not be commenced unless the Planning Board issues a written certification that all terms and conditions set forth in the site plan approval have been met. Failure to comply with a term or condition of site plan approval prior to commencement of the approved use shall be a violation of this article and shall be subject to such penalties as are set forth in §280- 155 of this chapter unless the Planning Board expressly states an alternative period of time for compliance within the site plan approval. Upon recommendation of the Planning Board and approval of the Town Attorney, the Building Inspector may revoke an existing certificate of occupancy upon a showing that the subject premises is being occupied or used in violation of an approved site plan and may direct that such occupancy or use be discontinued. The Town Attorney is authorized to commence proceedings in a court of appropriate jurisdiction to restrain said use or occupancy. [Amended 6-7-2005 by L.L. No. 8-2005] {}280-131. Review procedure. A. Presubmission conference. Prior to the submission of a site de;'e?,Fment plan, the applicant or his agent shall meet with the Planning Board or its representative. The purpose of such conference shall be to discuss proposed uses or development plan elements that shall be submitted to the Planning Board in order for said Board to determine conformity with the provisions and intent of this article. Said meeting shall take place within 30 calendar days from the date of written request therefor. B. Site dc:'~?,pment plan. Nine copies of the site dcvc!~pmcnt plan application and any related information as defined during the presubmission conference shall be submitted to the Planning Board within four months of the presubmission conference. If a site de~ plan application is not submitted within four months following a presubmission conference, another conference may be required by the Planning Board. (1) Within 10 business days of receipt of the application, the Planning Board shall determine whether to accept, reject or request revision of the application. (2) If the Planning Board determines said application to be acceptable but in need of revision, it shall notify the applicant, in writing, wherein said application is deficient within 30 calendar days. (3) Within the thirty-calendar-day period from receipt of the application, the following shall also take place: the site plan reviewer (or other delegate of the Planning Board) shall hold a joint meeting with a representative of the Building Department authorized to review building plans, for the purpose of making a joint recommendation as to whether the site plan application complies with all applicable zoning regulations or whether any variances are required from the Generated March 14, 2012 Page 16 Southold Town Board - Letter Board Meeting of March 13, 2012 Zoning Board of Appeals; that recommendation shall be forwarded to the Building Inspector, who shall either endorse or revise that recommendation; and in the event the Building Inspector's zoning determination indicates that a variance is required, the site plan reviewer (or other delegate of the Planning Board) shall so inform the applicant; and in the event the applicant wishes to proceed with the application as submitted, the Building Inspector shall issue a notice of disapproval at that time. This procedure shall also apply to any amendments to the site plan application. (4) In the case of a variance or special exception application requiring site plan approval, the site dcvc!~pmcnt plan application shall be subjected to preliminary review and written comments by the Planning Board within 60 days of such request by the Board of Appeals. (a) In no case may the Planning Board grant site plan approval prior to the issuance of a special exception by the Zoning Board of Appeals, if such is required. (b) Before the Planning Board can approve any application for the amendment of a use or structure for which a special exception was granted, the applicant must obtain permission from the Zoning Board of Appeals to expand or otherwise alter or change either the use or the structure. (5) The Planning Board may vary or waive parking requirements, provided that such change will not have a detrimental effect on the public health, safety or general welfare and will not have the effect of nullifying the intent and provision of this chapter. (a) The Planning Board may allow or require landscaping to be installed in place of specified parking spaces. (b) On any site for which the Planning Board grants approval for less than the required number of spaces for that use, the Planning Board shall have the right to review the parking requirements again if a change of use is proposed. (6) Review of a new site plan for a lot on which an approved site plan already exists shall not proceed until the approved plan is withdrawn by the applicant. When the Planning Board determines said application to be acceptable, it shall, within 10 business days of such determination, distribute said application and documentation to the Town, county and state agencies having jurisdiction, for their comment. Such referral shall include a referral to the Architectural Review Committee. The Architectural Review Committee sba!! may make a written recommendation to the Planning Board on the site plan within 10 business days of receipt of the referral. If the Committee falls to make a recommendation within this time period, the project shall proceed to the Planning Board for consideration without Committee review. Notwithstanding the foregoing, applications involving only structures requiring review by the Historic Preservation Commission for a certificate of appropriateness under Chapter 170, Historic Landmark Preservation Law, of this Code shall not also be referred to the Architectural Review Committee for review. [Amended 2-13-2007 by L.L. No. 6-2007] Upon receipt and review of written comments from each of the agencies to which the proposed site plan was distributed, the Planning Board shall, within a reasonable period Generated March 14, 2012 Page 17 Southold Town Board - Letter Board Meeting of March 13, 2012 of time, not to exceed 30 days, determine whether to require revisions to the proposed plan. No decision on the application shall be made until the State Environmental Quality Review ActEN process is completed. After the Planning Board has determined that the proposed site plan is suitable for approval, it shall: (1) Forward the plan to the Building Inspector for final review and certification. (2) Forward the plan to the Fire Commissioner of the fire district within which the site is located for a determination as to whether a fire well is needed and, if so, its location. (3) Notify the applicant, in writing, to make an application for the appropriate curb cut permits. (4) Submit the proposed site plan to the Suffolk County Planning Commission in accordance with the provision of the Suffolk County Charter, if necessary. Upon receipt of the Building Inspector's certification, the Fire Commissioner's response, the curb cut permits and the comments of the Suffolk County Planning Commission, the Planning Board shall place the site plan on the agenda of the next regularly scheduled public meeting. The Planning Board shall hold a public hearing to consider the application. Notice shall be provided pursuant to Chapter 55, Notice of Public Hearings. Notwithstanding this requirement, with respect to applications involving modifications to existing structures with no substantial change to the existing footprint, where the Planning Board determines that such modifications or any change in use will not require significant changes to existing major site design features, as well as applications involving uses strictly related to agriculture (but excepting retail winery operations), the Planning Board shall have the discretion to waive the public heating requirement and may act on such application by filed resolution at a duly noticed public meeting. Prior to the Planning Board's endorsement of the site plan, the applicant must sign a statement placed on the site plan indicating his/her knowledge and acceptance of the conditions of approval. Amendments to an existing site plan may be acted upon in the same manner as a new site plan. .... ~, .................................... ~, ......................... , ,,. th~, Ccd:. Guaranty of Performance (1) Public Improvements: A guaranty of performance ma,/be required for all public improvements as part of the conditions of approval. Ifa guaranty of performance is required, the provisions of Article IX, Bonds and Other Security, shall apply. (2) Other on-site improvements including, but not limited to, securing the property, buffers, landscaping and/or screening: A guaranty of performance may be required for on-site improvements as part of the conditions of approval under the following circumstances: (a) where the application involves a commercial property that abuts or is across any public or private street from a residential property. Generated March 14, 2012 Page 18 Southold Town Board - Letter Board Meeting of March 13, 2012 (b) where the application involves a change or intensification of use that may have potential impacts on adjacent property owners. (3) Default: In the event that the applicant fails to comply with the provisions of this section, and complete the required improvements, the Town Board may thereupon declare the said guaranty of performance (i.e., performance bond, letter of credit, or other equivalent security) in default and collect the stun remaining payable thereunder; and upon the receipt thereof, the Town shall install such improvements as are covered by such security and as commensurate with the extent of building development that has taken place on the property. Where the cost of the improvements exceeds the forfeited security, the additional cost, including, but not limited to, any legal fees incurred, shall be and constitute a lien upon the land upon which the improvements are to be made and shall be included in the levy against such property. Within 10 days of final approval, a copy of the endorsed site plan shall be sent to: (1) The Building Department. (2) The Town Engineer. (3) The Town Trustees, when applicable. (4) The Highway Department. (5) The Zoning Board of Appeals, when applicable. The Planning Board shall have the right to deny the proposed site plan for lack of compliance with the provisions of the Town Code, The Planning Board shall notify the applicant, in writing, within 10 days of such determination, of the reasons for such denial. §280-132. Duration of plan. A. An approved site d~ plan shall be valid for a period of t~ccc ycar: 18 months from the date of approval. All work proposed on the plan shall be completed within t~rec years 18 months from the date of approval unless a longer period was approved or the applicant obtains an extension from the Planning Board. However, all terms and conditions of any approved site plan or approved amendment are immediately enforceable and compliance is required prior to the commencement of the approved use, unless the Planning Board expressly states an alternative period of time for compliance within the site plan approval. B. All site plans which have received final approval prior to the enactment of this article shall remain valid for a period of three years from the date of such enactment. This period will begin when all governmental approvals have been obtained. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Generated March 14, 2012 Page 19 Southold Town Board - Letter Board Meeting of March 13, 2012 Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER: William Ruland, Councilman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell Generated March 14, 2012 Page 20 MARTIN D. FINNEGAN TOWN ATTORNEY martin.finnegan@town.southold.ny.us JENNIFER ANDALORO ASSISTANT TOWN ATTORNEY j ennifer.andaloro@t own. southold.ny.us LORI M. HULSE ASSISTANT TOWN ATTORNEY lori.hulse@town.southold.ny.us SCOTT A. RUSSELL Supervisor Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM To: From: Date: Subject: Ms. Elizabeth A. Neville, Town Clerk Lynne Krauza Secretary to the Town Attorney March 13, 2012 LUSite Plan Amendments - SEQRA For your records, I am enclosing the original, fully executed Short Environmental Assessment Form in connection with the referenced matter. We have retained a copy of this document in our file. Also enclosed is a copy of the resolution authorizing Scott to sign same. If you have any questions, please do not hesitate to call me. Thank you for your attention. /Ik Enclosures 617,20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 1. APPLICANT/SPONSOR [2. PROJECT NAME . Town of Southold / Amendments to Chapter 280, Zoning, Site Plan Approval 3. PROJECT LOCATION: Municipality Southold County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) Jurisdictional limits of the Town of Southold 5. PROPOSED ACTION IS: [] New [] Expansion [] Moditicetion/alteration 6. DESCRIBE PROJECT BRIEFLY: A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Site Plan Approval to clarify language on activities on site prior to site plan approval, require performance guarantee requirements for approved s site plans and amends time of site plan validity to 18 months. 7. AMOUNT OF LAND AFFECTED: initially NA acres Ultimately NA acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No If No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Industrial [] Commercial [] Agriculture [] ParkJForest/Open Space [] Other Describe: NA 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes [] No If Yes, list agency(s) name and permit/approvals: Yes, the New York Department of State. 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] No If Yes, list agency(s) name and permit/approvals; NA 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? [-"~ Yes I CERTIFY/I~T THE INFORMATION PROVIDED ABOV~E IS TI~U[~ TO THE BEST OF MY KNOWLEDGE Applicant/sponsorname: ,f~r',~-,~L,cjKT~,% ~ .~'~rD c.,(~-/.,,~ (-~ ~/~/ Date: January23,2012 Signature: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with 'his assessment OVER PART II - IMPACT ASSESSMENT (To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and uso the FULL EAF. B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If NO, a negative declaration may be superseded by another involved agency. [--']Yes [~No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noiso levels, existing trettic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain hdc§y: None C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: None C3. Vegetation or fauna, fish, shellfish or wildlife species, signh3cent habitats, or threatened or eedangemd species? Explain briefly: None C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Ex,)lain briefly: None C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: None C6. Long term, short term, cumulative, or other effects not identified in C1-C57 Explain briefly: None C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly: None D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? [] Yes~['~ No If Yes, explain briefly; E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No If Yes, explain brietiy: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irraversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materiats. Ensure that explenations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. ] Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. [] Check this box ifyou have determined, based on the information and analysis above and any supborting documentation,that the propceed action WILL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasor~s supporting this determination Town of Southold Town Board Scott~ussell Name of Lead Agency -~ Signature of Responsible Officer in Lead Agency JanuaiT 23, 2012 Date Supervisor Title of Responsible Officer RESOLUTION 2012-176 ADOPTED DOC ID: 7604 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-176 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 14, 2012: RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed "A Local Law in relation to Amendments to Chapter 280~ Zoning~ in connection with Site Plan Approval" is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith, and is consistent with the LWRP pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfrom Consistency Review. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED IUNANIMOUS] MOVER: Christopher Talbot, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell MARTIN D. FINNEGAN TOWN ATTORNEY mar tin.finnegan@town.southold.ny.us JENNIFER ANDALORO ASSISTANT TOWN ATTORNEY jennifer.andaloro@town.southold.ny.us LORI M. HULSE ASSISTANT TOWN ATTORNEY lori.hulse@town.southold.ny.us SCOTT A. RUSSELL Supervisor Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD To: From: Date: Subject: MEMORANDUM Ms. Sandi Berliner Lynne Krauza Secretary to the Town Attorney March 8, 2012 LL/Site Plan Amendments - SEQRA I am enclosing an original Shod Environmental Assessment Form ~n connection with the referenced matter. A copy of the resolution authorizing Scoff to sign this document is also enclosed. In this regard, kindly have Scott sign this form in both places where indicated and return to me for processing. Thank you for your attention. If you have any questions, please do not hesitate to call me. Ilk Enclosures cc: Ms. Elizabeth A. Neville, Town Clerk 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only · ART I - PROJECT INFORMATION (To be completed by A])plicant or Project Sponsor) 1. APPLICANT/SPONSOR |z PROJECT NAME . Town of Southold / Amendments to Chapter 280, Zoning, Site Plan Approval 3. PROJECT LOCATION: Municipality Southold County Suffolk 4. PRECtSE LOCATION (Street address and road intersections, prominent ~andmarks, etc,, or provide map) Jurisdictional limits of the Town of Southold 5. PROPOSED ACTION iS: [] New [] Expansion [] Uodi§cati0n/alteraben 6. DESCRIBE PROJECT SRIEFLY: A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Site Plan Approval to clarify language on activities on site prior to site plan approval, require performance guarantee requirements for approved s site plans and amends time of site plan validity to 18 months. 7. AMOUNT~.~)~F LAND AFFECTED: Initially '"~ acres Ultimately NA acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No If No, describe beefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Industrial [] Commercial [] AgficuJture [] Park/Forest/Open Space [] Other Describe: NA 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes ~] No If Yes, list agency(s) name and permit/approvals: Yes, the New York Department of State. 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] No If Yes, list agency(s) name and permit/approvals: NA 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ['-[Yes I'~No I CERTIFY THAT THE INFORMATION PROVIDED ABOV~E IS TF)U~ TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: ,~, ~/~c,) .e~ ,e~ ._~',s,~ /~1"~'~'~ 4'~ //~/ Date: Janual3~ 23, 2012 Signature: I I If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment ~ OVER 1 P.~RT II - IMPACT ASSESSMENT (To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and uso the FULL EAF. I--'lYes I?']No B. WILL ACTION RECEIVE COORDINATED REVIEWAS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a negative declaration may be superseded by another involved agency. ~]Yes I~]No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain bdefiy: None C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: None C3. Vegetation or fauna, fish, shellfish or wildEfe species, significant habitats, or threatened or endangered species? Explain briefly: None C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? E.~plai n briefly: None C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: None C6. Long term, short term, cumulative, or other effects not identified in C1 -C57 Explain briefly: None C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly: None D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? [] Yes~r~ No If Yes, explain briefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No If Yes, explain bhefly: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. ] Chec~ this box if you have identified one or more potentially la~le or significant adverse Impacts which MAY occur. Then proceed directly to the FULt EAF and/or prepare a positive declaration. [] Check this box ifyou have determined, based on the information and analysis above and any supporting documentation, that the pr°psoed acti°n WILl NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons suppo~ng this determination Town of Southold Town Board January 23, 2012 Sco /l ussellt(~ Name of Lead A~ency Date Supervisor Print or Type Name of Responsible Officer in Lead Agency '~tie of Responsible Officer RESOLUTION 2012-176 ADOPTED DOC ID: 7604 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-176 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 14, 2012: RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed "A Local Law in relation to Amendments to Chapter 280~ Zoning~ in connection with Site Plan Approval" is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith, and is consistent with the LWRP pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Talbot, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Talbot, Doherty, Kmpski Jr., Evans, Russell SOUTHOLDTOWNBOARD PUBLIC HEARING February 14, 2012 7:32 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman Albert Krupski, Jr. Councilman William Ruland Councilman Christopher Talbot Councilwoman Jill Doherty Town Attorney Martin Finnegan Deputy Town Clerk Linda Cooper This hearing was opened at 8:05 PM COUNCILMAN TALBOT: NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 17th day of January, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280~ Zoning~ in connection with Site Plan Approval" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 14th day of February, 2012 at 7:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280~ Zoning~ in connection with Site Plan Approval" reads as follows: LOCAL LAW NO. 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280~ Zoning~ in connection with Site Plan Approval". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. To provide for the health, safety and welfare of the citizens of the Town of Southold, it is necessary to make certain amendments to Article XXIV "Site Plan Approval" of Chapter 280. These amendments are intended to codify and clarify existing policies, site plan objectives and approval requirements and procedures. Site Plan Approval Amendments Public Hearing 2 February 14, 2012 II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-127. Applicability. 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, § 280- 13A(1), and customary nonagricultural accessory uses to a single-family residential home use as stated in the Town Code. Any change in use or 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 dovol~mmmt- 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. §280-128. Findings of fact; purpose. The Town Board wishes to protect the unique rural and open space character of the Town and hereby finds that development within the Town, exclusive of the Incorporated Village of Greenport, should proceed along the lines of good order and with due regard to the public interest, including but not limited to the following: exterior design of new or renovated structures and portions thereof; the construction and location of parking areas, whether or not accompanied by new building construction; changes in the use of existing structures; the use of open land; and that the proposed site use would impact beneficially on the well-being of the population in general, increase the Town's tax base and facilitate the local economy. B. It is the purpose of this article to encourage good design and to: O) Protect the established character and value of the adjoining properties, both public and private, and of the neighborhood in which they are located. (2) Lessen and, where possible, prevent traffic congestion on the streets and highways upon which the site fronts or which provide vehicular or pedestrian access thereto. (3) Prevent overcrowding of land or buildings. (4) Secure safety from fire, flood and other dangers and provide adequate light, air and convenience of access. (5) Mitigate the environmental impacts of new development on the land, air and water resources. Site Plan Approval Amendments Public Hearing February 14, 2012 §280-129. Objectives. In considering and acting upon site d~vehvpm~ plans, the Planning Board shall take into consideration the public health, safety and welfare, the economic impact and the comfort and convenience of the public in general and the residents of the immediate neighborhood in particular and 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 this chapter and the accomplishment of the following objectives in particular: Traffic access: that all proposed traffic accessways are adequate but not excessive in number; adequate in width, grade, alignment and visibility; are located in proper relationship to intersections, pedestrian crossings and other places of public assembly; and, further, are in conformance with overall traffic safety considerations. Other public agencies may require further improvements above and beyond the Town's requirements. Roadway improvements not directly in front of the site may be necessary and required, based on overall traffic circulation and signalization of adjacent access points and streets. Interior circulation and parking: that adequate off-street parking and loading spaces are provided to satisfy the parking needs of the proposed uses on site and that the interior circulation system is so designed to provide convenient access to such spaces consistent with pedestrian safety, and, further, that loading areas shall not impede the flow of interior pedestrian and vehicular traffic and that for certain uses, adequate interior roadways are provided to confine operations to the site. Handicap accessibility shall be provided and placed at the nearest point to the proposed structure. Landscaping and screening: that all parking, service and similar areas are screened at all seasons of the year from view of adjacent residential districts and streets and that the landscaping of the site complements the intended use. Existing trees of at least six inches or more in diameter measured three feet above the base of the trunk shall be retained to the maximum extent possible. D. Natural features: that high priority shall be given to: (1) The conservation of all natural features on and adjacent to the site, including but not limited to natural drainage-courses, fresh- and saltwater wetlands and marshes, dunes, bluffs, beaches, escarpments, woodlands, large trees, unique plant and wildlife habitats, flood hazard areas and wildlife breeding areas. (2) pollutants. The protection of ground- and surface water from contamination by (3) The protection of air quality. Site Plan Approval Amendments Public Heating February 14, 2012 4 Pavement: that all other paved areas intended for use by pedestrians and vehicles shall make use of an aesthetically pleasing and safe combination of pavements and plant materials which would serve to encourage their use by pedestrians and vehicles. Lighting: that all outdoor lighting shall be of such a nature and so arranged as to minimize the projection of direct light and glare onto adjoining properties and streets. Outdoor lighting shall be compatible with the intended use and also the zoning district, particularly in or adjacent to residential zones. Public address intercom or sound systems: that any sound or public-address system shall be located to minimize sound to adjoining properties or on the adjacent street. Grading and drainage: that all site developments shall respect existing grades on site and on adjoining sites to avoid unnecessary excavation or filling and that all stormwater runoff generated on site will be retained on site in an environmentally acceptable manner. All grading and drainage plans must meet with the requirements of the Town Engineer and/or Superintendent of Highways. Public utilities: that plans for water supply and sewage disposal, cable, telephone, electricity, gas, etc., shall be considered and included in this section and shall conform to such public requirements and standards as may exist. Existing development and Comprehensive Development Plan: that the development proposed is at a scale consistent with existing development and with the Comprehensive Development Plan of the Town of Southold. Architectural features: that the natural features of the site and surroundings, exterior design and appearances of existing adjacent structures and the character of the district are evaluated in accordance with the architectural standards set forth in this chapter. [Amended 5-15-1995 by L.L. No. 7-1995] Handicapped access: that the site plan and building design shall accommodate the needs of the handicapped and be in conformance with the applicable state and local standards concerning the same. ARTICLE XXIV~ Site Plan Approval §280-130. Approval of site plan required. After the filing of an application for a building permit, the Building Inspector shall make a determination as to whether a site plan or an amendment thereto is required, and this written determination shall be forwarded to the Planning Department for comment. The Planning Department must provide written comments on this determination to the Building Inspector within five business Site Plan Approval Amendments Public Hearing February 14, 2012 days, or be deemed to have waived the opportunity to comment. After review of comments, or after the time period for comment has elapsed, the Building Inspector shall issue a final determination to the applicant, which shall in no event be more than 15 business days from the filing of the application. Such determination shall also include a written decision as to whether the proposed use is permitted and whether a special exception is required from the Zoning Board of Appeals. No building permit shall be issued for any structure or building for which use a site plan is required pursuant to this chapter, until, if required, an approved site ~;'c!c, pment plan or approved amendment of any such plan has been secured by the applicant from the Planning Board and presented to the Building Inspector, along with all necessary approvals and permits as may be required by other public agencies. [Amended 5-15-1995 by L.L. No. 8-1995; 3-9- 2004 by L.L. No. 8-2004; 12-14-2004 by L.L. No. 25-2004] No regrading, clearing, tree removal or any other work ' ' useqy~4~, except limited clearing needed to undertake survey work or soils investigations, may take place or ~: p:m2tt:~ ta t~'e place until the site plan has been approved by the Planning Board or the Planning Board authorizes such work in writing. No certificate of occupancy shall be issued for any building, structure, premises, lot or use of land covered by this article unless the structure has been completed (whether the structure is being constructed, renovated, reconstructed, altered, moved or put into use), and the site is developed in accordance with an approved site d~qopm~ plan or approved amendment of any such plan. Upon request of the owner or his authorized agent for a certificate of occupancy, the Building Inspector shall issue the certificate, provided that said Building Inspector, along with the Planning Board, shall find that such building or structure and site is in conformity with the approved site plan. After a certificate of occupancy is issued, there shall be no exterior alterations of a building that expand the footprint or any revisions of the site or changes of use without first obtaining Planning Board approval. Failure to obtain site plan approval shall be a violation of this article and shall be subject to such penalties as are set forth in § 280-155 of this chapter. [Amended 6- 7-2005 by L.L. No. 8-2005] Failure to comply with a term or condition of an approved site plan shall be a violation of this article and shall be subject to such penalties as are set forth in § 280-155 of this chapter. The Planning Board shall retain jurisdiction and shall have the right, after a public hearing, to modify, suspend or revoke such approval or any term or condition thereof or to impose thereon one or more new conditions, based upon one of the following grounds: Site Plan Approval Amendments Public Hearing February 14, 2012 (1) False statements or mistake of material fact: materially false or inaccurate statements in the application, supporting papers or supporting testimony or ignorance or misunderstanding of a material fact by the Planning Board, which fact, had it been known to the Board at the time of its review, would have resulted in a denial of the approval sought. (2) Non-compliance with the terms and conditions of such approval: failure of the applicant-permittee to comply with any conditions or terms of approval. (3) Activity beyond such approval: exceeding the scope of the activity, use or project as the same was described in the application. Any use that has received site plan approval by the Planning Board shall not be commenced unless the Planning Board issues a written certification that all terms and conditions set forth in the site plan approval have been met. Failure to comply with a term or condition of site plan approval prior to commencement of the approved use shall be a violation of this article and shall be subject to such penalties as are set forth in §280-155 of this chapter. Upon recommendation of the Planning Board and approval of the Town Attomey, the Building Inspector may revoke an existing certificate of occupancy upon a showing that the subject premises is being occupied or used in violation of an approved site plan and may direct that such occupancy or use be discontinued. The Town Attorney is authorized to commence proceedings in a court of appropriate jurisdiction to restrain said use or occupancy. [Amended 6-7-2005 by L.L. No. 8-2005] {}280-131. Review procedure. Presubmission conference. Prior to the submission of a site develzpment plan, the applicant or his agent shall meet with the Planning Board or its representative. The purpose of such conference shall be to discuss proposed uses or development plan elements that shall be submitted to the Planning Board in order for said Board to determine conformity with the provisions and intent of this article. Said meeting shall take place within 30 calendar days from the date of written request therefor. Site dcvc!c, pment plan. Nine copies of the site d~o~qopmem plan application and any related information as defined during the presubmission conference shall be submitted to the Planning Board within four months of the presubmission conference. Ifa site ~ plan application is not submitted within four months following a presubmission conference, another conference may be required by the Planning Board. (1) Within 10 business days of receipt of the application, the Planning Board Site Plan Approval Amendments Public Hearing 7 February 14, 2012 shall determine whether to accept, reject or request revision of the application. (2) If the Planning Board determines said application to be acceptable but in need of revision, it shall notify the applicant, in writing, wherein said application is deficient within 30 calendar days. (3) Within the thirty-calendar-day period from receipt of the application, the following shall also take place: the site plan reviewer (or other delegate of the Planning Board) shall hold a joint meeting with a representative of the Building Department authorized to review building plans, for the purpose of making a joint recommendation as to whether the site plan application complies with all applicable zoning regulations or whether any variances are required from the Zoning Board of Appeals; that recommendation shall be forwarded to the Building Inspector, who shall either endorse or revise that recommendation; and in the event the Building Inspector's zoning determination indicates that a variance is required, the site plan reviewer (or other delegate of the Planning Board) shall so inform the applicant; and in the event the applicant wishes to proceed with the application as submitted, the Building Inspector shall issue a notice of disapproval at that time. This procedure shall also apply to any amendments to the site plan application. (4) In the case of a variance or special exception application requiring site plan approval, the site ~c;'c!z~mer2 plan application shall be subjected to preliminary review and written comments by the Planning Board within 60 days of such request by the Board of Appeals. (a) In no case may the Planning Board grant site plan approval prior to the issuance of a special exception by the Zoning Board of Appeals, if such is required. Before the Planning Board can approve any application for the amendment ora use or structure for which a special exception was granted, the applicant must obtain permission from the Zoning Board of Appeals to expand or otherwise alter or change either the use or the structure. (5) The Planning Board may vary or waive parking requirements, provided that such change will not have a detrimental effect on the public health, safety or general welfare and will not have the effect of nullifying the intent and provision of this chapter. (a) The Planning Board may allow or require landscaping to be installed in place of specified parking spaces. Site Plan Approval Amendments Public Heating February 14, 2012 (b) On any site for which the Planning Board grants approval for less than the required number of spaces for that use, the Planning Board shall have the right to review the parking requirements again ifa change of use is proposed. (6) Review of a new site plan for a lot on which an approved site plan already exists shall not proceed until the approved plan is withdrawn by the applicant. When the Planning Board determines said application to be acceptable, it shall, within 10 business days of such determination, distribute said application and documentation to the Town, county and state agencies having jurisdiction, for their comment. Such referral shall include a referral to the Architectural Review Committee. The Architectural Review Committee :kal! may make a written recommendation to the Planning Board on the site plan within 10 business days of receipt of the referral. If the Committee fails to make a recommendation within this time period, the project shall proceed to the Planning Board for consideration without Committee review. Notwithstanding the foregoing, applications involving only structures requiring review by the Historic Preservation Commission for a certificate of appropriateness under Chapter 170, Historic Landmark Preservation Law, of this Code shall not also be referred to the Architectural Review Committee for review. [Amended 2-13-2007 by L.L. No. 6-2007] Upon receipt and review of written comments from each of the agencies to which the proposed site plan was distributed, the Planning Board shall, within a reasonable period of time, not to exceed 30 days, determine whether to require revisions to the proposed plan. No decision on the application shall be made until the State Environmental Quality Review ActEN process is completed. After the Planning Board has determined that the proposed site plan is suitable for approval, it shall: (1) Forward the plan to the Building Inspector for final review and certification. (2) Forward the plan to the Fire Commissioner of the fire district within which the site is located for a determination as to whether a fire well is needed and, if so, its location. (3) Notify the applicant, in writing, to make an application for the appropriate curb cut permits. (4) Submit the proposed site plan to the Suffolk County Planning Commission in accordance with the provision of the Suffolk County Charter, if Site Plan Approval Amendments Public Hearing 9 February 14, 2012 necessary. Upon receipt of the Building Inspector's certification, the Fire Commissioner's response, the curb cut permits and the comments of the Suffolk County Planning Commission, the Planning Board shall place the site plan on the agenda of the next regularly scheduled public meeting. The Planning Board shall hold a public hearing to consider the application. Notice shall be provided pursuant to Chapter 55, Notice of Public Heatings. Notwithstanding this requirement, with respect to applications involving modifications to existing structures with no substantial change to the existing footprint, where the Planning Board determines that such modifications or any change in use will not require significant changes to existing major site design features, as well as applications involving uses strictly related to agriculture (but excepting retail winery operations), the Planning Board shall have the discretion to waive the public heating requirement and may act on such application by filed resolution at a duly noticed public meeting. Prior to the Planning Board's endorsement of the site plan, the applicant must sign a statement placed on the site plan indicating his/her knowledge and acceptance of the conditions of approval. Amendments to an existing site plan may be acted upon in the same manner as a new site plan. Code. Guaranty of Performance (1) Public Improvements: A guaranty of performance may be required for all public improvements as part of the conditions of approval. Ifa guaranty of performance is required, the provisions of Article IX, Bonds and Other Security, shall apply. (2) Other on-site improvements including, but not limited to, securing the property, buffers, landscaping and/or screening: A guaranty of performance may be required for on-site improvements as part of the conditions of approval under the following circumstances: (a) where the application involves a commercial property that abuts or is across any public or private street from a residential property. (b) where the application involves a change or intensification of use that may have potential impacts on adjacent property owners. Site Plan Approval Amendments Public Hearing 10 February 14, 2012 (3) Default: In the event that the applicant fails to comply with the provisions of this section, and complete the required improvements, the Town Board may thereupon declare the said guaranty of performance (i.e., performance bond, letter of credit, or other equivalent security) in default and collect the sum remaining payable thereunder; and upon the receipt thereof, the Town shall install such improvements as are covered by such security and as commensurate with the extent of building development that has taken place on the property. Where the cost of the improvements exceeds the forfeited security, the additional cost, including, but not limited to, any legal fees incurred, shall be and constitute a lien upon the land upon which the improvements are to be made and shall be included in the levy against such property. L. Within 10 days of final approval, a copy of the endorsed site plan shall be sent to: (1) The Building Department. (2) The Town Engineer. (3) The Town Trustees, when applicable. (4) The Highway Department. (5) The Zoning Board of Appeals, when applicable. The Planning Board shall have the right to deny the proposed site plan for lack of compliance with the provisions of the Town Code, The Planning Board shall notify the applicant, in writing, within 10 days of such determination, of the reasons for such denial. {}280-132. Duration of plan. An approved site d~ plan shall be valid for a period of-t~ 18 months from the date of approval. All work proposed on the plan shall be completed within t~ 18 months from the date of approval unless a longer period was approved or the applicant obtains an extension from the Planning Board. However, all terms and conditions of any approved site plan or approved amendment are immediately enforceable and compliance is required prior to the commencement of the approved use, unless the Planning Board expressly states an alternative period of time for compliance within the site plan approval. All site plans which have received final approval prior to the enactment of this article shall remain valid for a period of three years from the date of such enactment. This period will begin when all governmental approvals have been obtained. Site Plan Approval Amendments Public Hearing 11 February 14, 2012 IlL SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. I have a notice that it was placed on the Town Clerk's bulletin board on January 25, 2012, that it was posted in the Suffolk Times on February 2, 2012. A letter from Suffolk County Department of Planning, Chief Planner Andrew Freleng 'Pursuant to the requirements of section A14-14 through A14-25 of the Suffolk County Administrative code, the above referenced application which as been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant county wide or inter-community impact. A decision of local determination should not be construed as either an approval or disapproval.' I have a letter from Donald Wilcenski, Chairman of the Planning Board, 'Thank you for the opportunity to provide comments on the proposed amendments to the town code referenced above. The Planning Board has reviewed the proposed amendments and supports the changes.' A letter from Mark Terry, Principal Planner, 'The proposed local law has been reviewed to chapter 268, waterfront consistency review of the Town of Southold town code and the local waterfront revitalization program (LWRP) policy standards. Based upon the information provided to this department as well as the records available to me, it is my recommendation that the proposed action is consistent with the LWRP policy standards and therefore is consistent with the LWRP. Pursuant to chapter 268, the Town Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action.' And then just the short environmental assessment review form listed as unlisted actions and that is it. SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on this particular local law? Pat? PATRICIA MOORE: I am going to start wearing crazy hats soon, I am here so often. I guess to begin with, on February 14th, happy Valentine's day. I guess I don't have a life, my significant other, my husband, is waiting for a date, so here we are. This proposed local law to me is the nuclear option for what I think are relatively infrequent circumstances. And I thought that I understood the purpose of this law and it was for site plans that maybe stopped midway through the process, particularly in residential areas and that, that purpose my concern was that there are circumstances that are way beyond anyone's control. You could have a death, you could have financial issues, there are Site Plan Approval Amendments Public Heating February 14, 2012 12 multiple endless issues why a site plan might not be able to proceed. And what you're proposing here is going to be so excessive and so costly for any business to go through. Again, I guess to me it is the nuclear option. It is that you are imposing or giving the right of the Planning Board to impose conditions that are going to significantly affect the financial viability of going through a site plan process and being able to afford, to actually build out. I want to address some of the sections specifically and I would so like to come to a meeting where the site plan process you are trying to impose, streamlining and let's put timelines on site plan process, it seems that all we are trying to do these days is impose more regulations, the stormwater law, I understand the rationale behind it but this is really, there is a lot here that quite frankly I don't understand the impetus for it. but to begin with, you have this section G which to me is so, I guess more specifically problematic because it seems that you are never going to vest any rights to your site plan for whatever reason, if the Planning Board believes that and I will read the language because some of it I understand, the other parts I just say what? It says that the Planning Board shall retain jurisdiction and shall have the right after public heating to modify, suspend or revoke such approval or any term or condition thereof or to impose thereon one or more new conditions based on the following grounds and then you start off with the first ground being, understandably, false statements or mistake of material fact, materially false or inaccurate statements in the application, supporting papers or supporting testimony. Honestly, I don't think that that situation exists and it can be, you go through a site process, it takes years and most people I think, at least my experience are forthright and to their disadvantage, sometimes they are too honest about what their hopes are for a business and in reality they are site planning for the worst case scenario when most of the business out here hope that they will financially grow into a site plan. But then it continues and it says, or ignorance or misunderstanding of a material fact by the Planning Board which fact had it been known to the Planning Board at the time of its review would have resulted in denial of an approval sought. What? They are looking back and saying, well, ifI had thought that, I wouldn't have approved that. so are we, we are reopening the whole site plan process to see, that people have gone through an exorbitant time frame, an exorbitant expense to get through a site plan process and lo and behold, somebody comes up with something that they feel should have been addressed and wasn't, whether it could be a neighbor that feels that the Planning Board didn't do their job on some issue or the Planning Board comes up with something, you get a new member or whatever and they have a particular pet peeve about a particular project and you are going back and Monday morning quarterbacking the actions of either a previous Board or that particular Board's deliberations and process. This is after they have gone through in reality, many years to get to site plan approval. Then there is, so that paragraph in and of itself is extremely problematic for me. Then the other provision for essentially suspending, modifying or revoking an approved site plan is non-compliance with the terms and conditions of the approval, failure of the applicant permittee to comply with any conditions or terms of approval. Well, you have a process for that. it is called code enforcement and it is called, and it is conditions of whatever approval, it can go through the typical justice court process and that is what the process is today, you don't need this law to implement it. then finally it is activity beyond such approval exceeding the scope of the activity, use or project as the same was described in the application. Well, now they are going to reach, again, retroactive trying to, you know, Site Plan Approval Amendments Public Hearing February 14, 2012 13 read the bubble over Board members heads when they were approving it and essentially you are turning the Planning Board into mini building inspectors because now they are all going to individually, they act as a board, five members, but individually they can all feel well, you know, it exceeds the scope of the activity use for a project as it was described in the application, let alone the fact that businesses have ebbs and flows of normal growth and the business acumen of the owner, so you can certainly have over the years the growth of businesses and the decline of businesses and we hope that we will be supportive of our local businesses but here again, you are now creating this caveat for when you get an approval that you could be subject to the whims and the review of a Board long after you have gotten your approval. COUNCILMAN KRUPSKI: But isn't that, I am sorry, isn't that the case, can't the, Martin I am going to ask you a question. Is it the case, can the Planning Board now after granting approval, can they waive certain portions of it to let people gain a CO and operate before all conditions are met? TOWN ATTORNEY FINNEGAN: Now? COUNCILMAN KRUPSKI: Yes. TOWN ATTORNEY FINNEGAN: No, because the Planning Board doesn't have the ability to (inaudible). That is the whole point of this. There are circumstances right now that several (inaudible) SUPERVISOR RUSSELL: I am also going to take exception to the fact that the planning process, actually we have been streamlining it, I think it probably is more efficient now than it has been in two years. I will give you two cases in point, the 7-Eleven went very quickly... MS. MOORE: Oh, no. That was a three or four year process. I was the attomey. SUPERVISOR RUSSELL: From the application? I know. From the application date, I will review the application file with you. MS. MOORE: No, no, no. That went through three sets of applications and two Zoning Board heatings. SUPERVISOR RUSSELL: The specific application for 7-Eleven, the specific application for a 7-Eleven. That was the review process. MS. MOORE: But that is after it had gone through two prior ones, one for a gas station with .... SUPERVISOR RUSSELL: Entirely different uses. MS. MOORE: A car wash and ..... Site Plan Approval Amendments Public Heating 14 February 14, 2012 SUPERVISOR RUSSELL: Entirely different uses. MS. MOORE: Okay. SUPERVISOR RUSSELL: Secondly, we have a proposal now for the adaptive reuse of the Lucas Ford in Peconic, which they waived site plan on. So I think there is a Planning Board that understands this. This isn't meant to apply to every case but there are certain issues that need to be addressed. People who start a site plan, start it at the construction and then stop because of a landlord tenant dispute and subject the community to .... MS. MOORE: That is what I thought is the purpose of this but after reading your unsafe buildings, it looks like that's actually more applicable than this process. What you are doing is for that one scenario which realistically we are talking about one in a thousand... SUPERVISOR RUSSELL: There are many more than that. MS. MOORE: Well, but, I understand your, you know but there is, there is the carrot on the stick. This is more than the stick, this allows for extreme abuse of the process. And unfortunately I have witnessed abuse of process over the 25 years on different Boards and not to speak ill of any one Board because I know everyone is well meaning. Seriously I like everybody on the Board and I know everybody is well meaning but there are times when they get community pressure or they have a difference of opinion then they, you know, a property is zoned a certain way but that's not, but they don't like it. and I have seen how projects that were you know, properly zoned, they were going through the process and there was scouring through the code for a way to have it denied. So you are just creating more ammunition for essentially, you know, you have to remember people buy property that is zoned properly and expect to build out the property and already the site plan process, you know, I beg to differ, is not a streamlined, expeditious process. SUPERVISOR RUSSELL: No, we have a long way to go but we have certainly come a long way. MS. MOORE: Listen, I thought it was great what was done with the Lucas Ford, that was a no brainer but the Planning Board said well, we will let you operate your processing but if you start doing tasting, well, you have got to come in for site plan so it was a very narrow approval that realistically you have got a car dealership... SUPERVISOR RUSSELL: Actually, the owner that is proposing that actually happens to be a friend of mine who thought it was a, he was given broad license by the Planning Board to allow him to start producing on site so he can have money to invest in the .... MS. MOORE: I thought that was wonderful. SUPERVISOR RUSSELL: That is exactly how that process should work. Site Plan Approval Amendments Public Hearing February 14, 2012 15 MS. MOORE: That is exactly how the process but that is quite frankly, one in a thousand, okay'?. For as many, you know, are going through a much more rigorous and difficult process, that was a wonderful example. I give credit for the Planning Board for really being reasonable in that instance and very appropriate. So I commend the Planning Board for that. what I am concerned with is the, what is being imposed in this regulation and the ability of mischief, I think you have used in the past, for you know, how it can be misapplied and misused. Not necessarily with this Board but with future Board's. so let me continue with my comments. I don't see a lot of people here for this because it is February 14th and I am sure that businesses have, you know, particularly restaurants, that they have a lot of activity today. Okay. Then we go into our, that any use that receives site plan approval by the Planning Board shall not be commenced unless the Planning Board issues a written certification that all the terms and conditions have been approved. Well, oftentimes, you are dealing with, if you are dealing with a new enterprise that is one thing but you may be dealing with an existing business that is getting site plan approval for the first time or having it modified and it is an ongoing business. Oftentimes and I can tell you, you know, a couple of times recently where let's say that the Planning Board or staff goes out to do an inspection. They say, well, we notice that this shrub is missing, okay? The Board meets once a month. That holds up the process, there may be a discussion with the owner, okay, guys you have got to do this, you have got to do that. that carries over to the second month. So all of that period of time, with this provision, that property is held up from opening because of some issue that the Planning Board says you are not complying in very strictly with the conditions of the site plan. COUNCILMAN KRUPSKI: Do you have any examples? Because you make the Planning Board sound really unprofessional and indifferent. MS. MOORE: No, no. Please, these are not intended to be critical of the Board members, what I am saying is, sure I can give you an example where you had a gas station that was going through final site plan approval and it was, it went through several inspections of various little things that might have been required that you know, the owner had to get done all during that time. This town would have been without a gas station had it been required to close up all through that period of time. So if that law was in the books at the time and this was an existing gas station that had done some improvements, so it got site plan approval. So that process took several months to get through a final CO, partly the owner, partly the, you know, so I won't blame the Planning Board but the process itself of getting that sign off, takes several months. SUPERVISOR RUSSELL: I don't believe the Planning Board would stop the use of an existing operation. It's the expansion of the operation, for instance, if that gas station had a convenience store. The gas, you can still pump the gas but to have the convenience store, you have to comply with the site plan process otherwise, why bother having it? they don't reach back and extinguish existing uses that are permitted under the code. It's the expansion or those new uses that are being introduced to the site. MS. MOORE: Okay. I understand the logic of that and I would hope that that's the way it is applied but that is not the way this is written. So, and again, you rely on a lot of Site Plan Approval Amendments Public Heating February 14, 2012 16 common sense applications but things happen. Alright, here's the final kicker is the guarantee of performance paragraph K that has been added in and there was always a guarantee of performance that could be required for public improvements. Now there is going to be a requirement potentially that the Planning Board can impose to guarantee onsite improvements as condition of approval. So let's say that part of and it has two conditions for it, if it's across any public or private street from a residential property, it doesn't say residential zoning, it's residential property so if you happen to be in a business that has mixed use of residences and businesses, this is, you are going to be subject to this and where the application involves a change or intensification of use that may have potential impacts on adjacent property owners. There you have a very subjective analysis. So essentially pretty much any time that you are going through a site plan process, the Planning Board can require you to guarantee performance and this is where I thought you were trying to address the situation where a property goes through a landlord tenant dispute but I think it is more likely that you are going to have issues of financial problems where there has been either financing issues or other issues that could be death of family members and so on that could impact the build out of a property and now you are not only making the individual bond or put, or they can't get a bond because there are certain requirements to get a bond, you may have to use other form of security which would be a CD or letter of credit so in order to do that from the bank you have to give the bank the money, let's say it is a letter of credit, you are posting the money for the value of the improvement, getting a CD, giving it to the town. Now you are paying for the improvements twice, for the CD's that is been the guarantee of performance and then to build out the improvements that have been guaranteed with a performance bond or some other form of security. So this is a cost that is, that can be an extreme cost to particularly small businesses, most of the businesses that we have out here are small businesses and quite frankly, by the time they are all done with the stormwater prevention plan requirements and this provision, they are not going to have any money left. You are making it extremely difficult for properties, particularly existing businesses to upgrade. COUNCILMAN KRUPSKI: Well, that is actually one of the points that it mentions, screening and buffering for residential communities, to protect the neighbors in case the project isn't completed for whatever reason but one thing you brought up was the stormwater part and if a project is opened up next to any property whether it is commercial or residential and then the drainage really negatively affects the neighbor, there has got to be some recourse because you have got to protect .... MS. MOORE: That stormwater law does that .... COUNCILMAN KRUPSKI: But you have got to... MS. MOORE: It already does that. the stormwater law, because they have had to file a stormwater plan, the town engineer goes and says you either build out, prevent all the drainage from running off your property or you are going to have violations and the DEC will impose violations as well. So that is actually for drainage, the law .... COUNCILMAN KRUPSKI: But what happens .... Site Plan Approval Amendments Public Hearing February 14, 2012 17 SUPERVISOR RUSSELL: There have been circumstances where people have started the site plan process and then gone out and taken down trees and things. That's within the bailiwick of the Planning Board to decide what trees stay and which trees don't, that might not be a perfect process and certainly you have to balance property tights with the neighbors but certainly the Planning Board should have the right to say you know, when you come in for site plan, if we want these trees here, they ought to stay here. Don't come out one weekend and cut them down on this. Which happens. And I can give you example after example. MS. MOORE: Well, I know examples where the Planning Board actually went back and made people amend their site plans to put the trees back. I mean, I had a situation recently where there was an actual arborist, there were two trees that had to come down, they were rotted and there was a big, you know, hullabaloo about the removal of the trees and I sent the letter and said you know, this had to be done. Not that anybody wanted to remove trees, nobody ever wants to you know, generally most people don't want to remove trees because it is cosily. You know, to remove that tree is about a $500 bill every time you know, per tree. So nobody does it purposely. SUPERVISOR RUSSELL: I remember the Planning Board just asking you in a public heating about an applicant who had cut down trees. And you said they asked you why did the trees go and you said I had no idea. MS. MOORE: That was the one case. I ended up finding out from the client and we actually sent a letter. SUPERVISOR RUSSELL: There should be a process so that you come before the Planning Board and explain that to them. Not after the fact but before the fact. MS. MOORE: Well. After the fact. Well, the solution to that was that there was actually a requirement for additional landscaping. That is how the Planning Board ended up addressing that issue. Meanwhile, the client gave me the information as to why the trees had to be removed. Nobody seems to care at this point, the trees were removed. You know... SUPERVISOR RUSSELL: The Planning Board cares. That is why they had asked us to make some changes to the site plan application. MS. MOORE: I understand that but we seem to be going so far away fi'om people's property rights. At this point, don't do anything to your property while it is going through site plan, don't touch it. and honestly, that is excessive. So, but that is my belief as a property rights advocate. Finally, okay, 18 months for a site plan. That is so outrageous to me that I looked at the Brookhaven code for example. In Brookhaven code, you have the three years which is what we had unless a building permit is issued and substantial completion is commenced, then the site plan continues based on t hose improvements. It recognizes a vested right. It can take more than 18 months 99 percent of the time to get site plan approval. So it could take you 18 months to get the site plan, Site Plan Approval Amendments Public Hearing February 14, 2012 18 meanwhile, you finally have the site plan in hand and now you have got to go get your financing, get your contractors and so on. You are now reducing the timeline to 18 months? SUPERVISOR RUSSELL: I think we have the Planning Board has the authority to extend that as they see fit. Ad infinitum. MS. MOORE: Honestly, you should never .... SUPERVISOR RUSSELL: I am not sure I want to use Brookhaven as a template. MS. MOORE: Here it says 18 months from date of approval, all work proposed on the plan shall be completed within 18 months of date of approval unless a longer period, obviously you can extend the period of time. It seems to me that 18 months is extremely short period of time after they have spent thousands of dollars to get through site plan process. SUPERVISOR RUSSELL: All mitigating factors the Planning Board can consider on the extension. They have all the free fight and ability to offer extensions to all those applicants. MS. MOORE: Listen, this is a public hearing. I understand how you feel, I am letting you know how most of my clients would feel if I tell them that, okay, it took us two years generally to get through the site plan process, it is not just the Planning Board, it is Health Department and other agencies and then it is only good for 18 months. Particularly with today's climate of financial uncertainty and the ability to get financing. You know, and trying to keep track of these site plans, to go in and yes, even now at three years, we go in and ask to extend the site plans because quite frankly, the zoning hasn't changed and you have gone through all of the expense, shouldn't you at least honor the site plan that the person has? It may be that they can't afford to build it out, they may have to sell the whole project with the site plan with it. They are now going to recoup, hopefully, the cost of their investment of the site plan. This takes it away from them. So, you know, I think you should be, you know, just keep that in mind. You know, the, you should all have to go through a site plan process and then you will understand how important, you know, preserving your rights are to keeping that site plan in effect. I appreciate you listening to my comments. I did go item by item and I would hope that you would allow for people to send you comments. I hope they will, given that the date the 14th on an evening when most people have a life. Thank you. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board? Andy? ANDY BIENKOWSKI: Andy Bienkowski, Orient. Here on behalf of the Chamber of Commerce tonight. I will keep this brief, even though my Valentine is already asleep, so it is all good there. I would just like to reiterate a couple of things and like I said, I will keep this brief. I know Pat pretty much went point by point, on behalf of the business Site Plan Approval Amendments Public Hearing February 14, 2012 19 community what I would really like to see from the Town Board at this point is just take it slow. Make sure you are taking everything into consideration, consider the small, this Town Board especially has made it a point to say how they want to keep this community the way it is. Keep big business fi.om coming in. we don't want Wal-Mart, we don't want Target. Unfortunately, those are the people with money. Those are the people that can move fast, those are the people that can get things done. Here, not so. You know, we have got a lot of people trying to start businesses, keep businesses afloat that struggle financially, try/ng to make improvements, expand, do different things. They may run into struggles trying to meet some of the requirements and you know, like you said, there is always options to extend or to do things, so these are things that you are thinking about but I would just like to express to the Board to you know, think everything through clearly before we make any rash decisions. Think about that small person, you know the guy that you were just talking about with Lucas Ford, you were able to move things along for him and that is great you know, it is a local person, he is going to do business here in town, that is wonderful, you know. Glad to see it isn't Budweiser, you know? It is nice, you know. So like I said, just to keep it short and brief and not reiterate over and over again, just a reminder to the town, you know, remember all the little steps that have to go, remember the cost of everything it is going to take for someone to go through this process so before you make that final decision and though some of the things you may have in play may be great and may work out fantastic, I haven't had time to sit and read it point by point, just a reminder you know, think it through and make sure, you know, you have thought all of the processes out so that we don't hurt the people in this community anymore. We want to make sure we are still moving in that right direction and make things easy for them. Thank you very much. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on this particular local law? BENJA SCHWARTZ: Benja Schwartz, Cutchogue. Some of the things Pat Moore was saying made a lot of sense to me. I wonder if this new law isn't distorting the purpose and the process of the Planning Board. I think if you think about it, what the Planning Board does and how they do it, there is a big difference between that and what you all do as a Town Board. You all are a legislative body. The Planning Board, all they are is quasi judicial. Do you understand what that means? And how this goes in the wrong direction. I mean, are they sort of like judges or are they sort of like probation officers. Are they making final decisions or are they going to be keep maintaining jurisdiction throughout the life of whatever, you know. When you legislate zoning, you can change that at any time until the shovel is put in the ground, there is no legal vested interest to zoning. Never has been, never will be. That is not the way it works. But the decision of the Planning Board, they don't, their job is really not, they do different kind of planning than you do. Your planning legislative. That means you can just look at the broad picture and every little, everything that might influence the way you want the town to be and you can plan for that. The Planning Board, all they can look at, they can't look to the future really. Their job is to look at the present and the past, the specific case, the instance, to make a decision and to stick with it. now, you know, they can put conditions Site Plan Approval Amendments Public Hearing 20 February 14, 2012 on it but to allow them to retain jurisdiction and change their mind whenever they want, it is just not the way the system is supposed to work. COUNCILMAN KRUPSKI: I am not saying I disagree with you but this draft is written really with their recommendations. We didn't draft this, most of this came from their experience. MR. SCHWARTZ: Well, talking to you, maybe you will revise this draft to make it more along the lines of the way the separation of powers works or is supposed to work. SUPERVISOR RUSSELL: Inaudible. MR. SCHWARTZ: If the Planning Board makes a decision and it really doesn't work, there is a possibility the Town Board can at any time before the hammer starts swinging and hammer gtms start shooting these days, you know the Town Board can go in there and change the zoning. But once you've had a quasi legislative judicial body like the Planning Board review a case and make a decision, that decision should be final. COUNCILWOMAN DOHERTY: I just want to make one comment on this section that you are talking about. This is adding a section to the Planning code that is consistent with all the other codes, with the Trustees, with the Zoning Board. The Trustees and Zoning Board already have this in their codes. This is just making this more consistent throughout the whole code. So it is nothing new to the code itself, it is just not in the planning section now and that is what the Planning Board, how they saw it. they wanted to be consistent with the other codes. SUPERVISOR RUSSELL: It is also, they can't just change their minds, that is factually incorrect. That is not what the law says. There are certain circumstances under which a site plan was ill gotten, they have a right to say that is not what you asked for and that is how the process is supposed to work. MR. SCHWARTZ: They can say we didn't understand the case. Now how would you like it if the judge in the court could you know, say well, I am sorry about that you know and, alright, I am just going to tell a quick little anecdote. Recently one of my relatives was rejected for admission to college, early admission. So she started applying to other colleges and her brother kept saying, well, talk to them, ask them why they rejected you. So she did, they reviewed her case, they changed their mind. She also got a large scholarship. Very nice. On the other hand, I think it was Vassar College sent out a lot of acceptance letters and said, oops, we made a mistake, you are all not accepted. So this could work different ways. But I think that a, the Planning Board is not intended to make plans in the same way that the Town Board is. The Planning Board is intended to review the plans that are made by the applicant, to make a decision on that. the Zoning Board has a different role. I would have to look at those legal provisions that you say are the same as this. I don't believe that they can be the same as this and the Trustees because those bodies have different, you know, they have different purposes and different procedures. Site Plan Approval Amendments Public Hearing February 14, 2012 21 COUNCILWOMAN DOHERTY: Well, I am just saying that the Planning Board, the Zoning Board, the Trustees have a right to revoke a permit after issuance under certain circumstances and conditions and that what this is trying to spell out. MR. SCHWARTZ: Well, that may be and maybe it is not such a bad thing but in my experience, you just can't leave it up to their discretion you have got to do the best you can to give them guidance. That is your job. And I don't feel like this does that. COUNCILMAN KRUPSKI: Thank you. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on this particular local law? JOHN COSTELLO: My name is John Costello. I don't want to waste the Board's time if they already have taken an opinion and adopted this thing in their minds. I have got better things to do. I am getting that opinion when I am heating some of the comments but I can tell you, when I read this and I find out that you are trying to clarify and codify the laws, I think you are doing anything but. I think what you are doing on this revision, on this draft is complicating it. it is going to become extremely costly to get through the process. I can envision some of the property's in the town costing more to get through the site plan approval than the property is worth. It could happen. The way this is written. It could complicate, I also get the opinion reading this that I see where the health, welfare and safety of the individuals which everybody knows that is in every intended public officials realm, that is what they have to protect but also to complicate and make it so complicated that it is only addressing, I get the quality of life has never been mentioned, the quality of life. One of the things that Southold Town has of most every town around is a better quality of life. We have the wineries, the (inaudible), we have the little businesses, the second homeowners are moving here, the quality of life is one of the things that this wealthy second homeowners want and they will and can, no matter what, to pass laws complicating, make it so that the quality of life is better for all of you as long as they are first. That is just, go to the Hampton's. I have been there, I go through the processes in Southampton, East Hampton, North Haven, Sag Harbor and let me tell you, I have seen permits processes cost up to $300,000 to get through a permit process on a $100,000 project. They give up or they can afford it. we don't want the Hampton's over hem. I certainly don't. I want the common person to be able to live in Southold Town without the complications that some of the comments in this thing, any change allows the planning process (inaudible) any change. You put a car on the property, that is a change. Traffic, any type. If the rights of the Planning Board are, it doesn't come to a conclusion on this draft. Thank you. SUPERVISOR RUSSELL: You know, I will concede that if it is too broadly written it needs to be, understood, just so everybody, I wish Andy didn't leave. This is the balancing act because I have the small businesses in Mattituck, that chamber, businesses there that have invested a substantial amount of money in making that corridor a nicer corridor and they're the ones that are saying what are you doing about this? What are you doing, you know, it is a balancing act. Those very business owners are the ones that, Site Plan Approval Amendments Public Hearing February 14, 2012 22 you know, then you have homeowners behind that, so if this is too broadly written, the Town Board will sit down and take another stab at it. but I think the issue itself does need to be addressed. There has to be an understanding that there is an endgame to a site plan process and we need participation in that process and a bit of an honoring of it. if it is too broad, John, I will listen and we certainly will sit down and try to finite or nuance the language so it is a little bit more limited. But the issue, the larger issue has to be addressed, at the very benefit of those small businesses that are asking us to. For some relief. UNIDENTIFIED: Absolutely. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board? COUNCILMAN KRUPSKI: But that is why we have a public hearing. SUPERVISOR RUSSELL: Yes. MS. MOORE: Just very briefly, I admire what you are trying to do, I really do. Because I agree it is very nice, we should be able to solve the problems of the particular situation like the one in Mattituck. Bring the parties together, try to get them to resolve it and unfortunately sometimes just, government is, it is just not the right place. My concern is, that to address that particular problem, we have now created this structure of laws that nobody could have anticipated would happen in Mattituck, okay? In that particular case, somebody said to me today, bad cases make bad law, okay?. That is a bad case and what we are ending up with is a bad law because now every body that goes through the process, now the Planning Board has got to decide should we, because it says may, so it is discretionary, should we require the guarantee of performance or shouldn't we? Well, what happens is, as always, is that certainly they are going to side on the caution and now 90 percent of the applications are going to require those kind of warranties when in fact, the circumstance that you are addressing is really not that common. So you say that there is a couple of properties that are an issue, I personally don't know which ones they are. I know one that is the obvious. SUPERVISOR RUSSELL: The most celebrated. But I assure you that there are plenty. MS. MOORE: I am sure that there is non-compliance .... SUPERVISOR RUSSELL: There are plenty. MS. MOORE: I know I have complained about properties that are not in compliance and it is ignored. But okay, so that is fine. But this law, really creates such an obstacle, such an expense to anybody going through the site plan process. It really concerns me, you know, I am in the business, they are paying me but I really get no pleasure out of going through a process that takes, you know, that takes any more than six months to get through a site plan process. Realistically, you shouldn't have to, site plan is basic. Parking, used to be drainage, now drainage isn't even an issue because drainage is Site Plan Approval Amendments Public Heating February 14, 2012 23 covered under the drainage code. So it is really, you know, parking, drainage, circulation. That is it. you know, let's go back to the basics. That is what site planning was all about. Now we have got multiple pages of site planning and the opportunity for anybody who doesn't like what is going on in the neighborhood to come and complain and the Planning Board tries to address the complaints of the neighbors and sometimes you know, I would say generally most business owners will listen to the complaints of the neighbors and say okay, if it is reasonable, I can try to modify my site planning and incorporate some of the recommendations. But even when you do that, the process just continues. So please take a moment, review it, look at it as if you were starting a business and you were going through the site plan and imagine everywhere that it says that the Planning Board has the discretion to do something, that they actually do it. how that is going to affect you. Use it on a, give yourself an example, put yourself into that position and then look to see whether the law is appropriate. And as I said before, it looks like the next public heating is one that you could use to address the circumstance because the unsafe building provision, you are adding a whole section to address the maintenance of an existing property and why not use that section for commercial properties. Then you are, you know, you are not going to get the Mattituck case to finish construction until the litigation or whatever the dispute is resolved. All you want is, my understanding is, protect the neighbors, put up the screening, do something so that the property is, doesn't, you know, collect garbage and debris, it is not, it doesn't end up with any kind of vandalism and it protects the neighborhood, the residential neighborhood in the back. I am definitely in agreement of all that but there are much lesser ways and much more targeted ways to do it than to adopt a law that we wouldn't even be able to retroactively apply in this case because it has gone through a site plan already. You are hurting a lot more people through this adoption than the one situation you are trying to address and I do .... SUPERVISOR RUSSELL: It is not, please don't oversimplify it by suggesting it is one. That is the most celebrated but there are several out there and I can appreciate maybe taking another look at this law but don't pretend it is just one case, there are several. We have many cases where people simply don't invest in site plan, despite our largesse in allowing them to operate without site plan approval, despite our willingness to allow them to continue a use, we still can't get them to invest in the site plan. The very purpose of the site plan was to protect all the neighbors to begin with and that was a give and take process that they agreed to. MS. MOORE: This doesn't do it. SUPERVISOR RUSSELL: Pardon me? MS. MOORE: This doesn't do it. This law doesn't get somebody that hasn't gone through the site plan to come in for a site plan. What you're .... SUPERVISOR RUSSELL: Everything in steps. Site Plan Approval Amendments Public Hearing February 14, 2012 24 MS. MOORE: Yeah but this law deals with people who have gone through the site plan, who have invested in the site plan and you are taking away from that investment. That is what this law is doing. SUPERVISOR RUSSELL: What we are saying is, some of these people aren't investing in the site plan. They got the approval but then they are not moving forward on and how do you not let that keep happening? Despite the, I think the town has been more than reasonable in many cases, we have allowed people to operate on development rights sold land, asking them to comply, asking them to comply, only to be ignored in many cases. I think we are trying .... MS. MOORE: But if you are going to use examples like that, I am going to say that people have gone through site plan and now they are almost approaching a year of trying to go through a site plan for a very straight forward simple solution. And there are you know, there are two sides to every case. SUPERVISOR RUSSELL: I agree. And this law probably needs some work, I agree. But just so you understand, the larger purpose here isn't just about one property, it's about several examples town wide. Would anybody else like to address the Town Board on this particular local law? This hearing was adjourned at 8:54 PM Linda J. Cooper Deputy Town Clerk SUMMARY OF LL/SITE PLAN AMENDMENTS THE PROPOSED LOCAL LAW THAT IS BEING SCHEDULED FOR A PUBLIC HEARING THIS EVENING AMENDS THE SITE PLAN APPROVAL REQUIREMENTS IN CHAPTER 280 OF THE TOWN CODE, THE INTENT OF WHICH IS TO CLARIFY SITE PLAN OBJECTIVES, APPROVAL REQUIREMENTS, REVIEW PROCEDURES AND DURATION OF SITE PLANS. MORE SPECIFICALLY, THE AMENDMENT TO SECTION 280-129(B) PERMITS THE PLANNING BOARD TO REQUIRE ADEQUATE INTERIOR ROADWAYS FOR CERTAIN USES. THE PROPOSED AMENDMENT TO SECTION 280-130 PROHIBITS ALL CLEARING, REGRADING, TREE REMOVAL OR ANY OTHER WORK ON A PROPERTY WHEN A SITE PLAN APPLICATION IS PENDING, UNLESS AUTHORIZED IN WRITING BY THE PLANNING BOARD. FURTHER, THE PROPOSED AMENDMENT TO SECTION 280-130 AUTHORIZES THE PLANNING BOARD TO REVOKE OR MODIFY A SITE PLAN APPROVAL, AFTER A PUBLIC HEARING, UNDER CERTAIN CIRCUMSTANCES AND PROHBITS THE COMMENCEMENT OF THE USE APPROVED BY THE PLANNING BOARD IN A SITE PLAN APPROVAL WITHOUT COMPLIANCE WITH THE TERMS AND CONDITIONS OF THAT APPROVAL. THE PROPOSED AMENDMENT TO SECTION 280-131(K) CLARIFIES THE GUARANTY OF PERFORMANCE REQUIREMENTS FOR PUBLIC IMPROVEMENTS AND ON-SITE IMPROVEMENTS AND SETS FORTH THE ACTIONS THAT THE TOWN CAN TAKE IN THE INSTANCE OF DEFAULT. FINALLY, THE PROPOSED AMENDMENT TO SECTION 280-132 CHANGES THE DURATION OF SITE PLAN APPROVAL FROM 3 YEARS TO 18 MONTHS AND CLARIFIES THAT CONDITIONS OF SITE PLAN APPROVAL ARE IMMEDIATELY ENFORCEABLE, UNLESS OTHERWISE STATED BY THE PLANNING BOARD. THE FULL TEXT OF THE PROPOSED LOCAL LAW IS AVAILABLE FOR REVIEW IN THE TOWN CLERK'S OFFICE. STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) LINDA J. COOPER, Deputy Town Clerk of the Town of Southold, New York being duly sworn, says that on the ~.q~ day of -7-,qx.2 ,2012, she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. Re: Chapter 280, Site Plan PH 2/14/12 Sworn before me. this ~> day of ~[.~ml~ 'Notary P~J)l'ic - BONNIE I. DOROSKI Nofa~ Public, State Of New York No. 01D06095328, Suffolk C~nty Term Expires Jul!t ?, 20 I'~ ,2Ol& Linda' J. Cooper / Deputy Town Clerk #10541 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 2nd dayof February, 2012. Sworn to before me this §280-129. Ob]ec~lve~ week(s), successively, commencing on the ' '/Rrincipal Clerk / day of (j~/f"-"'" 2012. IqO'~A',;: ~ NEW YORK ~50 ¢. ~;ounty ~vell-being of the population in genera] increase the Town's tax base and fucili tare the local economy. B. It is the purpose of this article t¢ encourage good design and to: (1) Protect the estabhshed charac. ter and value of thc adjoining proper- ties, both public and private, and of the neighborhood in which they are located. (2) Lessen and, where possible, pre- vent traffic COngestion on the streets and highways upon which the site fronts or which provide vehicular or pedestrian (3) Prevent overcrowding of land or e ~ t r o This Local Law shall take effect im- ~Ah~D~ane or mOt~new c~ mediately upon filing with the Secretary tj~s. bas~L!B~/~-°ne of th~follo/ of Sta~ as provided by I.~t. ~oun~:, Dated: January 17, ~ BY ORDER OF '~!l~nb ~ ~'o uo!~oJ~t ~RL ( pm~ -puno~8 ~o ao.noo3o~d ou.~ (Z) Town C~erk action may, to the maximum extent pos- sJble, further the expressed intent of this should roceed alon ' ligh glare onto adjomm . . - P . g the lmes of good ~ ~-~ . · -. -g. P, 1~. ' '- '" ~_~..,~ fi.e., e o anc ~rder and with due regard to the publi ox ~. ~/~.' .la~.~ed the Braiding 111 ~ t ~s. ~- , . ~ t · .~. ,;T' ot~ l~n!?e~t,'~cinth~gbut~lotlumtedtoth commen~.ll.sueafinaldet~nmnaU°'~..._cnr~t,~,.n~c~q~ / ~°"o~g.e~e~orde~lgnofnewor~ ~V~t~, ~a".- N~. .... ~ o_~e~--~T;-~ -f ~' ~. ovatea structures and port/ohs therecs .*'.7'Z ~- ~2,~d ~xee/ --~-o..~ ~,,'~h the ext~nt of building the construction . - ~e~ a ~..t'~'~ T~'~] ~g~sura[c .--- -- lng areas, whether or not accomo~ni~ tion ks reqmrea rro~m__~,~ ..~.l~ut2vE~"_ ..... ~ ,;., -- ~_~_. m t be use o f e~gsting stru~tau~'s;~eanguse~ is ~hall be s, ubject t o s~.c~h p .en.a~l..t_ie_s~ obtained. --. u be a violation of this article and sl~ jurisdiction to be invalid, the judgment in § 280-155 oft~ chapter.~_e_Pla~ a whole or any part thereof other t.han ts the $o de da to be u. on."tn"on- ~'~'- e'~'~ , ~._~e~_~. al or invalid. moOCh aolZI IV. EFFECllVE DATE DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVEN BELLONE SUFFOLK COUNTY EXECUTIVE January 27, 2012 SARAH LANSDALE, AICP Director of Planning Town of Southold PO Box 1179 Southold, New York 11935 Att: Ms. Elizabeth A. Neville, Clerk Applicant: Zoning Action: Dear Ms. Neville: Public Hearing Date.: Resolution No.: S.C.P.D. File No.: Town of Southold Amendment; Chapter 280 "In Connection with Site Plan Approval" February 14, 2012 2012-103 & 2012-104 SD-12-LD Pursuant to the requirements of Sections A14-14 thru A14-25 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for Local Determination as there is no apparent significant county wide or inter-community impact. A decision of Local Determination should not be construed as either an approval or disapproval. VeD- truly yours, Sarah Lansdale Chief Planner APF:ds LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. -4TH FLOOR P.O. BOX 6100 (631) 853-5191 100 VETERANS MEMQRIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044 ~L~2~/201~ 1~01 63~-853-40~4 S ~ P~A~IN~ DEPT P~GE ~3 DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVEN BELLONE SUFFOLK COUNTY EXECUTIVE January 27, 2012 SARAH LANSOALE, AICP Director of Planning Town of Southold PO Box 1179 Southo/d, New York 11935 Att: Ms. Elizabeth A. Neville, Clerk Dear Ms. Neville: Applicant: Zoning Action: Public Hearing Date.: Kesolution No.: S.C.P.D, File No,: Town of Southold Amendment; Chapter 280 "In Connection with Site Plan Approval" February 14, 2012 2012-103 & 2012-104 SD- 12-LD Pursuant to the requirements of Sections A14-14 thru A14-25 of the Suffolk County Administrative Code, the above referenced application which bas been submitted to the Suffolk County Planning Commission is considered to be a matter for Local Determination as them is no apparent significant county wide or inter-community impact. A decision of Local Determination should not be construed as either an approval or disapproval. Very truly yours, Sarah Lansdalc Chief Planner APF:ds LOCATION MAll. lNG ADDRESS LEE DENNISON BLDG. -4TH FLOOR P.O. BOX 6100 (631) B53-5191 00 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 1178I~.0099 TELECOPIER (631) 8534044 DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVEN BELLONE SUFFOLK COUNTY EXECUTIVE January 27, 2012 SARAH LANSDALE, AICP Director of Planning Town of Southold PO Box 1179 Southold, New York 11935 Att: Ms. Elizabeth A. Neville, Clerk Dear Ms. Neville: Applicant: Zoning Action: Public Hearing Date.: Resolution No.: S.C.P.D. File No.: Town of Southold Amendment; Chapter 280 "Site Plan Approval" February 14, 2012 2012-103 SD-12-LD Pursuant to the requirements of Sections A14-14 thru A14-25 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for Local Determination as there is no apparent significant county wide or inter-community impact. A decision of Local Determination should not be construed as either an approval or disapproval. Very truly yours, Sarah Lansdale Dir or of Plann'..;. Chief Planner APF:ds LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR P.O. BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 8534044 ~) ...... ~ PAGE 04 1,,'z,,,,'281~ 12:81 631-853-4044 S C PLANING DEPT DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVEN BI=LLONE SUFFOLK COUNTY EXECUTIVE January 27,201.2 SARAH LANSDAL~:, AICP Olreoter of Planning Town of Southold PO Box 1179 Southold, New York 11935 Att: Ms. Elizabeth A. Neville, Clerk Dear Ms. Neville: Applicant: Town of Southold Zoning Action: Amendment; Chapter 280 "Site Plan Approval" Public Hearing Date.: February 14. 2012 Resolution No.: 2012-!.03 S.C.P.D. FileNo.: SD-12-LD Pursuant to the requirements of Sections A14-14 th. fa A14-25 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a mailer for Local Determination as there is no apparent significant county wide or inter-community impact. A decision of Local Determination should not be construed as either an approval or disapproval. Very truly yours, Sarah Lansdale Chief Planner APF:ds LOCATION MAILING ADDRESS H. LEE DENNISON 8LDG, - 4TH FLOOR P, O. 8OX elOa ({~31) 8s3.5191 lOO VETERANS MSMORIAL HIGHWAY HAUPPAUGE, NY 11788=DD99 TELECOPIER (631) ~$3-4044 PLANNING BOARD MEMBERS DONALD J. WILCENSKI Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JAMES H. RICH III MARTIN H. SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 MEMORANDUM To: From: Date: Re: Elizabeth A. Neville, Town Clerk Donald J. Wilcenski, Chairman, Planning Board ~'~J ¼/ February 7, 2012 Resolution Numbers 2012-103 & 104: "A Local Law in Relation to Amendments to Chapter 280, Zoning, in connection with Site Plan approval of the Code of the Town of 8outhold Thank you for the opportunity to provide comments on the proposed amendments to the Town Code referenced above. The Planning Board has reviewed the proposed amendments and supports the changes. CC: Scott Russell, Town Supervisor Members of the Town Board Town Attorney OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NYl1971 TeIephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Supervisor Scott Russell Town of Southold Town Board From: Mark Terry, Principal Planner ' LWRP Coordinator Date: January 23, 2012 Re: A Local Law entitled "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Site Plan Approval" The proposed local law has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided to this department as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the LWRP Policy Standards and therefore is CONSISTENT with the LWRP. Pursuant to Chapter 268, the Town Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Martin Finnegan, Town Attorney Jennifer Andaloro, Assistant Town Attorney 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 1. APPLICANT/SPONSOR /2, PROJECT NAME Town of Southold / Amendments to Chapter 280, Zoning, Site Plan Approval" 3. PROJECT LOCATION: Municipality Southold County Suffolk 4. PRECISE LOCATION (Street address and mad intersections, pmmineet landmarks, etc.. or provide map) Jurisdictional limits of the Town of Southold 5. PROPOSED ACTION iS: [] New [] Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Site Plan Approval to clarify language on activities on site prior to site plan approval, require performance guarantee requirements for approved s site plans and amends time of site plan validity to 18 months. 7. AMOUNTOF LANDAFFEGTED: Initially NA acres Ultimately NA acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No If No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Industrial [] Commercial [] Agriculture [] Park/Forest/Open Space [] Other Describe: NA 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes [] No If Yes, list agency(s) name and permit/approvals: Yes, the New York Department of State. 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] No If Yes, list agency(s) name and permit/approvals: N^ 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? E~TM r~No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Date: January 23, 2012 Signature: J If the action is in the Coastal Area, and you are a state agency, complete the I Coastal Assessment Form before proceeding with this assessment OVER 1 PART I~ - ~MPACT ASSESSMENT (To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF. [~Yes [~No B. WILL ACTION RECEIVE COORDINATED REVIEWAS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a negative declaration may be superseded by another involved agency. [~Yes r~No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surtace or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: None C2. Aesthetic, agricu~turoi, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: None C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: None C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly: None C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: None C6. Long term, short term, cumulative, or other effects not identified in C1-C57 Explain brietiy: None C7. Other impacts (including changes in use of either quantity or type of energy}? Explain bridtiy: None D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? [] Yes [] No if Yes, explain briefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No If Yes, explain briefly: PART Ill - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: F~reachadversee~ectidentif~ab~ve~determinewhetheritissubstantia~arge,Imp~rtant~r~therwisesigni~cant~ Each ef~ct should be assessed in connection with its Ia) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; Id) irreversibility; (e) geographic scope; and If) magnitude. If necessary, add attachments or raferance supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identir~d and adequately addressed. If question D of Part II was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. ] Check this box if you have identified one or more potentially large or significant adverse impacts which II~AY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. ] Check this box if you have determined, based on the information and analysis above and any supporting documentstion, that the proposed action WILl. NOT result in any significant adverse environmental impacts AND provide, on attachments as necessa~/, the reasons supporting this determination Town of Southold Town Board Name of Lead Agency Scott Russell Print or Type Name of Responsible Officer In Lead Agency Signature of Responsible Officer in Lead Agency January 23, 2012 Date Supervisor Tiffe of Responsible Officer ~,~e'o, Preparer (,,t~,~,~,~,~,~,~,~,~nt f~om~Ible officer) ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southo]d, NewYork 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Donald Wilcenski, Chairman Southold Town Planning Board Southold Town Hall 53095 Main Road Post Office Box 1179 Southold, New York 11971 Dear Mr. Sidor: January 18, 2012 Re: Resolution Numbers 2012- 103 & 104 "A Local Law in Relation to Amendments to Chapter 280, Zoning, in connection with Site Plan Approval of the of the Code of the Town of Southold. The Southold Town Board at their regular meeting held on January 17, 2012 adopted the resolutions referenced above. Certified copies are enclosed. Please prepare an official report defining the Planning Department's recommendations with regard to this proposed local law and forward it to me at your earliest convenience. This proposed local law is also being sent to the Suffolk County Department of Planning for their review. The date and time for this public hearing is 7:32PM, Tuesday, February 14, 2012. Please do not hesitate to contact me, if you have any questions. Thank you. Very truly yours, Southold lown Clerk Enclosure cc: Town Board ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, NewYork 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork, net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January 18, 2012 Re: Resolution Numbers 2012-103 & 104 "A Local Law in Relation to Amendments to Chapter 280, Zoning, in connection with Site Plan Approval of the Code of the Town of Southold. Andrew P. Freleng, Chief Planner Suffolk County Department of Planning Post Office 8ox 6100 Hauppauge, New York 11788-0099 Dear Mr. Freleng: The Southold Town Board at their regular meeting held on January 17, 2012 adopted the resolutions referenced above. Certified copies are enclosed. Please prepare an official report defining the Planning Department's recommendations with regard to this proposed local law and forward it to me at your earliest convenience. This proposed local law is also being sent to the Southold Town Planning Board for their review. The date and time for this public hearing 7:32 PM, Tuesday, February 14, 201:~. Please do not hesitate to contact me, if you have any questions. Thank you. Very truly yours, Southold lown Clerk Enclosure cc: Town Board Page I of l Cooper, Linda From: Candice Schott [cschott@timesreview.com] Sent: Monday, January 30, 2012 11:52 AM To: Cooper, Linda Subject: RE: CHANGE - PH notice Site Plan Approval Good to go © From: Cooper, Linda [mailto:Linda. Cooper@town.southold.ny,us] Sent: Monday, January 30, 2012 10:53 AM To: tr-legals Subject: CHANGE - PH notice Site Plan Approval Good morning, The Legal Notice of Public Hearing regarding Site Plan approval has a slight change in language so the attached copy needs to replace what I sent last week. I am sorry for any inconvenience this causes. As usual, please confirm receipt this notice to replace notice sent last week for publication in the 2/2/12 edition of the Suffolk Times. Thankyou! Icoop 1/30/2012 Page 1 of 1 Cooper, Linda From: Andaloro, Jennifer Sent: Monday, January 30, 2012 10:37 AM To: Cooper, Linda Cc: Krauza, Lynne; Finnegan, Martin; Lanza, Heather Subject: Change to Site plan amendment notice. Linda, Please add the italics language to §280-130(H) so that it reads as follows: H. Any use that had received site plan approval by the Planninq Board shall not be commenced unless the Planninq Board issues a written certification that all terms and conditions set forth in the site plan approval have been met. Failure to comply with a term or condition of site plan approval prior to commencement of the approved use shall be a violation of this article and shall be subiect to such penalties as are set forth in §280-155 of this chapter, unless the Plannin,q Board expressly states an alternative period of time for compliance within the site plan approval. Jennifer Andaloro Assistant Town Attorney Town of Southold 54375 Route 25 (Main Road) P.O, Box 1179 Southold, NY 11971-0959 Office: (631) 765-1939 Fax: (631) 765-6639 ATTORNEY-CLIENT COMMUNICATION; ATTORNEY WORK PRODUCT; INTER/INTRA AGENCY COMMUNICATION; NOT SUBJECT TO FREEDOM OF INFORMATION LAW DISCLOSURE; DO NOT FORWARD WITHOUT PERMISSION Note: Service of legal documents is not permgted via electronic mail or fax The information contained in this electronic message and any attachments to this message are intended for the exclusive use of the addressee(s) and may contain information that is privileged, confidemial and exempt frmn disclosure under applicable law Uninlended transmission shall not constitute a waiver of the attorney/client privilege or any other privilege This e-mail message may not be forwarded to any addressee outside of the Town of Southold intranet without the prior written consent o f the Town of Southold If the reader of thai message is not the intended recipient, you are hereby notified that any rewew, retransm~ss~on, conversion to hard copy, copy rog, reproduction, circulation, publication, dissemination or other use of, or faking of any actton, or omission to take action, in reliance upon this communication by persons or entities other than the intended recipient is stricfiy prohibited If you have received this communication in error, please (i) notify us immediately by telephone at 631-765-1939, (ii) return the original message and all copies to us at the address above via the US Postal Service, and (iii) delete the message and any material attached thereto from any computer, disk drive, disket'e, or other storage device or media 1/30/2012 Page 1 of l Cooper, Linda From: Candice Schott [cschott@timesreview,com] Sent: Wednesday, January 25, 2012 11~15 AM To: Cooper, Linda Subject: RE: PH notice Site Plan Approval Hi Linda, I have received the notice and we are good to go for the 2/2. Thanks and have a great afternoon! Candice From: Cooper, Linda [mailto:Linda.Cooper@town.southold.ny.us] Sent: Wednesday, January 25, 2012 10:46 AH To: tr-legals Subject: PH notice Site Plan Approval Good morning, Please confirm receipt of this Legal Notice of Public Hearing for the 2/2/12 edition of the Suffolk Times. Thank you, Icoop 1/25/2012 LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 17th day of January, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280~ Zoning~ in connection with Site Plan Approval" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 14th day of February, 2012 at 7:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280~ Zoning~ in connection with Site Plan Approval" reads as follows: LOCAL LAW NO. 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning~ in connection with Site Plan Approval". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. To provide for the health, safety and welfare of the citizens of the Town of Southold, it is necessary to make certain amendments to Article XXIV "Site Plan Approval" of Chapter 280. These amendments are intended to codify and clarify existing policies, site plan objectives and approval requirements and procedures. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-127. Applicability. 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, § 280-13A(1), and customary nonagricultural accessory uses to a single-family residential home use as stated in the Town Code. Any change in use or 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 devetopmem- 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. §280-128. Findings of fact; purpose. The Town Board wishes to protect the unique rural and open space character of the Town and hereby finds that development within the Town, exclusive of the Incorporated Village of Greenport, should proceed along the lines of good order and with due regard to the public interest, including but not limited to the following: exterior design of new or renovated structures and portions thereof; the construction and location of parking areas, whether or not accompanied by new building construction; changes in the use of existing structures; the use of open land; and that the proposed site use would impact beneficially on the well-being of the population in general, increase the Town's tax base and facilitate the local economy. It is the purpose of this article to encourage good design and to: (1) Protect the established character and value of the adjoining properties, both public and private, and of the neighborhood in which they are located. (2) Lessen and, where possible, prevent traffic congestion on the streets and highways upon which the site fronts or which provide vehicular or pedestrian access thereto. (3) Prevent overcrowding of land or buildings. (4) Secure safety from fire, flood and other dangers and provide adequate light, air and convenience of access. Mitigate the environmental impacts of new development on the land, air and water resources. §280-129. Objectives. In considering and acting upon site devetopmem plans, the Planning Board shall take into consideration the public health, safety and welfare, the economic impact and the comfort and convenience of the public in general and the residents of the immediate neighborhood in particular and 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 this chapter and the accomplishment of the following objectives in particular: Traffic access: that all proposed traffic accessways are adequate but not excessive in number; adequate in width, grade, alignment and visibility; are located in proper relationship to intersections, pedestrian crossings and other places of public assembly; and, further, are in conformance with overall traffic safety considerations. Other public agencies may require further improvements above and beyond the Town's requirements. Roadway improvements not directly in front of the site may be necessary and required, based on overall traffic circulation and signalization of adjacent access points and streets. B. Interior circulation and parking: that adequate oft-street parking and loading spaces are provided to satisfy the parking needs of the proposed uses on site and that the interior circulation system is so designed to provide convenient access to such spaces consistent with pedestrian safety, and, further, that loading areas shall not impede the flow of interior pedestrian and vehicular traffic and that for certain uses, adequate interior roadways are provided to confine operations to the site. Handicap accessibility shall be provided and placed at the nearest point to the proposed structure. Landscaping and screening: that all parking, service and similar areas are screened at all seasons of the year from view of adjacent residential districts and streets and that the landscaping of the site complements the intended use. Existing trees of at least six inches or more in diameter measured three feet above the base of the trunk shall be retained to the maximum extent possible. D. Natural features: that high priority shall be given to: (1) The conservation of all natural features on and adjacent to the site, including but not limited to natural drainage-courses, fresh- and saltwater wetlands and marshes, dunes, bluffs, beaches, escarpments, woodlands, large trees, unique plant and wildlife habitats, flood hazard areas and wildlife breeding areas. (2) pollutants. The protection of ground- and surface water from contamination by (3) The protection of air quality. Pavement: that all other paved areas intended for use by pedestrians and vehicles shall make use of an aesthetically pleasing and safe combination of pavements and plant materials which would serve to encourage their use by pedestrians and vehicles. Lighting: that all outdoor lighting shall be of such a nature and so arranged as to minimize the projection of direct light and glare onto adjoining properties and streets. Outdoor lighting shall be compatible with the intended use and also the zoning district, particularly in or adjacent to residential zones. Public address intercom or sound systems: that any sound or public-address system shall be located to minimize sound to adjoining properties or on the adjacent street. Grading and drainage: that all site developments shall respect existing grades on site and on adjoining sites to avoid unnecessary excavation or filling and that all stormwater runoff generated on site will be retained on site in an environmentally acceptable manner. All grading and drainage plans must meet with the requirements of the Town Engineer and/or Superintendent of Highways. Public utilities: that plans lbr water supply and sewage disposal, cable, telephone, electricity, gas, etc., shall be considered and included in this section and shall conform to such public requirements and standards as may exist. Existing development and Comprehensive Development Plan: that the development proposed is at a scale consistent with existing development and with the Comprehensive Development Plan of the Town of Southold. Architectural features: that the natural features of the site and surroundings, exterior design and appearances of existing adjacent structures and the character of the district are evaluated in accordance with the architectural standards set forth in this chapter. [Amended 5-15-1995 by L.L. No. 7-1995] Handicapped access: that the site plan and building design shall accommodate the needs of the handicapped and be in conformance with the applicable state and local standards concerning the same. ARTICLE XXIV~ Site Plan Approval {}280-130. Approval of site plan required. After the filing of an application for a building permit, the Building Inspector shall make a determination as to whether a site plan or an amendment thereto is required, and this written determination shall be forwarded to the Planning Department for comment. The Planning Department must provide written comments on this determination to the Building Inspector within five business days, or be deemed to have waived the opportunity to comment. After review of comments, or after the time period for comment has elapsed, the Building Inspector shall issue a final determination to the applicant, which shall in no event be more than 15 business days from the filing of the application. Such determination shall also include a written decision as to whether the proposed use is permitted and whether a special exception is required from the Zoning Board of Appeals. No building permit shall be issued for any structure or building for which use a site plan is required pursuant to this chapter, until, if required, an approved site de~h~nem plan or approved amendment of any such plan has been secured by the applicant from the Planning Board and presented to the Building Inspector, along with all necessary approvals and permits as may be required by other public agencies. [Amended 5-15-1995 by L.L. No. 8-1995; 3-9- 2004 by L.L. No. 8-2004; 12-14-2004 by L.L. No. 25-2004] No regrading, clearing, tree removal or any other work: ........ ,;~- ~cn ........... c a site, except limited clearing needed to undertake survey work or soils investigations, may take place er ~¢ -~--:,~,~v,-~,,.~,,,-,~ ~,,~ *n~r~,~.~ V'~ until the site plan has been approved by the Planning Board or the Planning Board authorizes such work in writing. No certificate of occupancy shall be issued for any building, structure, premises, lot or use of land covered by this article unless the structure has been completed (whether the structure is being constructed, renovated, reconstructed, altered, moved or put into use), and the site is developed in accordance with an approved site dc, vc,!cpmcnt plan or approved amendment of any such plan. Upon request of the owner or his authorized agent for a certificate of occupancy, the Building Inspector shall issue the certificate, provided that said Building Inspector, along with the Planning Board, shall find that such building or structure and site is in conformity with the approved site plan. After a certificate of occupancy is issued, there shall be no exterior alterations of a building that expand the footprint or any revisions of the site or changes of use without first obtaining Planning Board approval. Failure to obtain site plan approval shall be a violation of this article and shall be subject to such penalties as are set forth in § 280-155 of this chapter. [Amended 6-7- 2005 by L.L. No. 8-2005] Failure to comply with a term or condition of an approved site plan shall be a violation of this article and shall be subject to such penalties as are set forth in § 280- 155 of this chapter. The Planning Board shall retain jurisdiction and shall have the right, after a public hearing, to modify, suspend or revoke such approval or any term or condition thereof or to impose thereon one or more new conditions, based upon one of the following grounds: (1) False statements or mistake of material fact: materially false or inaccurate statements in the application, supporting papers or supporting testimony or ignorance or misunderstanding of a material fact by the Planning Board, which fact, had it been known to the Board at the time of its review, would have resulted in a denial of the approval sought. (2) Non-compliance with the terms and conditions of such approval: failure of the applicant-permittee to comply with any conditions or terms of approval. (3) Activity beyond such approval: exceeding the scope of the activity, use or project as the same was described in the application. Any use that has received site plan approval by the Planning Board shall not be commenced unless the Planning Board issues a written certification that all terms and conditions set forth in the site plan approval have been met. Failure to comply with a term or condition of site plan approval prior to commencement of the approved use shall be a violation of this article and shall be subject to such penalties as are set forth in §280-155 of this chapter. Upon recommendation of the Planning Board and approval of the Town Attomey, the Building Inspector may revoke an existing certificate of occupancy upon a showing that the subject premises is being occupied or used in violation of an approved site plan and may direct that such occupancy or use be discontinued. The Town Attorney is authorized to commence proceedings in a court of appropriate jurisdiction to restrain said use or occupancy. [Amended 6-7-2005 by L.L. No. 8-2005] §280-131. Review procedure. Presubmission conference. Prior to the submission of a site dc, vc!zpmcnt plan, the applicant or his agent shall meet with the Planning Board or its representative. The purpose of such conference shall be to discuss proposed uses or development plan elements that shall be submitted to the Planning Board in order for said Board to determine conformity with the provisions and intent of this article. Said meeting shall take place within 30 calendar days from the date of written request therefor. Site acvz!z?merX plan. Nine copies of the site d~ plan application and any related information as defined during the presubmission conference shall be submitted to the Planning Board within four months of the presubmission conference. If a site de~ plan application is not submitted within four months following a presubmission conference, another conference may be required by the Planning Board. (1) Within 10 business days of receipt of the application, the Planning Board shall determine whether to accept, reject or request revision of the application. (2) If the Planning Board determines said application to be acceptable but in need of revision, it shall notify the applicant, in writing, wherein said application is deficient within 30 calendar days. (3) Within the thirty-calendar-day period from receipt of the application, the following shall also take place: the site plan reviewer (or other delegate of the Planning Board) shall hold a joint meeting with a representative of the Building Department authorized to review building plans, for the purpose of making a joint recommendation as to whether the site plan application complies with all applicable zoning regulations or whether any variances are required from the Zoning Board of Appeals; that recommendation shall be forwarded to the Building Inspector, who shall either endorse or revise that recommendation; and in the event the Building Inspector's zoning determination indicates that a variance is required, the site plan reviewer (or other delegate of the Planning Board) shall so inform the applicant; and in the event the applicant wishes to proceed with the application as submitted, the Building Inspector shall issue a notice of disapproval at that time. This procedure shall also apply to any amendments to the site plan application. (4) In the case of a variance or special exception application requiring site plan approval, the site deve!c?mevX plan application shall be subjected to preliminary review and written comments by the Planning Board within 60 days of such request by the Board of Appeals. (a) In no case may the Planning Board grant site plan approval prior to the issuance of a special exception by the Zoning Board of Appeals, if such is required. (b) Before the Planning Board can approve any application for the amendment of a use or structure for which a special exception was granted, the applicant must obtain permission from the Zoning Board of Appeals to expand or otherwise alter or change either the use or the structure. (5) The Planning Board may vary or waive parking requirements, provided that such change will not have a detrimental effect on the public health, safety or general welfare and will not have the effect of nullifying the intent and provision of this chapter. (a) The Planning Board may allow or require landscaping to be installed in place of specified parking spaces. (b) On any site for which the Planning Board grants approval for less than the required number of spaces for that use, the Planning Board shall have the right to review the parking requirements again ifa change of use is proposed. (6) Review of a new site plan for a lot on which an approved site plan already exists shall not proceed until the approved plan is withdrawn by the applicant. When the Planning Board determines said application to be acceptable, it shall, within 10 business days of such determination, distribute said application and documentation to the Town, county and state agencies having jurisdiction, for their comment. Such referral shall include a referral to the Architectural Review Committee. The Architectural Review Committee :ha!! may make a written recommendation to the Planning Board on the site plan within 10 business days of receipt of the referral. If the Committee fails to make a recommendation within this time period, the project shall proceed to the Planning Board for consideration without Committee review. Notwithstanding the foregoing, applications involving only structures requiring review by the Historic Preservation Commission for a certificate of appropriateness under Chapter 170, Historic Landmark Preservation Law, of this Code shall not also be referred to the Architectural Review Committee for review. [Amended 2-13-2007 by L.L. No. 6-2007] Upon receipt and review of written comments from each of the agencies to which the proposed site plan was distributed, the Planning Board shall, within a reasonable period of time, not to exceed 30 days, determine whether to require revisions to the proposed plan. No decision on the application shall be made until the State Environmental Quality Review ActEN process is completed. F. After the Planning Board has determined that the proposed site plan is suitable for approval, it shall: (1) Forward the plan to the Building Inspector for final review and certification. (2) Forward the plan to the Fire Commissioner of the fire district within which the site is located for a determination as to whether a fire well is needed and, if so, its location. (3) Notify the applicant, in writing, to make an application for the appropriate curb cut permits. (4) Submit the proposed site plan to the Suffolk County Planning Commission in accordance with the provision of the Suflblk County Charter, if necessary. Upon receipt of the Building Inspector's certification, the Fire Commissioner's response, the curb cut permits and the comments of the Suffolk County Planning Commission, the Planning Board shall place the site plan on the agenda of the next regularly scheduled public meeting. The Planning Board shall hold a public hearing to consider the application. Notice shall be provided pursuant to Chapter 55, Notice of Public Hearings. Notwithstanding this requirement, with respect to applications involving modifications to existing structures with no substantial change to the existing footprint, where the Planning Board determines that such modifications or any change in use will not require significant changes to existing major site design features, as well as applications involving uses strictly related to agriculture (but excepting retail winery operations), the Planning Board shall have the discretion to waive the public hearing requirement and may act on such application by filed resolution at a duly noticed public meeting. Prior to the Planning Board's endorsement of the site plan, the applicant must sign a statement placed on the site plan indicating his/her knowledge and acceptance of the conditions of approval. Amendments to an existing site plan may be acted upon in the same manner as a new site plan. Guaranty of Performance (1) Public Improvements: A guaranty of performance may be required for all public improvements as part of the conditions of approval. Ifa guaranty of performance is required, the provisions of Article IX, Bonds and Other Security, shall apply. (2) Other on-site improvements including, but not limited to, securing the property, buffers, landscaping and/or screening: A guaranty of performance may be required tbr on-site improvements as part of the conditions of approval under the following circumstances: (a) where the application involves a commercial property that abuts or is across any public or private street from a residential property. (b) where the application involves a change or intensification of use that may have potential impacts on adjacent property owners. (3) Default: In the event that the applicant fails to comply with the provisions of this section, and complete the required improvements, the Town Board may thereupon declare the said guaranty of performance (i.e., performance bond, letter of credit, or other equivalent security) in default and collect the sum remaining payable thereunder; and upon the receipt thereof, the Town shall install such improvements as are covered by such security and as commensurate with the extent of building development that has taken place on the property. Where the cost of the improvements exceeds the forfeited security, the additional cost, including, but not limited to, any legal fees incurred, shall be and constitute a lien upon the land upon which the improvements are to be made and shall be included in the levy against such property. L. Within 10 days of final approval, a copy of the endorsed site plan shall be sent to: (1) The Building Department. (2) The Town Engineer. (3) The Town Trustees, when applicable. (4) The Highway Department. (5) The Zoning Board of Appeals, when applicable. The Planning Board shall have the right to deny the proposed site plan for lack of compliance with the provisions of the Town Code, The Planning Board shall notify the applicant, in writing, within 10 days of such determination, of the reasons for such denial. §280-132. Duration of plan. A. An approved szte ...... v ....... plan shall be valid for a period ofm 18 months from the date of approval. All work proposed on the plan shall be completed within ~ 18 months from the date of approval unless a longer period was approved or the applicant obtains an extension from the Planning Board. However, all terms and conditions of any approved site plan or approved amendment are immediately enforceable and compliance is required prior to the commencement of the approved use, unless the Planning Board expressly states an alternative period of time for compliance within the site plan approval. All site plans which have received final approval prior to the enactment of this article shall remain valid for a period of three years from the date of such enactment. This period will begin when all governmental approvals have been obtained. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Dated: January 17, 2012 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk Please publish on FEBRUARY 2, 2012 and forward one (1) affidavit of publication to Elizabeth Neville, Town Clerk, Town Hall, P O Box 1179, Southold NY 11971 Copies to the following: The Suffolk Times TC Bulletin Board ZBA Town Board Town Web site Planning Dept. Town Attorney Building Dept. RESOLUTION 2012-103 ADOPTED DOC iD: 7503 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-103 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 17, 2012: WHEREAS, them has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 17th day of January, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280~ Zoning~ in connection with Site Plan Approval" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 14th day of February, 2012 at 7:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280~ Zoning~ in connection with Site Plan Approval" roads as follows: LOCAL LAW NO. 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280~ Zoning~ in connection with Site Plan Approval". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. To provide for the health, safety and welfare of the citizens of the Town of Southold, it is necessary to make certain amendments to Article XXIV "Site Plan Approval" of Chapter 280. These amendments are intended to codify and clarify existing policies, site plan objectives and approval requirements and procedures. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-127. Applicability. 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 I11, § 280-13A(1), and customary nonagricultural accessory uses to a single-family residential home use as stated in the Town Code. Any change in use or 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 devetopmem- plans by the Planning Board, no building permit shall be issued by the Building Inspector except upon Resolution 2012-103 Board Meeting of January 17, 2012 authorization of and in conformity with the site plan approval by the Planning Board and all other public agencies involved. §280-128. Findings of fact; purpose. The Town Board wishes to protect the unique rural and open space character of the Town and hereby finds that development within the Town, exclusive of the Incorporated Village of Greenport, should proceed along the lines of good order and with due regard to the public interest, including but not limited to the following: exterior design of new or renovated structures and portions thereof; the construction and location of parking areas, whether or not accompanied by new building construction; changes in the use of existing structures; the use of open land; and that the proposed site use would impact beneficially on the well-being of the population in general, increase the Town's tax base and facilitate the local economy. B. It is the purpose of this article to encourage good design and to: (1) Protect the established character and value of the adjoining properties, both public and private, and of the neighborhood in which they are located. (2) Lessen and, where possible, prevent traffic congestion on the streets and highways upon which the site fronts or which provide vehicular or pedestrian access thereto. (3) Prevent overcrowding of land or buildings. (4) Secure safety from fire, flood and other dangers and provide adequate light, air and convenience of access. (5) Mitigate the environmental impacts of new development on the land, air and water resources. §280-129. Objectives. In considering and acting upon site de,,~e4opmem plans, the Planning Board shall take into consideration the public health, safety and welfare, the economic impact and the comfort and convenience of the public in general and the residents of the immediate neighborhood in particular and 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 this chapter and the accomplishment of the following objectives in particular: Traffic access: that all proposed traffic accessways are adequate but not excessive in number; adequate in width, grade, alignment and visibility; are located in proper relationship to intersections, pedestrian crossings and other places of public assembly; and, further, are in conformance with overall traffic safety considerations. Other public agencies may require further improvements above and beyond the Town's requirements. Roadway improvements not directly in front of the site may be necessary and required, based on overall traffic circulation and signalization of adjacent access points and streets. Updated: 1/17/2012 3:12 PM by Lynne Krauza Page 2 Resolution 2012-103 Board Meeting of January 17, 2012 Interior circulation and parking: that adequate off-street parking and loading spaces are provided to satisfy the parking needs of the proposed uses on site and that the interior circulation system is so designed to provide convenient access to such spaces consistent with pedestrian safety, and, further, that loading areas shall not impede the flow of interior pedestrian and vehicular traffic and that for certain uses, adequate interior roadways are provided to confine operations to the site. Handicap accessibility shall be provided and placed at the nearest point to the proposed structure. Landscaping and screening: that all parking, service and similar areas are screened at all seasons of the year from view of adjacent residential districts and streets and that the landscaping of the site complements the intended use. Existing trees of at least six inches or more in diameter measured three feet above the base of the trunk shall be retained to the maximum extent possible. D. Natural features: that high priority shall be given to: (1) The conservation of all natural features on and adjacent to the site, including but not limited to natural drainage-courses, fresh- and saltwater wetlands and marshes, dunes, bluffs, beaches, escarpments, woodlands, large trees, unique plant and wildlife habitats, flood hazard areas and wildlife breeding areas. (2) The protection of ground- and surface water from contamination by pollutants. (3) The protection of air quality. Pavement: that all other paved areas intended for use by pedestrians and vehicles shall make use of an aesthetically pleasing and safe combination of pavements and plant materials which would serve to encourage their use by pedestrians and vehicles. Lighting: that all outdoor lighting shall be of such a nature and so arranged as to minimize the projection of direct light and glare onto adjoining properties and streets. Outdoor lighting shall be compatible with the intended use and also the zoning district, particularly in or adjacent to residential zones. Public address intercom or sound systems: that any sound or public-address system shall be located to minimize sound to adjoining properties or on the adjacent street. Grading and drainage: that all site developments shall respect existing grades on site and on adjoining sites to avoid unnecessary excavation or filling and that all stormwater runoff generated on site will be retained on site in an environmentally acceptable manner. All grading and drainage plans must meet with the requirements of the Town Engineer and/or Superintendent of Highways. Public utilities: that plans for water supply and sewage disposal, cable, telephone, electricity, gas, etc., shall be considered and included in this section and shall conform to such public requirements and standards as may exist. Updated: 1/17/2012 3:12 PM by Lynne Krauza Page 3 Resolution 2012-103 Board Meeting of January 17, 2012 J. Existing development and Comprehensive Development Plan: that the development proposed is at a scale consistent with existing development and with the Comprehensive Development Plan of the Town of Southold. Amhitectural features: that the natural features of the site and surroundings, exterior design and appearances of existing adjacent structures and the character of the district are evaluated in accordance with the architectural standards set forth in this chapter. [Amended 5-15-1995 by L.L. No. 7-1995] Handicapped access: that the site plan and building design shall accommodate the needs of the handicapped and be in conformance with the applicable state and local standards concerning the same. ARTICLE XXIV~ Site Plan Approval {}280-130. Approval of site plan required. After the filing of an application for a building permit, the Building Inspector shall make a determination as to whether a site plan or an amendment thereto is required, and this written determination shall be forwarded to the Planning Department for comment. The Planning Department must provide written comments on this determination to the Building Inspector within five business days, or be deemed to have waived the opportunity to comment. After review of comments, or after the time period for comment has elapsed, the Building Inspector shall issue a final determination to the applicant, which shall in no event be more than 15 business days from the filing of the application. Such determination shall also include a written decision as to whether the proposed use is permitted and whether a special exception is required from the Zoning Board of Appeals. No building permit shall be issued for any structure or building for which use a site plan is required pursuant to this chapter, until, if required, an approved site dcvc!,cpm~nt plan or approved amendment of any such plan has been secured by the applicant from the Planning Board and presented to the Building Inspector, along with all necessary approvals and permits as may be required by other public agencies. [Amended 5-15-1995 by L.L. No. 8-1995; 3-9-2004 by L.L. No. 8-2004; t2-14-2004 by L.L. No. 25-2004] No regrading, clearing, tree removal or any other work ._ r-~r ...................... site, except limited clearing needed to undertake survey work or soils investigations, may take place,,L^~ ~'~,,~ .... w,-.,~,~-*:**~ to *~'~,,,~ v~,~ until the site plan has been approved by the Planning Board or the Planning Board authorizes such work in writing. No certificate of occupancy shall be issued for any building, structure, premises, lot or use of land covered by this article unless the structure has been completed (whether the structure is being constructed, renovated, reconstructed, altered, moved or put into use), and the site is developed in accordance with an approved site deve!cpment plan or approved amendment of any such plan. Upon request of the owner or his authorized agent for a certificate of occupancy, the Building Inspector shall issue the certificate, provided that said Building Inspector, along with the Planning Board, shall find that such building or structure and site is in Updated: 1/17/2012 3:12 PM by Lynne Krauza Page 4 Resolution 2012-103 conformity with the approved site plan. Board Meeting of January 17, 2012 After a certificate of occupancy is issued, there shall be no exterior alterations of a building that expand the footprint or any revisions of the site or changes of use without first obtaining Planning Board approval. Failure to obtain site plan approval shall be a violation of this article and shall be subject to such penalties as are set forth in § 280-155 of this chapter. [Amended 6-7-2005 by L.L. No. 8-2005] Failure to comply with a term or condition of an approved site plan shall be a violation of this article and shall be subject to such penalties as are set forth in § 280-155 of this chapter. The Planning Board shall retain jurisdiction and shall have the right, after a public hearing, to modify, suspend or revoke such approval or any term or condition thereof or to impose thereon one or more new conditions, based upon one of the following grounds: (1) False statements or mistake of material fact: materially false or inaccurate statements in the application, supporting papers or supporting testimony or i~norance or misunderstanding of a material fact by the Planning Board, which fact, had it been known to the Board at the time of its review, would have resulted in a denial of the approval sought. (2) Non-compliance with the terms and conditions of such approval: failure of the applicant-permittee to comply with any conditions or terms of approval. (3) Activity beyond such approval: exceeding the scope of the activity, use or project as the same was described in the application. Any use that has received site plan approval by the Planning Board shall not be commenced unless the Planning Board issues a written certification that all terms and conditions set forth in the site plan approval have been met. Failure to comply with a term or condition of site plan approval prior to commencement of the approved use shall be a violation of this article and shall be subject to such penalties as are set forth in §280- 155 of this chapter. Upon recommendation of the Planning Board and approval of the Town Attorney, the Building Inspector may revoke an existing certificate of occupancy upon a showing that the subject premises is being occupied or used in violation of an approved site plan and may direct that such occupancy or use be discontinued. The Town Attorney is authorized to commence proceedings in a court of appropriate .jurisdiction to restrain said use or occupancy. [Amended 6-7-2005 by L.L. No. 8-2005] §280-131. Review procedure. Presubmission conference. Prior to the submission of a site ~ plan, the applicant or his agent shall meet with the Planning Board or its representative. The purpose of such conference shall be to discuss proposed uses or development plan Updated: 1/17/2012 3:12 PM by Lynne Krauza Page 5 Resolution 2012-103 Board Meeting of January 17, 2012 elements that shall be submitted to the Planning Board in order for said Board to determine conformity with the provisions and intent of this article. Said meeting shall take place within 30 calendar days from the date of written request therefor. Site dea~qopmem plan. Nine copies of the site development plan application and any related information as defined during the presubmission conference shall be submitted to the Planning Board within four months of the presubmission conference. If a site dm~dopmem plan application is not submitted within four months following a presubmission conference, another conference may be required by the Planning Board. (1) Within 10 business days of receipt of the application, the Planning Board shall determine whether to accept, reject or request revision of the application. (2) If the Planning Board determines said application to be acceptable but in need of revision, it shall notify the applicant, in writing, wherein said application is deficient within 30 calendar days. (3) Within the thirty-calendar-day period from receipt of the application, the following shall also take place: the site plan reviewer (or other delegate of the Planning Board) shall hold a joint meeting with a representative of the Building Department authorized to review building plans, for the purpose of making a joint recommendation as to whether the site plan application complies with all applicable zoning regulations or whether any variances are required from the Zoning Board of Appeals; that recommendation shall be forwarded to the Building Inspector, who shall either endorse or revise that recommendation; and in the event the Building Inspector's zoning determination indicates that a variance is required, the site plan reviewer (or other delegate of the Planning Board) shall so inform the applicant; and in the event the applicant wishes to proceed with the application as submitted, the Building Inspector shall issue a notice of disapproval at that time. This procedure shall also apply to any amendments to the site plan application. (4) In the case of a variance or special exception application requiring site plan approval, the site deve!c, pment plan application shall be subjected to preliminary review and written comments by the Planning Board within 60 days of such request by the Board of Appeals. (a) In no case may the Planning Board grant site plan approval prior to the issuance of a special exception by the Zoning Board of Appeals, if such is required. (b) Before the Planning Board can approve any application for the amendment of a use or structure for which a special exception was granted, the applicant must obtain permission from the Zoning Board of Appeals to expand or otherwise alter or change either the use or the structure. The Planning Board may vary or waive parking requirements, provided that such change will not have a detrimental effect on the public health, safety or general Updated: 1/17/2012 3:12 PM by Lynne Krauza Page 6 Resolution 2012-103 Board Meeting of January 17, 2012 welfare and will not have the effect of nullifying the intent and provision of this chapter. (a) The Planning Board may allow or require landscaping to be installed in place of specified parking spaces. (b) On any site for which the Planning Board grants approval for less than the required number of spaces for that use, the Planning Board shall have the right to review the parking requirements again ifa change of use is proposed. (6) Review of a new site plan for a lot on which an approved site plan already exists shall not proceed until the approved plan is withdrawn by the applicant. When the Planning Board determines said application to be acceptable, it shall, within 10 business days of such determination, distribute said application and documentation to the Town, county and state agencies having jurisdiction, for their comment. Such referral shall include a referral to the Architectural Review Committee. The Architectural Review Committee shall may make a written recommendation to the Planning Board on the site plan within 10 business days of receipt of the referral. If the Committee fails to make a recommendation within this time period, the project shall proceed to the Planning Board for consideration without Committee review. Notwithstanding the foregoing, applications involving only structures requiring review by the Historic Preservation Commission for a certificate of appropriateness under Chapter 170, Historic Landmark Preservation Law, of this Code shall not also be referred to the Architectural Review Committee for review. [Amended 2-13-2007 by L.L. No. 6-2007] Upon receipt and review of written comments from each of the agencies to which the proposed site plan was distributed, the Planning Board shall, within a reasonable period of time, not to exceed 30 days, determine whether to require revisions to the proposed plan. No decision on the application shall be made until the State Environmental Quality Review ActEN process is completed. After the Planning Board has determined that the proposed site plan is suitable for approval, it shall: (1) Forward the plan to the Building Inspector/'or final review and certification. (2) Forward the plan to the Fire Commissioner of the fire district within which the site is located for a determination as to whether a fire well is needed and, if so, its location. (3) Notify the applicant, in writing, to make an application for the appropriate curb cut permits. (4) Submit the proposed site plan to the Suffolk County Planning Commission in Updated: 1/17/2012 3:12 PM by Lynne Krauza Page 7 Resolution 2012-103 Board Meeting of January 17, 2012 accordance with the provision of the Suffolk County Charter, if necessary. Upon receipt of the Building Inspector's certification, the Fire Commissioner's response, the curb cut permits and the comments of the Suffolk County Planning Commission, the Plarming Board shall place the site plan on the agenda of the next regularly scheduled public meeting. The Planning Board shall hold a public hearing to consider the application. Notice shall be provided pursuant to Chapter 55, Notice of Public Hearings. Notwithstanding this requirement, with respect to applications involving modifications to existing structures with no substantial change to the existing footprint, where the Planning Board determines that such modifications or any change in use will not require significant changes to existing major site design features, as well as applications involving uses strictly related to agriculture (but excepting retail winery operations), the Planning Board shall have the discretion to waive the public hearing requirement and may act on such application by filed resolution at a duly noticed public meeting. Prior to the Planning Board's endorsement of the site plan, the applicant must sign a statement placed on the site plan indicating his/her knowledge and acceptance of the conditions of approval. Amendments to an existing site plan may be acted upon in the same manner as a new site plan. lmprc .................................. Guaranty of Performance ¢1) Public Improvements: A guaranty of performance may be required for all public improvements as part of the conditions of approval. Ifa guaranty of performance is required, the provisions of Article IX, Bonds and Other Security, shall apply. (2) Other on-site improvements including, but not limited to, securing the property, buffers, landscaping and/or screening: A guaranty of performance may be required for on-site improvements as part of the conditions of approval under the following circumstances: (a) where the application involves a commercial property that abuts or is across any public or private street from a residential property. (b) where the application involves a change or intensification of use that may have potential impacts on adjacent property owners. Default: In the event that the applicant fails to comply with the provisions of this section, and complete the required improvements, the Town Board may thereupon declare the said ~uaranty of performance (i.e., performance bond, letter of credit, or other equivalent security) in default and collect the sum remaining payable Updated: 1/17/2012 3:12 PM by Lynne Krauza Page 8 Resolution 2012-103 Board Meeting of January 17, 2012 thereunder; and upon the receipt thereof, the Town shall install such improvements as are covered by such security and as commensurate with the extent of building development that has taken place on the property. Where the cost of the improvements exceeds the forfeited security, the additional cost, including, but not limited to, any legal fees incurred, shall be and constitute a lien upon the land upon which the improvements are to be made and shall be included in the levy against such property. L. Within 10 days of final approval, a copy of the endorsed site plan shall be sent to: (1) The Building Department. (2) The Town Engineer. (3) The Town Trustees, when applicable. (4) The Highway Department. (5) The Zoning Board of Appeals, when applicable. The Planning Board shall have the right to deny the proposed site plan for lack of compliance with the provisions of the Town Code, The Planning Board shall notify the applicant, in writing, within 10 days of such determination, of the reasons for such denial. {}280-132. Duration of plan. An approved site dcvc!opme."a plan shall be valid for a period of O~ee-yea~ 18 months from the date of approval. All work proposed on the plan shall be completed within three /,'ears 18 months from the date of approval unless a longer period was approved or the applicant obtains an extension from the Planning Board. However, all terms and conditions of any approved site plan or approved amendment are immediately enforceable and compliance is required prior to the commencement of the approved use, unless the Planning Board expressly states an alternative period of time for compliance within the site plan approval. All site plans which have received final approval prior to the enactment of this article shall remain valid for a period of three years from the date of such enactment. This period will begin ~vhen all governmental approvals have been obtained. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE Updated: 1/17/2012 3:12 PM by Lynne Krauza Page 9 Resolution 2012-103 Board Meeting of January 17, 2012 This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Talbot, Councilman SECONDER: Jill Doherty, Councilwoman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell Updated: 1/17/2012 3:12 PM by Lynne Krauza Page 10 RESOLUTION 2012-103 ADOPTED DOC ID: 7503 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-103 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 17, 2012: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 17th day of January, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280~ Zoning~ in connection with Site Plan Approval" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 14th day of February, 2012 at 7:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280~ Zoning~ in connection with Site Plan Approval" reads as follows: LOCAL LAW NO. 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Site Plan Approval". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. To provide for the health, safety and welfare of the citizens of the Town of Southold, it is necessary to make certain amendments to Article XXIV "Site Plan Approval" of Chapter 280. These amendments are intended to codify and clarify existing policies, site plan objectives and approval requirements and procedures. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-127. Applicability. 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, § 280-13A(1), and customary nonagricultural accessory uses to a single-family residential home use as stated in the Town Code. Any change in use or 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 d~aqfl~pva~- plans by the Planning Board, no building permit shall be issued by the Building Inspector except upon Resolution 2012-103 Board Meeting of January 17, 2012 authorization of and in conformity with the site plan approval by the Planning Board and all other public agencies involved. §280-128. Findings of fact; purpose. The Town Board wishes to protect the unique rural and open space character of the Town and hereby finds that development within the Town, exclusive of the Incorporated Village of Greenport, should proceed along the lines of good order and with due regard to the public interest, including but not limited to the following: exterior design of new or renovated structures and portions thereof; the construction and location of parking areas, whether or not accompanied by new building construction; changes in the use of existing structures; the use of open land; and that the proposed site use would impact beneficially on the well-being of the population in general, increase the Town's tax base and facilitate the local economy. B. It is the purpose of this article to encourage good design and to: (1) Protect the established character and value of the adjoining properties, both public and private, and of the neighborhood in which they are located. (2) Lessen and, where possible, prevent traffic congestion on the streets and highways upon which the site fronts or which provide vehicular or pedestrian access thereto. (3) Prevent overcrowding of land or buildings. (4) Secure safety from fire, flood and other dangers and provide adequate light, air and convenience of access. (5) Mitigate the environmental impacts of new development on the land, air and water resources. §280-129. Objectives. In considering and acting upon site devetopmem plans, the Planning Board shall take into consideration the public health, safety and welfare, the economic impact and the comfort and convenience of the public in general and the residents of the immediate neighborhood in particular and 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 this chapter and the accomplishment of the following objectives in particular: Traffic access: that all proposed traffic accessways are adequate but not excessive in number; adequate in width, grade, alignment and visibility; are located in proper relationship to intersections, pedestrian crossings and other places of public assembly; and, further, are in conformance with overall traffic safety considerations. Other public agencies may require further improvements above and beyond the Town's requirements. Roadway improvements not directly in front of the site may be necessary and required, based on overall traffic circulation and signalization of adjacent access points and streets. Updated: 1/17/2012 3:12 PM by Lynne Krauza Page 2 Resolution 2012-103 Board Meeting of January 17, 2012 Interior circulation and parking: that adequate off-street parking and loading spaces are provided to satisfy the parking needs of the proposed uses on site and that the interior circulation system is so designed to provide convenient access to such spaces consistent with pedestrian safety, and, further, that loading areas shall not impede the flow of interior pedestrian and vehicular traffic and that for certain uses, adequate interior roadways are provided to confine operations to the site. Handicap accessibility shall be provided and placed at the nearest point to the proposed structure. Landscaping and screening: that all parking, service and similar areas are screened at all seasons of the year from view of adjacent residential districts and streets and that the landscaping of the site complements the intended use. Existing trees of at least six inches or more in diameter measured three feet above the base of the trunk shall be retained to the maximum extent possible. D. Natural features: that high priority shall be given to: (1) The conservation of all natural features on and adjacent to the site, including but not limited to natural drainage-courses, fresh- and saltwater wetlands and marshes, dunes, bluffs, beaches, escarpments, woodlands, large trees, unique plant and wildlife habitats, flood hazard areas and wildlife breeding areas. (2) The protection of ground- and surface water from contamination by pollutants. (3) The protection of air quality. Pavement: that all other paved areas intended for use by pedestrians and vehicles shall make use of an aesthetically pleasing and safe combination of pavements and plant materials which would serve to encourage their use by pedestrians and vehicles. Lighting: that all outdoor lighting shall be of such a nature and so arranged as to minimize the projection of direct light and glare onto adjoining properties and streets. Outdoor lighting shall be compatible with the intended use and also the zoning district, particularly in or adjacent to residential zones. Public address intercom or sound systems: that any sound or public-address system shall be located to minimize sound to adjoining properties or on the adjacent street. Grading and drainage: that all site developments shall respect existing grades on site and on adjoining sites to avoid unnecessary excavation or filling and that all stormwater runoff generated on site will be retained on site in an environmentally acceptable manner. All grading and drainage plans must meet with the requirements of the Town Engineer and/or Superintendent of Highways. Public utilities: that plans for water supply and sewage disposal, cable, telephone, electricity, gas, etc., shall be considered and included in this section and shall conform to such public requirements and standards as may exist. Updated: 1/17/2012 3:12 PM by Lynne Krauza Page 3 Resolution 2012-103 Board Meeting of January 17, 2012 J. Existing development and Comprehensive Development Plan: that the development proposed is at a scale consistent with existing development and with the Comprehensive Development Plan of the Town of Southold. Architectural features: that the natural features of the site and surroundings, exterior design and appearances of existing adjacent structures and the character of the district are evaluated in accordance with the architectural standards set forth in this chapter. [Amended 5-15-1995 by L.L. No. 7-1995] Handicapped access: that the site plan and building design shall accommodate the needs of the handicapped and be in conformance with the applicable state and local standards concerning the same. ARTICLE XXIV~ Site Plan Approval §280-130. Approval of site plan required. After the filing of an application for a building permit, the Building Inspector shall make a determination as to whether a site plan or an amendment thereto is required, and this written determination shall be forwarded to the Planning Department for comment. The Planning Department must provide written comments on this determination to the Building Inspector within five business days, or be deemed to have waived the opportunity to comment. After review of comments, or after the time period for comment has elapsed, the Building Inspector shall issue a final determination to the applicant, which shall in no event be more than 15 business days from the filing of the application. Such determination shall also include a written decision as to whether the proposed use is permitted and whether a special exception is required from the Zoning Board of Appeals. No building permit shall be issued for any structure or building for which use a site plan is required pursuant to this chapter, until, if required, an approved site a..~:clc, pment plan or approved amendment of any such plan has been secured by the applicant from the Planning Board and presented to the Building Inspector, along with all necessary approvals and permits as may be required by other public agencies. [Amended 5-15-1995 by L.L. No. 8-1995; 3-9-2004 by L.L. No. 8-2004; 12-14-2004 by L.L. No. 25-2004] No regrading, clearing, tree removal or any other work ;~n ........ :~ ^r ~., ........ c ~ site, except limited cleating needed to undertake survey work or soils investigations, may take place ~ ~'~ ~;'~'~ *~ .~r~ ~n~ · . .... v ............... ~ ....until the site plan has been approved by the Planning Board or the Planning Board authorizes such work in writing. No certificate of occupancy shall be issued for any building, structure, premises, lot or use of land covered by this article unless the structure has been completed (whether the structure is being constructed, renovated, reconstructed, altered, moved or put into use), and the site is developed in accordance with an approved site de~dopm~ plan or approved amendment of any such plan. Upon request of the owner or his authorized agent for a certificate of occupancy, the Building Inspector shall issue the certificate, provided that said Building Inspector, along with the Planning Board, shall find that such building or structure and site is in Updated: 1/17/2012 3:12 PM by Lynne Krauza Page 4 Resolution 2012-103 conformity with the approved site plan. Board Meeting of January 17, 2012 After a certificate of occupancy is issued, there shall be no exterior alterations of a building that expand the footprint or any revisions of the site or changes of use without first obtaining Planning Board approval. Failure to obtain site plan approval shall be a violation of this article and shall be subject to such penalties as are set forth in § 280-155 of this chapter. [Amended 6-7-2005 by L.L. No. 8-2005] Failure to comply with a term or condition of an approved site plan shall be a violation of this article and shall be subject to such penalties as are set forth in § 280-155 of this chapter. The Planning Board shall retain iurisdiction and shall have the right, after a public hearing, to modify, suspend or revoke such approval or any term or condition thereof or to impose thereon one or more new conditions, based upon one of the following grounds: (1) False statements or mistake of material fact: materially false or inaccurate statements in the application, supporting papers or supporting testimony or ignorance or misunderstanding of a material fact by the Planning Board, which fact, had it been known to the Board at the time of its review, would have resulted in a denial of the approval sought. (2) Non-compliance with the terms and conditions of such approval: failure of the applicant-permittee to comply with any conditions or terms of approval. (3) Activity beyond such approval: exceeding the scope of the activity, use or proiect as the same was described in the application. Any use that has received site plan approval by the Planning Board shall not be commenced unless the Planning Board issues a written certification that all terms and conditions set forth in the site plan approval have been met. Failure to comply with a term or condition of site plan approval prior to commencement of the approved use shall be a violation of this article and shall be subiect to such penalties as are set forth in §280- 155 of this chapter. Upon recommendation of the Planning Board and approval of the Town Attorney, the Building Inspector may revoke an existing certificate of occupancy upon a showing that the subject premises is being occupied or used in violation of an approved site plan and may direct that such occupancy or use be discontinued. The Town Attorney is authorized to commence proceedings in a court of appropriate jurisdiction to restrain said use or occupancy. [Amended 6-7-2005 by L.L. No. 8-2005] §280-131. Review procedure. Presubmission conference. Prior to the submission of a site dc;'z!v. Fmcnt plan, the applicant or his agent shall meet with the Planning Board or its representative. The purpose of such conference shall be to discuss proposed uses or development plan Updated: 1/17/2012 3:12 PM by Lynne Krauza Page 5 Resolution 2012-103 Board Meeting of January 17, 2012 elements that shall be submitted to the Planning Board in order for said Board to determine conformity with the provisions and intent of this article. Said meeting shall take place within 30 calendar days from the date of written request therefor. Site ah~qopm~,t plan. Nine copies of the site ~ plan application and any related information as defined during the presubmission conference shall be submitted to the Planning Board within four months of the presubmission conference. If a site wv'~'. '~vivv...~,,L' plan application is not submitted within four months following a presubmission conference, another conference may be required by the Planning Board. (1) Within 10 business days of receipt of the application, the Planning Board shall determine whether to accept, reject or request revision of the application. (2) If the Planning Board determines said application to be acceptable but in need of revision, it shall notify the applicant, in writing, wherein said application is deficient within 30 calendar days. (3) Within the thirty-calendar-day period from receipt of the application, the following shall also take place: the site plan reviewer (or other delegate of the Planning Board) shall hold a joint meeting with a representative of the Building Department authorized to review building plans, for the purpose of making a joint recommendation as to whether the site plan application complies with all applicable zoning regulations or whether any variances are required from the Zoning Board of Appeals; that recommendation shall be forwarded to the Building Inspector, who shall either endorse or revise that recommendation; and in the event the Building Inspector's zoning determination indicates that a variance is required, the site plan reviewer (or other delegate of the Planning Board) shall so inform the applicant; and in the event the applicant wishes to proceed with the application as submitted, the Building Inspector shall issue a notice of disapproval at that time. This procedure shall also apply to any amendments to the site plan application. (4) In the case of a variance or special exception application requiring site plan approval, the site ~ plan application shall be subjected to preliminary review and written comments by the Planning Board within 60 days of such request by the Board of Appeals. (a) In no case may the Planning Board grant site plan approval prior to the issuance of a special exception by the Zoning Board of Appeals, if such is required. (b) Before the Planning Board can approve any application for the amendment of a use or structure for which a special exception was granted, the applicant must obtain permission from the Zoning Board of Appeals to expand or otherwise alter or change either the use or the structure. (5) The Planning Board may vary or waive parking requirements, provided that such change will not have a detrimental effect on the public health, safety or general Updated: 1/17/2012 3:12 PM by Lynne Krauza Page 6 Resolution 2012-103 Board Meeting of January 17, 2012 welfare and will not have the effect of nullifying the intent and provision of this chapter. (a) The Planning Board may allow or require landscaping to be installed in place of specified parking spaces. (b) On any site for which the Planning Board grants approval for less than the required number of spaces for that use, the Planning Board shall have the right to review the parking requirements again ifa change of use is proposed. (6) Review of a new site plan for a lot on which an approved site plan already exists shall not proceed until the approved plan is withdrawn by the applicant. When the Planning Board determines said application to be acceptable, it shall, within 10 business days of such determination, distribute said application and documentation to the Town, county and state agencies having jurisdiction, for their comment. Such referral shall include a referral to the Amhitectural Review Committee. The Architectural Review Committee aka!! may make a written recommendation to the Planning Board on the site plan within 10 business days of receipt of the referral. If the Committee fails to make a recommendation within this time period, the project shall proceed to the Planning Board for consideration without Committee review. Notwithstanding the foregoing, applications involving only structures requiring review by the Historic Preservation Commission for a certificate of appropriateness under Chapter 170, Historic Landmark Preservation Law, of this Code shall not also be referred to the Architectural Review Committee for review. [Amended 2-13-2007 by L.L. No. 6-2007] Upon receipt and review of written comments from each of the agencies to which the proposed site plan was distributed, the Planning Board shall, within a reasonable period of time, not to exceed 30 days, determine whether to require revisions to the proposed plan. No decision on the application shall be made until the State Environmental Quality Review ActEN process is completed. F4 After the Planning Board has determined that the proposed site plan is suitable for approval, it shall: (1) Forward the plan to the Building Inspector for final review and certification. (2) Forward the plan to the Fire Commissioner of the fire district within which the site is located for a determination as to whether a fire well is needed and, if so, its location. (3) Notify the applicant, in writing, to make an application for the appropriate curb cut permits. (4) Submit the proposed site plan to the Suffolk County Planning Commission in Updated: 1/17/2012 3:12 PM by Lynne Krauza Page 7 Resolution 2012-103 Board Meeting of January 17, 2012 accordance with the provision of the Suffolk County Charter, if necessary. Upon receipt of the Building Inspector's certification, the Fire Commissioner's response, the curb cut permits and the comments of the Suffolk County Planning Commission, the Planning Board shall place the site plan on the agenda of the next regularly scheduled public meeting. The Planning Board shall hold a public heating to consider the application. Notice shall be provided pursuant to Chapter 55, Notice of Public Heatings. Notwithstanding this requirement, with respect to applications involving modifications to existing structures with no substantial change to the existing footprint, where the Planning Board determines that such modifications or any change in use will not require significant changes to existing major site design features, as well as applications involving uses strictly related to agriculture (but excepting retail winery operations), the Planning Board shall have the discretion to waive the public hearing requirement and may act on such application by filed resolution at a duly noticed public meeting. Prior to the Planning Board's endorsement of the site plan, the applicant must sign a statement placed on the site plan indicating his/her knowledge and acceptance of the conditions of approval. Amendments to an existing site plan may be acted upon in the same manner as a new site plan. Guaranty of Performance (1) Public Improvements: A guaranty of performance may be required for all public improvements as part of the conditions of approval. Ifa guaranty of performance is required, the provisions of Article IX, Bonds and Other Security, shall apply. (2) Other on-site improvements including, but not limited to, securing the property, buffers, landscaping and/or screening: A guaranty of performance may be required for on-site improvements as part of the conditions of approval under the following circumstances: (a) where the application involves a commercial property that abuts or is across any public or private street from a residential property. (b) where the application involves a change or intensification of use that may have potential impacts on adiacent property owners. (3) Default: In the event that the applicant fails to comply with the provisions of this section, and complete the required improvements, the Town Board may thereupon declare the said guaranty of performance (i.e., performance bond, letter &credit, or other equivalent security) in default and collect the sum remaining payable Updated: 1/17/2012 3:12 PM by Lynne Krauza Page 8 Resolution 2012-103 Board Meeting of January 17, 2012 thereunder~ and upon the receipt thereof, the Town shall install such improvements as are covered by such security and as commensurate with the extent of building development that has taken place on the property. Where the cost of the improvements exceeds the forfeited security, the additional cost, including, but not limited to, any legal fees incurred, shall be and constitute a lien upon the land upon which the improvements are to be made and shall be included in the levy against such property. L. Within 10 days of final approval, a copy of the endorsed site plan shall be sent to: (1) The Building Department. (2) The Town Engineer. (3) The Town Trustees, when applicable. (4) The Highway Department. (5) The Zoning Board of Appeals, when applicable. The Planning Board shall have the right to deny the proposed site plan for lack of compliance with the provisions of the Town Code, The Planning Board shall notify the applicant, in writing, within 10 days of such determination, of the reasons for such denial. {}280-132. Duration of plan. An approved site ~ plan shall be valid for a period of~ 18 months from the date of approval. All work proposed on the plan shall be completed within t?,rec years 18 months from the date of approval unless a longer period was approved or the applicant obtains an extension from the Planning Board. However, all terms and conditions of any approved site plan or approved amendment are immediately enforceable and compliance is required prior to the commencement of the approved use, unless the Planning Board expressly states an alternative period of time for compliance within the site plan approval. All site plans which have received final approval prior to the enactment of this article shall remain valid for a period of three years from the date of such enactment. This period will begin when all governmental approvals have been obtained. IlL SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE Updated: 1/17/2012 3:12 PM by Lynne Krauza Page 9 Resolution 2012-103 Board Meeting of January 17, 2012 This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Talbot, Councilman SECONDER: Jill Doherty, Councilwoman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell Updated: 1/17/2012 3:12 PM by Lynne Krauza Page 10 RESOLUTION 2012-104 ADOPTED DOC ID: 7504 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-104 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 17, 2012: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to transmit the proposed Local Law entitled "A Local Law in relation to Amendments to Chapter 280~ Zoning~ in connection with Site Plan Approval" to the Southold Town Planning Board and the Suffolk County Department of Planning for their recommendations and reports. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS} MOVER: Jill Doherty, Councilwoman SECONDER: William Ruland, Councilman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell