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HomeMy WebLinkAboutLL 2012 #05ANDREW M. CUOMO (~OVERNOR STATE OF N:EW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA 99 WASHINGTON AVENUE ALBANY, NY 12231-0001 CESAR A. PERALES SECRETARY OF ~TATE April 23, 2012 Lynda M Rudder Deputy Town Clerk Town Hall, 53095 Main Road PO Box 1179 Southold NY 11971 RECEIVED APR 2 7 201Z $outhold Town Clerk RE: Town of Southold, Local Law 5 2012, filed on April 16, 2012 Dear Sir/Madam: The above referenced material was filed by this office as indicated. Additional local law filing forms can be obtained from our website, www.dos.state.ny.us. Sincerely, State Records and Law Bureau (518) 474-2755 WWW.DO~.NY.GOV E-MAIL: INFO~DO$.NY.GOV 000 rt. 3:0 ..3 OXO SOUTHOLO MPO SOUTHOLD, New York 119711000 3548330971-0097 04/12/2012 (800)275-8777 03:15:35 PM Sales Receipt ========= Product Sale Unit Final Description Qty Price Price ALBANY NY 12231 $18,95 Zone-2 Express Nail PO-Add Flat Rate Env 4.20 cz. Label #:EM630126496US Sat 04/14/12 12:00PH - Expected Delivery. Money Back guarantee Signature Requested Paid by account: $18,95 EMCA number: 119294 TOWN OF SDUTHOLD Issue PVI: $0.00 Total; $0,00 Paid by: Order stamps at usps.com/shop or call 1-800-Stamp24. Oo to usps.com/clicknship to print shipping labels with postage. For other information call 1-800-ASK-USPS. Get your mail when and where you want it with a secure Post Office Box. Sign up for a box online at usps.com/poboxes, Bi11#:1000302219521 Clerk:77 All sales final on stamps and postage Refunds for guaranteed services only Thank you for your business ************************************ ************************************ HELP US SERVE YOU BETTER Go to: https://postalexperience,com/Pos TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE YOUR OPINION COUNTS Customer Copy 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 EM630126496US April 12, 2012 Express Mail Local Law No. 5 of 2012 Town of Southold, Suffolk County Ms. Linda Lasch Principal Clerk New York State Department of State State Records & Law Bureau One Commerce Plaza 99 Washington Avenue Albany, NY 12231 Dear Ms. Lasch: In accordance with provisions of Section 27 of the Municipal Home Rule Law, I am enclosing herewith certified copy of Local Law No. 5 of 2012 of the Town of Southold, suitable for filing in your office. I would appreciate if you would send me a receipt indicating the filing of the enclosures in your office. Thank you. Very truly yours, Lynda M Rudder Deputy Town Clerk Enclosures cc: Town Attorney Local Law Filing NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET ALBANY? NY 12231 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. rn County [] City [] Town of [] Village SOUTHOLD Local Law No. 5 of the year 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 the Town Board of the: rn County [] City [] Town of [] Village SOUTHOLD 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. 11. 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 II1, § 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 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. (If additional space is needed, attach pages the same size as this sheet, and number each.) 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 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: (i) 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 wilt 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 dais, 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 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, except limited clearing needed to undertake survey work or soils investigations, may take 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 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 of a material fact, which fact, had it been known to the Planning 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 met2 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 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 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 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 5 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 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 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 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 in an amount to be determined by the Planning Board for the estimated value of 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 substantially impact 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. 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. 7 (6) The Assessors. 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 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. (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 8 1. (Final adoption by local legislative body only.) 1 hereby certify that the local law annexed hereto, designated as local law No. 5 of 20 12 of the (Cz~:.~j)(C!~')(Town) ('.'~:.gz) of SOUTHOLD was duly passed by the TOWN BOARD on April 10 ,20 12 , in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval, no disapproval or re-passage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20__ of the (County)(City)(Town)(Village) of was duly passed by the on 20 __, and was (approved)(not approved)(re-passed after disapproval) by the and was deemed duly adopted on 20__ in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approvedXnot approved)(repassed after disapproval) by the on 20 __. Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote ora majority of the qualified electors voting thereon at the (general)(special)(annual) election held on 20 , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village)_ of was duly passed by the on 20 , and was (approved)(not approved) (repassed after disapproval) by the on 20 Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20__, in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county- wide basis or, If there be none, the chairperson of the county legislative body, the mayor ora city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 __ of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote ora majority of the qualified electors of such city voting thereon at the (special)(general) election held on 20 __ became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No of 20 of the County of State of New York, having been submitled to the electors at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote ora majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) 1 further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript there from and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph 1 , above. Clerk oft~ County legislative body. City. lown or (SeaO Village Clerk or officer designated by local legislative body Elizabeth A. Neville, Town Clerk Date: April 11~ 2012 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF SUFFOLK 1, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law an~x~e~//~, ~ ~ ~,, S~na~ure V/ Ma~ D. Fittl~egan, Esq., Town Attorney Jennifer Andaloro~ Esq. Assistant Town Attorney Title Town of SOUTltOLD Date: April 11~ 2012 l0 Southold Town Board - Letter Board Meeting of April 10, 2012 RESOLUTION 2012-347 ADOPTED Item # 5.42 DOC ID: 7777 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-347 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 10, 2012: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 13th day of March, 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. 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 $outhold 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 II1, § 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 Generated April 10, 2012 Page 65 Southold Town Board - Letter Board Meeting of April 10, 2012 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 dcvc,!zpmerX 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. (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. Generated April 10, 2012 Page 66 Southold Town Board - Letter Board Meeting of April 10, 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. 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. 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 Generated April 10, 2012 Page 67 Southold Town Board - Letter Board Meeting of April 10, 2012 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 development 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 prcparatien ef ~,:turc usc efa site, except limited clearing needed to undertake survey work or soils investigations, may take place er ~e pe.~-'rnitte~ tv ta!m 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 dc;'c!cpm~nt 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 Generated April 10, 2012 Page 68 Southold Town Board - Letter Board Meeting of April 10, 2012 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 of a material fact, which fact, had it been known to the Planning 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] t4.1_. §280-131. Review procedure. Presubmission conference. Prior to the submission of a site de;'e!eFment 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 ...... v ....... plan. Nine copies of the site de*.'c!c, 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 ...... v ....... 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 Generated April 10, 2012 Page 69 Southold Town Board - Letter Board Meeting of April 10, 2012 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 devetopmem 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 tbr 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] Generated April 10, 2012 Page 70 Southold Town Board - Letter Board Meeting of April 10, 2012 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 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. If a 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 in an amount to be determined by the Planning Board for the estimated value of on-site improvements as part of the conditions of approval under the Generated April 10, 2012 Page 71 Southold Town Board - Letter Board Meeting of April 10, 2012 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 substantially impact 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. 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. (6) The Assessors. 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~,~gopme~ 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 tbaee 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. 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 Generated April 10, 2012 Page 72 Southold Town Board - Letter Board Meeting of April 10, 2012 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. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell Generated April 10, 2012 Page 73 Rudder, Lynda From: Sent: To: Subject: ezsupp [ezsupp@generalcode.com] Wednesday, April 11, 2012 2:13 PM Rudder, Lynda RE: LL # 5 Thank you for your e-mail. If you are sending legislation for your next Code supplement, it will be processed in the usual manner. All other messages will be forwarded to the appropriate person, who will respond to your inquiry as soon as possible. If you have any questions, please do not hesitate to call or e' mail your Account Representative. General Code 1-800-836-8834 ezsupp@generalcode.com SOUTHOLD TOWN BOARD PUBLIC HEARING Apfill0,2012 7:32 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman Albert Krupski, Jr. Councilman William Ruland Councilman Christopher Talbot Councilwoman Jill Doherty Town Clerk Elizabeth Neville Assistant Town Attorney Jennifer Andaloro This heating was opened at 7:57PM 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 13th day of March, 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 l0th day of April, 2012 at 7:32 p.m. at which time all interested persons will be given an opportunity to be heard. A complete copy of the text is available from the Southold Town Clerk's office during normal business hours or may be viewed on the town's website: southoldtown.northfork.net The text showing changes to the Town Code in 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 Amendments to Chapter 280, Site Plan Approval 2 Public Hearing April 10, 2012 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 dzvc!zFmzrA 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. §280-129. Objectives. In considering and acting upon site ~ 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: 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 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. ARTICLE KXlV~ 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 Amendments to Chapter 280, Site Plan Approval Public Hearing April 10, 2012 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 d~y~topm~ 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] removal or any other work 2. No regrading, cleating, tree ........ ~, except limited clearing needed to undertake survey work or soils investigations, may take place er be pzr:r..2~e~ t~, t"&c 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 6h~v~opm~ plan or approved amendment of any such plan. 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 of a material fact, which fact, had it been known to the Planning 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. Amendments to Chapter 280, Site Plan Approval 4 Public Hearing April 10, 2012 t~. I. 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 dc;'z!c~mer~ 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 devetopmem plan. Nine copies of the site d~,~opmem 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 d~ 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 de~qopmem 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. Amendments to Chapter 280, Site Plan Approval Public Heating April 10, 2012 (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 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 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] Code. Guaranty of Performance (5) (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. Amendments to Chapter 280, Site Plan Approval Public Hearing April 10, 2012 (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 in an amount to be determined by the Planning Board for the estimated value of 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 fi.om a residential property. (b) where the application involves a change or intensification of use that may substantially impact 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 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. (6) The Assessors. M. 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 Pla~ing 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 ~ 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~rez year: 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 fi.om the date of such enactment. This period will begin when all governmental approvals have been obtained. III. SEVERABILITY Amendments to Chapter 280, Site Plan Approval 7 Public Hearing April I0, 2012 If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any corot 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 prat so decided to be unconstitutional or invalid. V. 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 published in the Suffolk Times on March 29, 2012. There is an affidavit of publication dated April 3, 2012. That it was posted on the Town Clerk's bulletin board on March 13th, 2012 with the affidavit of posting from the Town Clerk. It was also posted on the Town of Southold's website on that same date. It was referred to the Suffolk County Department of Planning and the Southold Town Planning Board on March 15, 2012. From the Suffolk County Department of Planning, 'Dear Ms. Neville, Pursuant to the requirements of section 14-14 through A 14-25 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 of 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 a disapproval.' And that is from Sarah Lansdale, director of planning and Andrew Freleng, chief planner. We also have a letter from Donald Wilcenski, chairman of the Planning Board. "Thank you for the opportunity to provide comments on the proposed amendments of the town code, referenced above. The Planning Board has reviewed the proposed amendments and supports the changes. These changes are reasonable and necessary to improve the site plan process and protect the public safety and welfare." And that is it. SUPERVISOR RUSSELL: Would anybody like to comment on this particular local law? JOHN LADEMANN: John Lademann, Cutchogue. I would just like to know whether this will help with the problem with the unregistered vehicles riding on Alvah's Lane? They can use their own property instead of using town property. Will this help it? SUPERVISOR RUSSELL: Under the current proposal it wouldn't because that site plan was approved prior to the adoption of this law. It doesn't mean that it won't come into play down the road regarding the future of that site but cun'ently, we can't apply a new law to a site plan that has already been approved. MR. LADEMANN: In other words, it won't? SUPERVISOR RUSSELL: No, unfortunately. MR. LADEMANN: I thought that site plan would be no good now, if this goes through. SUPERVISOR RUSSELL: Inaudible. MR. LADEMANN: That is what I was told. That is what we were told. Amendments to Chapter 280, Site Plan Approval 8 Public Hearing April 10, 2012 SUPERVISOR RUSSELL: We are working on it. We are working on it. MR. LADEMANN: Well, we have heard that story now for quite a few years. Working on it. SUPERVISOR RUSSELL: We violated again, with those, we have been through this. We have violated those vehicles, and we have an ADA that won't prosecute them. We need help there. MR. LADEMANN: They are not farm vehicles. You can check that out. They can be used out on the lot but not on the road. SUPERVISOR RUSSELL: Would anybody else like to comment on this particular local law? (No response). This heating was closed at 8:03 PM ~~eville Southold Town Clerk STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on thc 15th day of March ., 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: Public Hearing on Local Law Site Plan Amendments to be held at 7u:32 P.M., Tuesday, April 10, 2012 Sworn before me this 15th day of March , 2012. ' 'Notar~ Pubic- '- LINDA J COOPER NOTARY PUBLIC, State of New York ,,o o~co-~i]~25~3 s.~folx cou,~¢~ :-.,.,'.. ',-ir,:'.~ De..ember 31,201~r SUMMARY OF LL/SITE PLAN AMENDMENTS THE PROPOSED LOCAL LAW THAT IS THE SUBJECT OF THIS EVENING'S PUBLIC HEARING 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 PERMITS THE PLANNING BOARD TO REQUIRE ADEQUATE ROADWAYS FOR CERTAIN USES. 280-129(B) INTERIOR 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 CURRENT VERSION OF THE LOCAL LAW THAT IS BEING NOTICED INCORPORATES REVISIONS THAT RESULTED FROM PRIOR COMMENTS MADE AT THE PUBLIC HEARING AND CODE COMMITTEE DISCUSSIONS. THE FULL TEXT OF THE PROPOSED LOCAL LAW IS AVAILABLE FOR REVIEW IN THE TOWN CLERK'S OFFICE. SUMMARY OF LL/WATERFOWL & GULL FEEDING & PET WASTE THE PROPOSED LOCAL LAW THAT IS BEING SET FOR PUBLIC HEARING THIS EVENING AMENDS CHAPTER 83 OF THE SOUTHOLD TOWN CODE. THE PURPOSE OF THE PROPOSED AMENDMENTS IS TO NOT ONLY PROTECT THE HEALTH, SAFETY AND WELFARE OF THE COMMUNITY BUT TO ALSO ASSIST THE TOWN AND ITS WILDLIFE BY PROHIBITING THE FEEDING OF MIGRATORY, NONMIGRATORY, OR RESIDENT WATERFOWL AND GULLS WITHIN PUBLICLY OWNED LAND OR WATERWAYS OF THE TOWN. THIS ARTICLE ALSO EXPANDS THE SCOPE OF THE POOPER SCOOPER PROGRAM TO INCLUDE A PROHIBITION ON LEAVING DOMESTIC PET WASTE ON ANY PUBLIC PROPERTY WITH A GOAL OF FURTHER REDUCING NON-POINT SOURCE POLLUTION AND BACTERIA LEVELS IN STORMWATER RUNOFF ENTERING WATERS OF THE TOWN. THE FULL TEXT OF THE PROPOSED LOCAL LAW IS AVAILABLE FOR REVIEW IN THE TOWN CLERK'S OFFICE. SUMMARY OF LL/AMENDMENTS TO CHAPTER 237 (UTILITY POLES) THE PROPOSED LOCAL LAW THAT IS BEING SET FOR PUBLIC HEARING THIS EVENING AMENDS CHAPTER 237 OF THE SOUTHOLD TOWN CODE. THE PURPOSE OF THE PROPOSED AMENDMENTS RESULTS FROM UTILITY POLES LOCATED WITHIN THE TOWN THAT ARE OFTEN DAMAGED BY TRAFFIC ACCIDENTS, AGING, AND/OR ADVERSE WEATHER CONDITIONS THAT MAY COMPROMISE THE HEALTH, SAFETY AND WELFARE OF TOWN RESIDENTS. UTILITY COMPANIES MAY REPLACE DAMAGED POLES WITH NEW POLES DIRECTLY NEXT TO, OR IN CLOSE PROXIMITY TO, THE DAMAGED POLE, HOWEVER, THE DAMAGED POLE REMAINS IN PLACE, LEAVING BOTH AN EYESORE AND A THREAT TO THE SAFETY OF NEARBY RESIDENTS. THIS LAW SEEKS TO ADDRESS THIS ISSUE BY REQUIRING THAT DAMAGED AND DOUBLE UTILITY POLES BE REMOVED IN A TIMELY MANNER AND AUTHORIZES PENALTIES AGAINST UTILITIES IF THEY FAIL TO COMPLY WITH THIS REQUIREMENT. ULTIMATELY, THE TOWN SEEKS THE REMOVAL OF AESTHETICALLY UNPLEASANT, DAMAGED UTILITY POLES ON ROADWAYS, WHILE ENSURING THE PUBLIC'S SAFETY AS THEY TRAVEL SUCH ROADS. THE FULL TEXT OF THE PROPOSED LOCAL LAW IS AVAILABLE FOR REVIEW IN THE TOWN CLERK'S OFFICE. SUMMARY OF LL/AMENDMENTS TO CHAPTER 280 SECOND DWELLINGS THE PROPOSED LOCAL LAW THAT IS BEING SET FOR PUBLIC HEARING THIS EVENING AMENDS CHAPTER 280 OF THE SOUTHOLD TOWN CODE. THE PURPOSE OF THE PROPOSED AMENDMENTS IS TO ALLOW A SECOND DWELLING ON PARCELS WITHIN THE A-C, R-40, R-80, R-120, R-200, R-400 AND LB DISTRICTS WITHOUT REQUIRING THE CREATION OF A SECOND LOT THROUGH THE SUBDIVISION PROCESS UPON THE SPECIAL EXCEPTION APPROVAL OF THE ZONING BOARD OF APPEALS IF CERTAIN REQUIREMENTS ARE MET. THESE REQUIREMENTS INCLUDE: (I) THAT THE PARCEL HAS ADEQUATE YIELD (BUILDABLE LAND) FOR TWO LOTS AND SAID YIELD IS APPROVED BY THE PLANNING DEPARTMENT; (2) THAT EACH DWELLING SHALL HAVE WATER AND SEPTIC SYSTEMS APPROVED BY THE SUFFOLK COUNTY DEPARTMENT OF HEALTH; (3) A FEE OF $500.00 MUST BE SUBMITTED TO THE PLANNING BOARD FOR YIELD MAP REVIEW; AND (4) CERTAIN COVENANTS WILL BE PLACED ON THE PROPERTY TO ENSURE THAT NO ADDITIONAL UNITS/LOTS ARE BEING CREATED. THE FULL TEXT OF THE PROPOSED LOCAL LAW IS AVAILABLE FOR REVIEW IN THE TOWN CLERK'S OFFICE. SUMMARY OF LL/SITE PLAN AMENDMENTS THE PROPOSED LOCAL LAW THAT IS THE SUBJECT OF THIS EVENING'S PUBLIC HEARING 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 PERMITS THE PLANNING BOARD TO REQUIRE ADEQUATE ROADWAYS FOR CERTAIN USES. 280-129(B) INTERIOR 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 CURRENT VERSION OF THE LOCAL LAW THAT IS BEING NOTICED INCORPORATES REVISIONS THAT RESULTED FROM PRIOR COMMENTS MADE AT THE PUBLIC HEARING AND CODE COMMI~-FEE DISCUSSIONS. THE FULL TEXT OF THE PROPOSED LOCAL LAW IS AVAILABLE FOR REVIEW IN THE TOWN CLERK'S OFFICE. 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 RECEIVED To: From: Date: Re: MEMORANDUM APR 2 ~ Southold Town Clerk Elizabeth A. Neville, Town Clerk Donald J. Wilcenski, Chairman, Planning Board ~-~J ),~ March 27, 2012 Resolution Numbers 2012-252 & 253: "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 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. These changes are reasonable and necessary to improve the site plan process and protect the public safety and welfare. CC: Scott Russell, Town Supervisor Members of the Town Board Town ^ttorney DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVEN BELLONE SUFFOLK COUNTY EXECUTIVE March 20, 2012 RECEIVED MAR 2 6 2012 $outhold Town Clerk 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: Town of Southold Zoning Action: Amendment; Chapter 280 "Site Plan Approval" Public Hearing Date.: April 10, 2012 Resolution No. : 2012-252 & 253 S.C.P.D. FileNo.: 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 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) 853-4044 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 March 15, 2012 Re: Resolution Numbers 2012- 252 & 253 "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. Donald Wilcenski, Chairman Southold Town Planning Board Southold Town Hall 53095 Main Road Post Office Box 1179 Southold, New York 11971 Dear Mr. Wilcenski: The Southold Town Board at their regular meeting held on March 13, 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, April 10, 2012. Please do not hesitate to contact me, if you have any questions. Thank you. Very truly yours, $outhold lown Clerk Enclosures (2) cc: Town Board w/o enc Town Attorney w/o enc ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 15, 203.2 Re: Resolution Numbers 20~.2- 252 & 253 "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 Box 63.00 Hauppauge, New York 3.3.788-0099 Dear Mr. Freleng: The Southold Town Board at their regular meeting held on March 3.3, 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 8oard for their review. The date and time for this public hearing 7:32 PM, Tuesday, April 10, 2012. Please do not hesitate to contact me, if you have any questions. Thank you. Very truly yours, $outhold lown Clerk Enclosures (2) cc: Town Board w/o enc. Town Attorney w/o enc. RESOLUTION 2012-253 ADOPTED DOC ID: 7707 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-253 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 13, 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 Coun .ty Department of Planning for their recommendations and reports. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Albert Krupski Jr., Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell · ~outhold Town Board - Letter Board Meeting of March 13, 2012 RESOLUTION 2012-252 ADOPTED Item # 5.40 DOC ID: 7706 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-252 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 13, 2012: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 13th day of March, 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 l0th day of April, 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 Generated March 14, 2012 Page 69 , Southold Town Board - Letter Board Meeting of March 13, 2012 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 dewdopme~ 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: (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 enviromnental impacts of new development on the land, air and water resources. §280-129. Objectives. In considering and acting upon site deYetopmm~ 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: A. Traffic access: that all proposed traffic accessways are adequate but not excessive in Generated March 14, 2012 Page 70 Southold Town Board - Letter Board Meeting of March 13, 2012 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. Natural features: that high priority shall be given to: 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 Generated March 14, 2012 Page 71 · Southold Town Board - Letter Board Meeting of March 13, 2012 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] L. 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 devetopmem 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] Generated March 14, 2012 Page 72 Southold Town Board - Letter Board Meeting of March 13, 2012 No regrading, clearing, tree removal or any other work: ......... :^~ ^c c,,, ......... c, s:.te, except limited clearing needed to undertake survey work or soils investigations, may take place cr bev~-.......--*:"~'~ ,~... ,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 ~ 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 (2) (3) statements in the application, supporting papers or supporting testimony of a material fact, which fact, had it been known to the Planning Board at the time of its review, would have resulted in a denial of the approval sought. Non-compliance with the terms and conditions of such approval: failure of the applicant-permittee to comply with any conditions or terms of approval. Activity beyond such approval: exceeding the scope of the activity, use or project as the same was described in the application. Generated March 14, 2012 Page 73 · Southold Town Board - Letter Board Meeting of Mamh 13, 2012 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 de~dopmem 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 ~evcle~ment plan. Nine copies of the site de~flopm~4 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 devetopme~ 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 Generated March 14, 2012 P~e74 ' Southold Town Board - Letter Board Meeting of March 13, 2012 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!zpment 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 Plaiming 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 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 nmnber 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 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 Generated March 14, 2012 Page 75 · Southold Town Board - Letter Board Meeting of March 13, 2012 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 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 Generated March 14, 2012 Page 76 Southold Town Board - Letter Board Meeting of March 13,2012 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. If a 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 in an amount to be determined by the Planning Board for the estimated value of on-site improvements as part of the conditions of approval under the following cimumstances: (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 substantially impact 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 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. 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. Generated March 14, 2012 Page 77 ' Soutl~old Town Board - Letter Board Meeting of March 13, 2012 (4) The Highway Department. (5) The Zoning Board of Appeals, when applicable. (6) The Assessors. 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 deve!zpment plan shall be valid for a period of three year: 18 months from the date of approval. All work proposed on the plan shall be completed within thine year~s 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 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 [UNANIHOUS] ~'IOVER: William Ruland, Councilman SECONDER: Albert Krupski Jr., Councilman Generated March 14, 2012 Page 78 ' SohtBold Town Board - Letter Board Meeting of March 13, 2012 AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell Generated March 14, 2012 Page 79 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 13th day of March, 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 l0th day of April, 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 dev~qopmem- 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. 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~qopmem 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: 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 from of the site may be necessary and required, based on overall traffic circulation and signalization of adjacent access points and streets. B. Imerior 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. C. 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. E. 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. F. 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. G. 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. H. 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. I. 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. 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. K. 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] L. 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. 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 de~dopmem 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 ~ ~, except limited clearing needed to undertake survey work or soils investigations, may take place ,~r be pe_-'n2~efi t~ take 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 ~ 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 (2) (3) statements in the application, supporting papers or supporting testimony of a material fact, which fact, had it been known to the Planning Board at the time of its review, would have resulted in a denial of the approval sought. Non-compliance with the terms and conditions of such approval: failure of the applicant-permittee to comply with any conditions or terms of approval. Activity beyond such approval: exceeding the scope of the activity, use or proiect as the same was described in the application. H. 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. A. Presubmission conference. Prior to the submission of a site d~ 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 ~eYe!c~mcm 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) lfthe 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 devetopmem 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 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. (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 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 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 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 Public Improvements: A guaranty of performance may be required for all public improvements as part of the conditions of approval. If a 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 in an amount to be determined by the Planning Board for the estimated value of 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 substantially impact 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 conunensurate 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. (6) The Assessors. M. 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~ 18 months from the date of approval. All work proposed on the plan shall be completed within thr-ee-yems 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. 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. V. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Dated: March 13, 2012 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk Please publish on MARCH 29, 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. #10608 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 week(s), successfully commencing on the said Newspaper once each week for 1 29th day of March, 2012. Sworn to before me this Principal Clerk day of ~ 2012. NOTARY PUBLIC-STATF Ot' NGW YORK No, 0 WO{, i 0~,~0 Quallflecf IN ~uf.~olk COUllty LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of $outhold, Suffolk County, New York, on the 13th day of March, 2012, a Local Law entitled "A Roadway improvements not direc~y in f~ont of the site may be necessary and required, based on overall traffic drcula- cial exception application requiring site plan approval, the site de,~opmetx~lan application shall be subjected to pre- liminary review and written comments by the Planning Board within 60 days of such request by the Board of Appeals (a) In ao 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 apphcation for the amend- ment of a use or structure for which a spec/al exception was granted, the ap- plicant must obtain permission from the Zon/ng Board of Appeals to expand or otherwise alter or change either the use or the struczure. (5) The Plannnig Board may vary or waive parking requirement~ provided that ~ ~e will not have a detii- menta~ e~t ¢m the public health, safety (2) The Town Engineer. right to ~g~eny the proposod site plan for A.After the filing of an application for Planning Board for.,c~na~t~jtion with- shall not affea the validity of this law as a building permit, the Building ft-~pector j out Committee re~'~withstand- a whole or any paxt thereof other than shall make a determination as to wheth- ing the foregoing, a~li~atioris involving the part so decided to be un~nstitution- er a site plan or an amendment ther~o only structures requiring review by the al or invalid. -, is required, and this written determina- Historic Preservation Commission for V. EFFECI~.~ tion shall be~ forwarded to thc Plannli ~ a certificate of appropriateness under ~ ~ L~'.~ ~ effect 'ira- Department for comment. The plan- Chapter 170, Historic Landmark Preser- mediately ~ ~ ~tetary ning Department must provide writte vation Law, of this Code shall not also of ~tat~ a~ comments on thJ~ determination t~ th~ be referred to th~ Architectural Review Dated: Match 1~;~0~ days, or be deem~ to have waived ~he] ' ' THE TOVO~ BOARD ~ ~omments, or li~ter the sime period fog I Elizabeth Neville 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 13th day of March, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280~ Zonine. 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 l0th day of April, 2012 at 7:32 p.m. at which time all interested persons will be given an opportunity to be heard. A complete copy of the text is available from the Southold Town Clerk's office during normal business hours or may be viewed on the town's website: southoldtown.northfork.net The text showing changes to the Town Code in 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: L 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 de~dopmem- 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. {}280-129. Objectives. In considering and acting upon site ~ 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: 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 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. 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 de~,t~pmem 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 :.n .......w ~,--,~-~-';^" ~"~ c,,.~,.,,.~ .... ase-of--a-s~, except limited clearing needed to undertake survey work or soils investigations, may take place er bew-------~-~;'~ .... -~ ---~'~ w,~-~ 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 devetopme~ plan or approved amendment of any such plan. 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 of a material fact, which fact, had it been known to the Planning 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) Activit~ beyond such approval: exceeding the scope of the activity, use or proiect as the same was described in the application. H. 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. ~. I. 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 d~w~qopmem 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 devdopmem plan. Nine copies of the site de~opm~ 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 aL-wetopmem 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 de~qopmem 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] ***************************************** Guaranty of Performance Public Improvements: A guaranty of performance may be required for all public improvements as part of the conditions of approval. If a guaranty of performance is required, the provisions of Article IX, Bonds and Other Security, shall apply. (2) (3) Other on-site improvements including, but not limited to, securing the property, buffers, landscaping and/or screening: A guaranty of performance may be required in an amount to be determined by the Planning Board for the estimated value of 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 substantially impact 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 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. (6) The Assessors. M. 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 devetopmem plan shall be valid for a period of three year: 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 altemative 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. V. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Dated: March 13, 2012 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk Please publish on MARCH 29, 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. Page 1 of 1 Cooper, Linda From: Finnegan, Martin Sent: Wednesday, March 14, 2012 11:47 AM To: Cooper, Linda Subject: RE: Legal Notice I'd rather just streamline the text. I'll fax over portions you can delete. If you could just put asterisks between each section of the amendments where we remove the current text. Like so - * .................. . From: Cooper, Linda Sent: Wednesday, Mamh 14, 2012 10:56 AM To: Andaloro, Jennifer; Finnegan, Martin; Krauza, Lynne Subject: Legal Notice I am preparing the legal notice for the site plan amendment. Is there a condensed version (maybe the one the TB reads) that I can use for the paper and then say full text is available on line and at the TC office? L/nda ~ ~aopcr Deputy Town Clerk Town of Southold 631-765-1800 Life may not be the pa~ty we hoped for, but as long as we are here, we might as well dancer The difference between try and tdumph is a little "umph"! 3/14/2012 ¢ MAR. 14,2012 ll:02AM N0,541 P, 1 WHEREAS, there has been presented to the Town Board of the Town of So.old. Suffolk County, Now York, on the 1~ day of January, 2012, a Local Law entitled ~A Local Law in relation to Amendments to Cha~ter 280. Zoning. in connection with Site Plan Approval now, therefore, be it RESOLVED that the Town Board o£the Town of Southold will hold a public he~'ing on the afor~-~fd Local Law at Southold Town Hall, $3095 Main Road, Southold, New York, on the 14m day of February, 2012 at 7:32 p. Im at which time all/nterested persons w~ be given an otrportunity to be heard. The proposed Local Law entitled, ~'A Local Law in relation to Amendments to Chapter 280. Zonine. in connection with Site Plan Annroval' reads es follows: LOCAL LAW NO. 2012 A Local Law entitled, ~'A Local Law in relation tO Amendments to Chapter 280, Zon/n~e.~ in connection with Site Plan Approval~. BE IT ENACTED by the Town Board of the Town of Southold as follows: To provide for thc hcalth, safety and welfare of the dtizens of thc Town of Southold, it is necessary to make c~cain amendments to Article XXIV "Site Plan Approval" of Chapter 280. These amendments are intended to codify and cI~-ify existing policies, site plan objectives and ~r,~,foval requircments and procedures. II. Chapter 280 of the Code ofth~ Town of Southold is hereby amended as follows: §280-127. Applicability. This article shall apply to ev~-y 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 customm'y nonagricultural accessory useS to a single-family residential home use as stated ha the Towr/Code. Any change in use or interisity of usc which will affect thc characteristics of the site in t ~'~m.s of parking, loading, access, drainage, open space or utilities will require site plan approval. I~ aU. cases where this chapter requires approval of site d~,epment- plans by the Planning Board, no building p~u~t shall be issued by thc 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. Fin'~k~; purpose. A. The To. wa Board w~.protect the unique rural and open space character of the Town and h~eb_y_finds that d~elo~'~m~within the Town, exclusive oftlm hlcorporated Village of G-reenport, should process of good order and with du~ regard to MAR, 14, 2012' 11:02AM NO, 541 P, 2 the public interest, including but not limited to the following: exterior design of new or renovated structures and portions th~mo~, the construction and location of parking areas, whether or not accompanied by new building construction; changes ' of existlng stamctures; the use of open land; and that the proposed sit~ on the well-being of the population in general~ the local economy. B. It is the purpose of this (1) Protect the properties, both public and private, are located. (2) Lessen and, whom possible, and provide vehienlar or pedestrian access thereto. (3) (4) Secure safety flood and other dangers and provide adequate light, air (5) land, air and {}280-129. Objec~ves. In considering and acting upon site devetopm~ plans, the Planning Board shall take into consideration thc public health, safety and welfare, the economic impact and th~ conff~rt and convenience of the public in general and the residents of the immediate neighborhood in particular and may pre, ch'be approl~ate conditions and safeguards as may be required in order that the r~sult 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 exce~ssive in number;, adequate in width, grade, alignraent 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 Lmvwvem~ats not directly in front of the site may be necessa~ and required, based on overall traffic circulation and signa!i:,a*ion of adjacent access points and streets. B+ Interior drculation 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.th, at for certain uses, adequate interior roadways are provided to confm.e_overations to the site. Handicap accessibihty shall be provided and placed at the nearest point to thc proposed structure. -2- MAR, 14,2012 11:0~AM C. Landscaping and screening: that all parking, service and similar seasons of thc year ~om view landscaping of the site complements the or more in diameter measured three feet the maximum extent poss~le. Natm-al features: that high priority shall be given to: N0.541 P, 3 least six inches be r~tained to (t) The conservation of all natural features on not limited to natural drainage-cou~es marshes, dunes, bluffs, beaches, escarpments, and wildlife habitats, flood hazard areas and s including but and ;, large trees, ~rdque plant (2) The protection of ground- and ~ contamination by pollutants. (3) The protection of air quality. Pavement: that ~11 other paved areas intended ~ m~ko use of an aesthetically pleasing and safe materials which would serve to ~e by pedestrians and vehicles shall plant p~estfiam and vehicles. L~gJating: that all outdoor lighting shall be c minimize the projection of direct light and Outdoor lighting shall be compaffi~le with particularly in or adjacent to residential z and so arranged as to adjoining properties and streets, md also the zoaing district, Public address intercom or sound s be located to minimize sound to : ~at any sound or public-address system shall street. Grading on adjoining sites runoffgenerated on site will be All grading and drainage plans and/o existing grades on site and ' excavation or filling and that all stormwater . an environmentally acceptable manner. meet with the requirements of the Town Engineer Public utilities: that plans for ~ electricity, gas, etc., shall be. such public req ' ' and sewage disposal, cable, telephone, in thi~ section and shall conform to exist. Existing development proposed is at a scale Development of Southold. pment Plan; that the development Architectural features design and s evaluated ir [Amended 5-15-19 features of the site and mxrroundings, exterior adjacent structures and the character of the dis~ct are , L.L. No. 7-1995] -3- MAR, 14,2012 ll:03AM N0.541 P, 4 L. Handicapped access: t~t *.he site pbm and buildlng~cles-~ sh~l ack.medic the ne~s of the ~di~pp~ ~d be ~ ~nfo~ce w~ ~hcable state ~d loc~ stud.s ~nc~ing the s~e. ff ~- ~ ARTICLE ~ Stte P~ Approval §280-130. Approval of site plan required. After the filillg of ail 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 forwa.nded to the Planning Department for comment. The Plmming Dapaatment must provide written comments on this determination to the Building Inspector within five business days, or be deemed tn have waived the oppommity to comment. After review of comments, or after the time period for ecmment has elapsed, the Building Inspector shall issuc a final determination to the apphcant, which shall in no ~ent be more than 15 business days from tM filing of the application. Such dctm'nination shall also include a written decision as to wh~ther the proposed use is pe~,itted 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 d~pm~t plan or approved amendment of any such plan has been secured bythe applicant from the Plan,,~,,g Board and presented to the Building Inspector, along with all nocessary approvals and pea-mits as may be required by other public agencies. [Amended 5-15-1995 by L.L. No. $-1995; 3-9-2004 by L.L. No. 8-2004; 12-14-2004 by L.L. No. 25-2004] No regrading, clearing, tree r .ere_ .nval or any oth~r work '-'.x 9rapara'.i~r. cf.~-:'."~-=4~c cf a si~ except limited clearing needed to undertake survey work or softs investigations, may take phca cr 5z. ~:r...'.'.'ct,?~ tc take plazo until the site plan has been approved by the Plaxming Board ortho Plannin~ Board authorizes such work in w'dt~l~. No certificate of occupancy shall be issued for any building, structure, pr.~ni~es, lot or use of land covered by this article unless the structure h~t~ been completed (wh~q[her the structure is being constructed, rei~ovated, reconstructed, altered, moved or put into use), and the site is developed in accordenc~ with an approved site d~ plan or approved amendment of any such plan. ~'-' ~ / Upon request of the oWner or his authorizedfi(gent for a certificate of occupancy, the Building Inspector shall issue the certificat~ provided that said Building Inspector, along with the PLaxming Board, shall find that s~h building or structwe and site is in conform/t7 with the approved site plane' / Aider a certificate ofo.ccupancy is issued, there shall be no exterior alterations of a building that expand the footprint o,/any revisions of the site or changes of uSc without first obtaining Planning Board a~/~oval, / / MAR. 14,2012 11:04AM N0,541 P, 5 Failure to obtain site plan approv~.~n of this article and shall be subject to such penalties as ar~fot~h 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 penalti~ as are set forth in § 280-155 of this chapter. The Plannin~ Board shall retain jurisdiction and shall have the right, after. ~ public hearina, to modify, suspend or revoke .such approval or any t.enn or condition ther¢ofo[ ~o impose thereo~ one or more new cgnditions, based upon one of the follo,win~ ~xounds: False statements or mistake of material fact: ~t_~i_'allv false or inaccu~a.t.e. statemeO~$ in the application, supporting papers or_suppoxting testimony ora ..n!atcrial fact, which fact. had it been katc~wn to the plashier, Board at the time of its rexdcw, would have resulted in a denial of the approval sou~,ht Non-compliance with the terrns and cov,r!,itio ,ns of such approval: ¢~i!~re of the applicant-p, en-n/ttce to comply wit. la any conditions or temps ofavvrow! ActivitYbevond such aovroval: exceedimt the scq. R.e. ofthc activity, use or proiect as the ~at~e .wus described in the a. pp~llcation. Any use that has received site v_!~cccavvroval by the Phn~i-K,O. oard shall not be -c°-rnmenced unless the. Planning Board issues a written certification that all t~,,,s and conditions se~ forth in the_site vlan approval have been.met. Failure to comply with ~ term or condition of site plan appto..v.a. 1 prior to commencement of the. apprOved use shall be a violation o_f. this article and shall be subject to such oenalties as are set forth in ~280- 155 of this ~hapter. bt.I_, Upon recommendation of the Planning Board and approval of the Town Attomgy, the Building Inspector may revoke an existing certificate of occupancy upon a showing that the subject prero_ises 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. ~-2005] §280-131. Review procedure. Presubraission conference. Prior to the submission ora site ~c:'ckp:r..er,*. plan, thc 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 thc Planning Board in order for said Board to dete,~dne conformity with the provisions and intent of this article. Said meeting shall take place within 30 calendar days fi~om the date of written request therefor. Site ekrvebpme~ plan. Nine copies of the site alevdepme~ plan application and any related information as defined during thc prcsubmission conference shah be submitted to the Planning Board within four months of the presubmission conference. Ifa site -5- MAR. !4. 2012-11:04AM NO, 541 P, 6 ,4,~zz~a-;~--n. t plan application is not submitted within four months following a presubmission conixence, another conference may be required by the Planning Board. Within 10 business days of receipt of the application, the Planning Board shall deter,nine whether to accept, reject or request revision of the application. If tho Planning Board determines said apphcation to be acceptable but in need of rev/sion, it shall notify thc applicant, in writing, wherein said application is deficient within 30 calendar days. (s) Within the thil~-calendar-day period f~m receipt of the application, the following shall also take place: the site plan reviewer (or other delegate of the Planning Board) shall hokl a joint meeting with a representative of the Building Dapam~sent authorized to review building plans, for the purpose of making a joint recommendation as to whether the site plan appheation complies with all applicable zoning regulations or whether any variances are required tom the Zoning Board of Appeals; that recommendation shall be forwarded to the Building Inspector, who shall either endorse or revise that recommendation; and in thc event the Bu,qdlng Inspector's zoning deteiafination indicates that a variance is required, the site plan rev/ewer (or other delegate of the Planning Board) shall so inform the applicant; and in thc 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 shali also apply to any anendments to the site plan application. In the case of a variance or special exception application requiring site plan approval~ thc site develepat~ plan application shall be subjected to pi'elimirla~ revieW and written comments by thc Planning Board Within 60 days of such request by the Boani of Appeals. In no case may the Planning Board grant site plan approval prior to the issuance ora special exception by the Zoning Board of Appeals, if such is required. 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 peimission from the Zonin~ Board of Appeals to expand or otherwise alter or cliange either the use or the structure. The Planning Board may vary or waive parking r~uirernents, 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 requ/re landscaping to be installed in place o fspe~ified parking spaces. On any site for which the Planning Board grants approval for less then the required number of spaces for that use, the Planning Board _~h~ll have the -6- M~.14 2012-"!1:04AM NO. 541 right to review the parking requirernents again ifa change of use is proposed. (6) Review cfa new site plan for a lot on which an approved site plan already exists shall not pmce~xl until the approved plan is withdrawn by the applicant. When the Planning Board d~terwJnes said application to be acceptable, it shall, within 10 business days of such d~-mi~atio~ distn'bute said application and documentation to the Town, county and state agencies having jurisdiction, for thgir comment. Such ref~ral shall include a referral to the Architectural Review Committe~. The Architectural Review Committee chaE may make a written recommendation to tho Planning Board on the site plan within 10 business days ofrec.~/~ of the referral. If the Committee fails to make a recommendation within this time poriod, the p~oject shall proceed to tho Planning Board for consideration without Cormnitte~ r~view. Notwithstanding the foregoing, applications involving only stractur~s requfiing review by the Historic Prese~ation Commission for a certificate o£appropriateness under Chapter 170, Historic Landmark Preservation Law, of this Code shall not also be referred to the Architc~ural Review Committee for review. [Amended 2-13-2007 by L.L No. 6-2007] Upon receipt and re--iow aggncies to which the proposed site plan was distn'buted, with{n a reasonable period of time, ~lot to exceed 30 days, dctcm~ne ~ require revisions to the proposed No d~ision on thc application shall bo made R~vi~v Ac'tEN tr~ocess is completed. the Stale Environmontal Qualky Ai~ the Pla~-ing Board has ai~oval, it si~ll: the proposed site plan is suitable for (1) Forward the plan to the for final review and certification. (2) Forward the plan to the site is located fo location. ;ommissioner of the fire district within which the whether a fire well is needed and, if so, its (3) Notify the applicant, cut p~u,;ts, to m~ke an application for the appropriate curb (4) Submit the accordance with' to the Suf~lk County Planning Commission in · ' vfthe Suffolk County Charter, if necessary. U the curb cut permits a Planning Board public meeting. thc Fire Commissioner's response, Suffolk County Planning Commission, the site plan on the agenda of the next regularly scheduled The ] be provided' public hearing to consider the application. Notice shall to Chapter 55, Notice of Public Hearings. Notwithstanding this -7- MALl4.2012 11:05AM NO, 541 P, 8 requirement, with respect to applicatio,ns involv'.mg modifications to exif~'h'/~ structures with no substantial change to the existag footprint, where the Planr~ Board determines that such modifications or any change in use will not require si.~cant changes to existing major site d~ign features, as well as applications !p,vClving uses strictly related to al~iculture (but except/llg retail winery operations), .the~lanni,E Board shall have the discretion to waive the public hearing r~uirernent !~rnay act on such application by flexi resolution at a duly noticed public / Prior to the Planning Board's endo~semen/PCfthc site plan, the applicant must sign a statement placed on the site plan indic,~ng h/s/her knowledge and acceptance of the conditions of approval. Amendments to an existing,/sit'e plan may be acted upon in the same manner as a new site plan. Guaranty of P_ ,er~.~ancc Public Irnlxovements: A s~larantv ofverformance may_b_e required ~r all publi.c. im~m-ovemcnts as oatt ofthe conditions ofat~roval. Ifa ~mrantvof~erformancc _is~re~uire& the vmvisions of Article IX, Bonds and Other Security, shall apply. (2) Other on-site/m?uvements includine, but not limited to. s~cufing the vroverty, buffers, landscaving and/or screaling: A guaranty ofperforlnar~ce may be re, x~uired in an amount to be determined by the plznnin~ Board for the estimated value of on-site imvrovem, .ent~ as part of the conditions of approval under the following c/rcurnstances: where tho anvl/cation invo_l_v_~_a _~.mmercial vrooertv that abuts or is across anyvublic or m-ivate street from a residential vrovertv. where the application involves a change, or i~tonsificstion of usc that may substant/al!¥ imvact adiacant _ompertv owners, (3) Default: In the event that the al~!olicant ~ii~.lQ _c!~'nolvwiththevrovisions~i'thi~ section, and complete the required irn~rovements, the Town Board may thereupon declare thc said guaranty of performance (i.~..jLc~__ormance bond, letter of credit. or other ~uivalcnt security) in default and collect the sum rgmail/m~.xmvable thereunder; and upon tha rec, eiRt...the_~..eot~ the Town shall install such improvements as are covered by such security and az cornrnensurate with the extent ofbu. i. ld. ing development that has taken place on the prop~3,. Where the cost of the improvements ~xccedf the..fq.~cf, eited security, the additional .co~t, including, but not limited to, any legall~.ee.s incurred, shall be and.. _c~_nstitute a lien u~on the land upon which the improvements are to be made and shall be included in the lew against such p~operty. L. Within 10 days o f final approval, a copy of the endorsed site plan shall be sent to: -8- MAR. 14 2012'-11:05AM N0.541 P, 9 (1) The Building Department. (2) The Town Engineer. (3.) -- The Town Trustees, when applicable. (4) The Highway Depaztment. (5) The Zoning Board of Appeals, when applicable, (6) The Assessors. 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 a~,~4el~ plan shall be valid for a period oft~-ee--yea~ 18 months fi-om the date of approval. All work proposed on the phn shall be completed within ~ ye~= ~ from the date of approval un/ess a longer period was approved or the applicant obtai,,~ an extension fi-om the Planning Boa,n/, HQwever, al. l_t.~ms and conditions of any approved site olan_ or_amnoved amendment are immediately enforceable and commiliartce is required ~rior to the commeneemer&0fthe_amxoVe~I use. unless the Planning Board exl>ressl¥ states an aitemative period of time for compliance within the zite plan approval. All siteplans which have received final approval pr/or to the enactment of this article shall remain valid for a period of three years from the date of such enactment. This p~od will begin when all governmental approvals have been obtained. III. SEVER. ABILITY If any clause, sentence, paragraph, section, or pa~ 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/mmediately upon filing with the Secretary of State a~ provided by law_ -9- RESOLUTION 2012-252 ADOPTED DOC ID: 7706 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-252 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 13, 2012: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 13th day of March, 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 l0th day of April, 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 deYetopmeu~ plans by the Planning Board, no building permit shall be issued by the Building Inspector except upon Resolution 2012-252 Board Meeting of March 13, 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;'elzpmcnt 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: 3/13/2012 2:30 PM by Linda Cooper Page 2 Resolution 2012-252 Board Meeting of March 13, 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 tnmk 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: 3/13/2012 2:30 PM by Linda Cooper Page 3 Resolution 2012-252 Board Meeting of March 13, 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] L. 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~qopmem 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 :itc, except limited clearing needed to undertake survey work or soils investigations, may ~ ~- .... :'*~ *~ "~' until the site plan has been approved by the take place .... 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 &~qopmem plan or approved amendment of any such plan. Updated: 3/13/2012 2:30 PM by Linda Cooper Page 4 Resolution 2012-252 Board Meeting of March 13, 2012 D. 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 of a material fact, which fact, had it been known to the Planning 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] Updated: 3/13/2012 2:30 PM by Linda Cooper Page 5 Resolution 2012-252 §280-131. Review procedure. Board Meeting of March 13, 2012 Presubmission conference. Prior to the submission of a site developmm~ 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 dev64opme~ 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 dzvz?,pmcnt 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 de~ 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 Updated: 3/13/2012 2:30 PM by Linda Cooper Page 6 Resolution 2012-252 Board Meeting of March 13, 2012 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 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. Updated: 3/13/2012 2:30 PM by Linda Cooper Page 7 Resolution 2012-252 Board Meeting of March 13, 2012 (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 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 in an amount to be determined by the Planning Board for the estimated value of 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 Updated: 3/13/2012 2:30 PM by Linda Cooper Page 8 Resolution 2012-252 Board Meeting of March 13, 2012 substantially impact 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. Within 10 days of final approval, a copy of the endorsed site plan shall be sent to: (1) (2) (3) (4) (5) The Building Department. The Town Engineer. The Town Trustees, when applicable. The Highway Department. The Zoning Board of Appeals, when applicable. (6) The Assessors. 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 de,velope/tc~ plan shall be valid for a period of t~rc, c, ;,'car: 18 months from the date of approval. All work proposed on the plan shall be completed within ~ee 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. III. SEVERABILITY Updated: 3/13/2012 2:30 PM by Linda Cooper Page 9 Resolution 2012-252 Board Meeting of March 13,2012 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. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William Ruland, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell Updated: 3/13/2012 2:30 PM by Linda Cooper Page 10