A.
No building permit shall be issued, no structure or use shall be
established, no use shall be changed to another use and, on lots located
in nonresidential districts, no existing grades shall be altered nor
impervious surface placed without prior conformity with the site development
plan approval procedures set forth in this article.
B.
The continued validity of a certificate of occupancy shall be subject
to continued conformance with an approved site development plan and
conditions of approval.
C.
Revisions of approved site development plans shall be subject to
the same approval procedures.
D.
The following structures and uses are excluded from the requirements
of this article:
(1)
One one-family dwelling.
(2)
One two-family dwelling.
(3)
A special permit use approved in accordance with the procedure specified in § 220-32, except when the review and approval of a site development plan is required by the approving Town agency.
E.
No permit,
approval or conditional approval shall be issued pursuant to this
chapter if there is an outstanding violation or unpaid fine with regard
to the property that is the subject of such application. Notwithstanding
the above, a conditional approval may be issued to specifically address
an outstanding violation or to address an immediate hazardous condition
in the interest of the health, safety and welfare of the community.
In the case of unpaid fines, no application shall be processed until
such fine is paid.
[Added 11-9-2020 by L.L. No. 9-2020]
Following completion of sketch plan review, an application for site development plan approval shall be submitted in accordance with the procedures specified in Chapter 195, Subdivision of Land, § 195-15, Preparation and review of preliminary plat and construction plans, subject to the following exceptions:
A.
The site development plan application and fee shall substitute for
the preliminary subdivision application and fee. The fee shall be
in an amount set forth in a fee schedule established by resolution
of the Town Board.[1] The approving agency may require the establishment of an escrow account deposit in accordance with § 220-77C to reimburse the Town for the costs of professional review fees charged in connection with the review of the application. If the approving agency shall not deem it necessary to establish an escrow account, the applicant shall still be responsible for reimbursing the Town for charges incurred for professional review services in accordance with § 220-77B.
[Amended 11-27-1990]
[1]
Editor's Note: The fee schedule is on file in the Town offices.
C.
The Planning Board may require the submission of any other pertinent
information as may be necessary to determine and to provide for the
proper enforcement of this chapter.
D.
The Planning Board may waive the requirement for a public hearing
if it determines that the scale of the improvements or the record
of prior reviews and public hearings on development and use of the
site does not warrant a public hearing.
E.
The Planning Board shall review the application so as to take into account the standards set forth in § 220-48.
F.
Within 45 days of the close of the public hearing, or within 45 days of the receipt date specified in Chapter 195, Subdivision of Land, § 195-15D, when a public hearing is not held, the Planning Board shall act by resolution to approve, disapprove or approve with modifications the site development plan application. The Planning Board shall set forth in detail any modifications to which the approval is subject or the reasons for disapproval.
G.
The Planning Board may require the applicant to file with the Town
Board some form of financial security, in form and content acceptable
to the Town Attorney, and in an amount fixed by the Planning Board
as sufficient to secure to the Town the satisfactory construction
and installation of required improvements, all in accordance with
the procedures set forth in the Town Law and the land development
regulations.[3]
H.
The decision of the Planning Board shall be filed in the office of
the Town Clerk and a copy shall be mailed to the applicant.
[Added 11-7-2013 by L.L. No. 10-2013]
In order to be eligible for any waivers of the site plan review process as set forth in this Article VI, riding academies shall provide adequate documentation of the following in a form acceptable to the Planning Board, unless the Planning Board determines that any of the following requirements would be unreasonably restrictive as applied to a particular agricultural operation.
A.
Location. The location of the use shall have safe and adequate access
as determined by the Planning Board.
B.
Coverage. Building coverage, including accessory buildings, shall
not exceed 20% of the lot area, nor shall the sum total of the land
covered with buildings and parking, including driveways, exceed 50%
of the lot area, within any residence district.
C.
Setbacks. All new buildings shall be set back from adjoining properties
in residence districts and street lines directly opposite properties
in residence districts a distance equal to at least twice the normally
applicable front yard setback requirement for detached one-family
dwellings in the zoning district in which they are located, but in
no case less than 50 feet. Off-street parking areas shall not be permitted
within 20 feet of any adjoining property in a residence district.
Setback requirements may be modified by the Board of Appeals in case
of conversions of existing buildings.
D.
Buffer area. A landscaped buffer area for agricultural structures, meeting at least the minimum requirements of § 220-15 of this chapter, shall be required along all lot lines adjoining properties in residence districts, except where determined by the approving agency that a lesser width or no buffer will meet the purpose of this requirement.
E.
Parking. Reasonable and appropriate off-street parking requirements
as shall be determined by the approving agency upon consideration
of all factors entering into the parking needs of each such use.
F.
Horse management plan. A horse management plan must be submitted to and approved by the Planning Board. The horse management plan must be shown on the site plan, to be prepared by the applicant or by a professional, as the Planning Board deems appropriate. The horse management plan must include provisions for the storage, disposal or removal of manure and other wastes, provisions for the feeding and exercise of the horses and provisions for the protection of adjacent properties and delineate the areas on the property which will be actually utilized by the horses. A horse management plan compliant with the provisions of this section shall be considered to meet the requirements of a site plan as described in Article VI. The horse management plan shall include the following:
(1)
The method for the storage and disposal of manure, soiled bedding
and other materials that could potentially negatively affect air quality
and surface water and groundwater quality must be specified. The storage
of such materials must be in compliance with applicable Westchester
County and New York State requirements. Barnyards and animal pens
may not be located within 100 feet of a water well. Any storage and
disposal of manure and soiled bedding located within 100 feet of a
street or property line, or within a watercourse, wetlands, or wetlands
buffer area, must be identified and mitigation of potential impacts
described.
(2)
Provisions must be made for the storage of feed and bedding.
All processed feed must be stored in rodentproof containers.
(3)
A description of any proposed stables, storage buildings, grooms'
quarters and other facilities must be provided, including provisions
for firesafety.
(4)
Areas where existing vegetation will be cleared for grazing
and/or exercising must be identified, including provisions for the
upkeep and maintenance of those areas. If riding trails are included
as part of the facility, provision must be made for the upkeep and
maintenance of such trails.
(5)
All New York State and federal, as identified on the National
Wetlands Inventory Maps, and local wetlands must be designated (which
may be through the use of GPS and/or a second source to be confirmed
by the Town's consultants, as long as such method is deemed to be
sufficient in each case to adequately identify the wetlands) and measures
identified to prevent animal waste from contaminating groundwater
or surface waters. An applicant shall not be required to designate
local wetlands if such designation would be unreasonably restrictive
as applied to a particular agricultural operation.
(6)
If the horses are to leave the property other than by vehicle,
there must be a description of the proposed use of horse trails and
roadways.
G.
Number of horses. The number of horses permitted will be one horse
for the first two acres and one horse for each additional acre if
the landowner is dependent upon pasture to provide most of the sustenance
required by such animals. As provided in New York State Agriculture
and Markets Law § 301(13) and 301(17), commercial horse
boarding and commercial equine must have, at a minimum, seven acres
of land area and 10 horses, regardless of ownership. The horse management
plan will specify the maximum number of horses allowed on the farm
operation.
H.
Sound systems. The use of outdoor public-address systems may be permitted
for horse farms, academies or stables, provided that no more sounds
shall carry beyond the limits of the site than would be inherent in
the ordinary residential use of the property.
A.
Applicability. A property owner may apply to the Planning Board for a waiver of the site development plan application procedures specified in §§ 220-45 and 220-46 when the proposal is for one of the following activities:
[Amended 7-29-2013 by L.L. No. 7-2013]
(1)
A change from one use to another use.
(2)
Revision of an approved site development plan.
(3)
Improvement to a structure or lot that will not have any effect on
the compliance of the lot or use with any provision of this chapter
and does not require physical site work subject to Planning Board
review.
(4)
An agricultural use on a property located within a county-adopted,
state-certified agricultural district. However, the Planning Board
may not waive the requirement of the submission of an agricultural
data statement as required by § 305-a of the Agriculture
and Markets Law of the State of New York.
B.
Procedure. A property owner or tenant, with the consent of the property owner, seeking a waiver of the application procedures under the provisions of this article shall submit 10 copies of a written description of the proposed action to the Planning Board. The description must include a statement of how the proposed action falls within the specific standards of § 220-47. Annotated site plans, maps, sketches and drawings may be submitted in addition to the written description to further describe the proposed action.
C.
Planning Board action.
(1)
The Planning Board shall act on a request for a waiver within 45
days of receipt of the required description. In the case of an application
for a waiver involving an agricultural use on a property located within
a county-adopted, state-certified agricultural district, the Planning
Board shall act on a request for a waiver at the meeting next succeeding
the submission of such application for a waiver, as long as the application
for a waiver is submitted to the Planning Board at least two weeks
prior to the Planning Board meeting. If the waiver is not approved,
the Board shall specify the reasons for denial.
[Amended 7-29-2013 by L.L. No. 7-2013]
(2)
In approving a waiver of the application procedures, the Planning
Board shall first make determinations that the proposed action will
not have any effect on the compliance of the lot or use with any provision
of this chapter and that the proposed action will not require physical
site work subject to Planning Board review. The purpose of such determinations
is to ensure that the approved site development plan remains in effect,
all site development standards of this chapter will continue to be
met and no site work will adversely impact the health, safety and
welfare of the public.
D.
Fees. The application fee shall be in an amount set forth in a fee schedule established by resolution of the Town Board. The approving agency may require the establishment of an escrow account deposit in accordance with § 220-77C to reimburse the Town for the costs of professional review fees charged in connection with the review of the application. If the approving agency shall not deem it necessary to establish an escrow account, the applicant shall still be responsible for reimbursing the Town for charges incurred for professional review services in accordance with § 220-77B.
[Added 1-18-2000 by L.L. No. 1-2000]
A.
In acting on site development plan applications, the Planning Board
shall take into consideration the purposes of this chapter; the goals,
policies and recommendations of the Town of Lewisboro Master Plan;
the health, safety and welfare of the public in general and of the
residents, employees, visitors or guests of the proposed development;
and the aesthetic impact on the neighborhood. The Planning Board may
require such modifications, conditions and safeguards so as to bring
the proposed development into compliance with intent of these regulations.
B.
The Planning Board shall specifically take into account the following:
(1)
The proposed number, size, location, height, bulk, use, appearance
and architectural features of all structures and facilities.
(a)
The overall building and site design shall enhance and protect
the character and property values in the surrounding neighborhood.
(b)
Development shall be compatible with the architectural style
and visual composition of the hamlet area in which it is located.
(c)
Development shall have a harmonious relationship with the natural
terrain and vegetation on the site and on adjacent properties.
(2)
The safety, capacity, appearance and convenience of vehicular and
pedestrian traffic ways, parking and loading areas, access drives
and areas related thereto.
(b)
Adequate fire lanes and emergency zones shall be provided along
with suitable legal agreements for enforcement.
(c)
The direction of traffic movements may be defined and restricted,
with appropriate signage, based upon consideration of site characteristics
and site access.
(d)
The Planning Board may require proposed structures to be set
back a minimum distance, not to exceed 55 feet, from the center line
of access drives located completely within a development site.
(e)
Interconnection of parking lots via access drives within and
between lots shall be identified and required in order to provide
maximum traffic efficiency, to restrict to a minimum the number of
curb cuts on public streets, to enhance the development of the hamlet
and to establish the safest and most convenient traffic circulation
patterns.
(3)
The protection of environmental quality.
(a)
Buffer areas, plantings, open spaces, walls or fences shall
be provided as determined appropriate by the Planning Board and in
accordance with other requirements of this chapter so as to ensure
harmony with adjacent development and land, to screen parking areas
and to conceal storage and utility areas.
(b)
Adequate storm- and surface water drainage facilities shall
be provided so as to properly drain the site and minimize downstream
flooding.
(c)
Exterior lighting and accessory facilities (e.g., air-conditioning
systems) shall not establish a nuisance for surrounding properties
or the public in general.
(d)
Solar access shall be considered, including orientation of proposed
buildings to sun angles, shading and windscreen potential of vegetation
and relationship to solar access for adjacent uses and properties.
(e)
Hours of operation shall be considered in the context of nearby
existing and permitted uses, existing traffic conditions and characteristics
of the proposed use while in operation. Hours of operation may be
restricted for the purpose of preventing nuisances.
(f)
Outdoor storage or display of articles, materials or equipment shall be identified and considered in the context of the proposed use and nearby existing and permitted uses. Notwithstanding the limits of § 220-24, the Planning Board may find as part of site development plan approval that certain outdoor displays, specifically identified by the Planning Board, do not require any screening and may be conducted as part of the permitted use.
No proposed improvements or changes of use may be implemented
and no building permit or certificate of occupancy may be issued until
after Planning Board approval for said improvements or change of use
is granted by resolution and the required site development plans,
revised or modified in accordance with said resolution, have been
signed by the Planning Board Chairman, except as may be otherwise
specifically provided for in the resolution of approval.
A.
Conditional approval of a site development plan shall expire unless
such conditions have been met and a revised plan has been submitted
for signature by the Planning Board Chairman within six months of
the date of adoption of the resolution of conditional approval.
B.
Approval of a site development plan, defined as the signing of the
plan by the Planning Board Chairman, shall expire unless a building
permit or certificate of occupancy is applied for within two years
of the date of the signing or if all required improvements are not
completed within three years of approval or if the construction or
use shall cease for more than one year. The staging of a development
over a longer period may be specifically provided for by the Planning
Board by resolution.
[Amended 3-9-2020 by L.L. No. 3-2020]
C.
The Planning Board may extend for periods of one year each conditional
approval and approval of a site development plan if, in its opinion,
such extension is warranted by the particular circumstances, including,
but not limited to, the pendency of litigation regarding the conditional
approval or approval of a site development plan.
[Amended 3-9-2020 by L.L. No. 3-2020]
All work shall be done in accordance with the Town of Lewisboro
land development regulations.[1] It shall be the responsibility of the property owner or
applicant to follow the specifications and procedures of said regulations
and to make all required notifications.
No certificate of occupancy for a structure or use subject to
the site development plan approval procedures of this article shall
be issued until:
A.
All requirements of such approval and any conditions attached thereto
have been met to the satisfaction of the Planning Board.
B.
Evidence of final approvals from all other involved agencies have
been filed with the Planning Board, including but not limited to the
New York State Department of Transportation and the Westchester County
Department of Health.
C.
Certification is made by the Planning Board or its designated agent
that the site development work has been completed in accordance with
the approved plans, specifications and applicable regulations. In
lieu of full completion of improvements, the Planning Board may allow
the issuance of a certificate of occupancy by requiring the posting
of financial surety with the Town Board, in form and content acceptable
to the Town Attorney, to cover the full cost of uncompleted work.
Only uncompleted work which is determined by the Board as not detrimental
to the public safety and welfare may be included and all such work
must be completed within a period not to exceed one year.
D.
An as-built plan, prepared and certified by a licensed engineer or
surveyor, is submitted to the Planning Board. Said plan shall be based
on a field survey and show the location of all site improvements as
constructed. The as-built plan shall be reviewed by the Planning Board,
or its designated agent, and be found to be in compliance with the
approved site development plan. An as-built plan found not to be in
compliance shall be subject to review and approval in accordance with
the same procedures required for the initial application.
