Town of Mamaroneck, NY
Westchester County
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Table of Contents
Table of Contents
[Adopted by the Town Board of the Town of Mamaroneck 5-18-2016 by L.L. No. 6-2016. Amendments noted where applicable.]
GENERAL REFERENCES
Site plan review — See Ch. 177.

§ 178-1 Title.

This chapter shall be known as the "Site Plan Approval for Residential Development Law of the Town of Mamaroneck."

§ 178-2 Purpose.

This chapter is enacted to ensure that proposed development and use of land will preserve and protect environmental features, have a harmonious relationship with existing or permitted uses of contiguous land and of adjacent neighborhoods, enhance the appearance of the community and make sure that the health, safety, comfort, convenience and general welfare of the public is fully considered.

§ 178-3 Definitions.

As used in this chapter, the following terms shall have the meanings indicated below:
FOOTPRINT, AREA
The square footage of the area lying within a footprint of a building or structure or the area lying within the footprint of an improved surface that is not a building or a structure.
FOOTPRINT, BUILDING
The outline of the imaginary line formed by the vertical downward extension of the ends of the roof of a building or structure that is intended to shelter, house or enclose people, animals or property. This definition applies both to one-family and two-family dwellings and to accessory buildings or structures that have a roof.
FOOTPRINT, OTHER IMPROVED SURFACES
The outline of any improved surface that is not a building or a structure that is intended to shelter, house or enclose people, animals or property, such as, but not limited to, driveways, patios, walkways, tennis courts and swimming pools.
MAP
A map of a) the parcel, b) the properties that abut the parcel, c) the properties immediately across the street and d) the streets that the parcel abuts. To determine whether a property is "immediately across the street from the parcel," the lot lines of the parcel shall be projected across the streets on which the parcel abuts. Any property that such extension touches shall be considered a property "immediately across the street from the parcel." If the parcel is a corner lot, the lot that is cater-cornered from the parcel also shall be considered a property that is "immediately across the street from the parcel."
PARCEL
The single lot that is the subject of a site plan application.
PRINCIPAL USE
A one-family or a two-family dwelling.
RESIDENTIAL SITE PLAN
A map prepared to the specifications of, and containing the necessary elements required by, the Town Code for either the development of a parcel with a one-family or a two-family dwelling and/or an accessory use for a one-family or a two-family dwelling or the regrading of a parcel only. The map shall show the arrangement, layout, grading, landscaping and design of the proposal and the other elements required to be shown by this chapter. In this chapter the words "site plan" are synonymous with "residential site plan."
SITE DISTURBANCE, AREA
The square footage of the area of a parcel where construction and/or regrading is proposed.

§ 178-4 Proposed improvements subject to this chapter; exemptions.

A. 
The following improvements shall be subject to this chapter:
(1) 
Any construction on a vacant parcel unless exempted by § 178-4C(1). A vacant parcel includes an improved parcel whose principal use has been removed.
(2) 
Construction on an improved parcel where 70% or more of the square footage of the existing principal use has been or is proposed to be removed.
(3) 
Where the area of site disturbance of the parcel when divided by the area of the parcel equals or exceeds for parcels in the:
(a) 
R-6 Zoning district: 45%.
(b) 
R-7.5, R-10 and R-15 Zoning Districts: 40%.
[Amended 6-15-2016 by L.L. No. 9-2016]
(c) 
R-20, R-30 and R-50 Zoning Districts: 35%.
B. 
Notwithstanding § 178-4A, if within three years after a certificate of occupancy or a certificate of compliance is issued with respect to a parcel for work that did not require site plan approval, an application is made by or on behalf of one or more of the owners to or for whom such certificate was issued for a permit to do more work on that parcel, and if the work proposed by that application, when combined with the work for which such certificate had been issued, would have required site plan approval if both projects had been proposed at the same time, the work proposed shall require site plan approval.
C. 
The following activities shall be exempt from this chapter:
(1) 
Construction on a parcel created by a subdivision plat that was approved by the Planning Board on or after November 1, 2013, but before January 1, 2016. This exemption shall not apply to a parcel meeting the description contained in the preceding sentence for construction that is proposed to be done after the initial certificate of occupancy or certificate of compliance for improvements on such parcel is issued.
(2) 
Repairs to any stormwater management practice or facility deemed necessary by the Stormwater Management Officer.
(3) 
Routine landscaping maintenance activity in areas that already have been cultivated.
(4) 
Repair or repaving of existing walls, driveways, patios, walkways, tennis courts and swimming pools, provided the parcel is not regraded in the process.
(5) 
Emergency activity needed to be done immediately in order to protect life, property or natural resources.
(6) 
Reconstruction of a principal use that has been destroyed by fire or other casualty, provided the reconstructed principal use is located within the same footprint of the destroyed principal use.
(7) 
Construction undertaken pursuant to a building permit issued before the day on which this chapter becomes effective.
D. 
This chapter shall not apply to a parcel for which an application for a building permit, complete in all respects, was filed with the Building Department before the day on which this chapter becomes effective.

§ 178-5 Authority of Planning Board.

The Town Board grants the Planning Board the authority to review and approve, approve with modifications and/or specific conditions or disapprove site plans and the other powers set forth in § 274-a, Subdivision 2(a), of the Town Law of the State of New York.

§ 178-6 Application procedure.

The procedure for site plan approval shall involve a three-stage process: a conference prior to the submission of a site plan application, attendance at meetings of the Planning Board to allow it to consider the site plan application and to advise the applicant of any other information that the applicant must supply in order for the Planning Board to have all of the information it needs in order to make a decision, and a public hearing before the Planning Board. The Planning Board may adopt such rules and regulations as it deems necessary to implement this procedure.

§ 178-7 Presubmission conference.

Prior to submitting a site plan application:
A. 
The applicant shall meet in person with the Building Inspector or the Director of Building Code Enforcement and Land Use Administration, the Town Engineer and such other members of the Town staff or outside consultants as the Town staff considers appropriate based upon the nature of the application to discuss the applicant's proposal in order that subsequent steps be undertaken with a clear understanding of the Planning Board's requirements for reviewing the site plan application; and
B. 
The applicant must show that any variance or special permit required in order to develop the parcel in accordance with the proposed site plan has been granted or, in the case of a special permit that an application therefor has been submitted. If an application for a required special permit has not been submitted, the applicant must represent that an application therefor will be submitted to the Planning Board when the site plan application is submitted.

§ 178-8 Contents of application; filing.

A. 
Within six months of the presubmission conference, 19 copies of the application for site plan approval shall be filed with the Building Inspector or the Director of Building Code Enforcement and Land Use Administration, accompanied by a detailed development plan prepared by a licensed architect or professional engineer, under professional seal, drawn upon a certified survey of the parcel, prepared by a licensed surveyor. The plan shall contain:
(1) 
A deed recorded in the office of the Westchester County Clerk showing that the applicant is the owner of the parcel. If the applicant is not the owner, the owner shall submit a letter authorizing a representative or a contract vendee to proceed with the application and consenting to the application for site plan approval.
(2) 
The map, which shall show all of the improvements on the parcel and on the other properties shown on the map.
(3) 
The location of any zoning district lines lying within the area shown on the map.
(4) 
The length, width, height, location and design of the existing buildings and structures on the parcel that are not designated for demolition or removal; the length and width of the other improved surfaces on the parcel; the area of the footprint of the existing buildings and structures on the parcel; and the area of the footprint of the other improved surfaces on the parcel.
(5) 
The length, width, height, location and design of the buildings and structures proposed for the parcel; the length and width of the other improved surfaces proposed for the parcel; the area of the footprint of the buildings and structures proposed for the parcel; and the area of the footprint of the other improved surfaces proposed for the parcel.
(6) 
Any proposed division of any building into units for separate occupancy.
(7) 
The distances between existing buildings or structures on the parcel and the distances between existing buildings and structures and other improved surfaces on the parcel.
(8) 
The distances between the buildings or structures that will exist on the parcel after all construction or regrading is completed and the distances between the buildings and structures and other improved surfaces that will exist on the parcel after all construction or regrading is completed.
(9) 
A topographical map showing a) both the existing topography and the proposed final grade elevations at intervals of two feet or less and the existing grade on properties that abut the parcel for a distance of 10 feet from each of the parcel's lot lines, and b) detailed information on the methods proposed to be used to retain, stabilize and/or refurbish regraded areas.
(10) 
The location of all existing watercourses, intermittent streams, wetland areas, rock outcrops, wooded areas and other significant existing features that lie within the perimeter of the map.
(11) 
The location of all existing and proposed parking areas and driveways.
(12) 
The location and description of all existing and proposed site improvements, including but not limited to drainage pipes, drains, culverts, ditches, bridges or other drainage works, retaining walls and medians, dividers, fences, utilities, septic systems, lighting, generators, central air-conditioning equipment and mechanical equipment for swimming pools. Drainage information shall be provided under seal, by either a New York State licensed professional engineer or a New York State licensed landscape architect.
(13) 
The location of all existing and proposed easements.
(14) 
The location, height, quality and design of all landscaping and buffer areas.
(15) 
Letters or permits from other agencies having jurisdiction containing comments on the proposed site plan, as well as a certification from the Building Inspector or the Director of Building Code Enforcement and Land Use Administration that the proposed site plan meets all requirements of Chapter 240, Zoning, of the Town Code or, if it fails to meet all such requirements, those variances or special permits that are necessary in order for the applicant to obtain a building permit if a site plan application is approved.
B. 
If the site plan indicates that the total proposed action will not be constructed at the same time, a supplementary plan shall be submitted simultaneously with the site plan, indicating what portions of the proposed action shall be constructed in the future.
C. 
No building permit can be issued after the first anniversary of the date that the Planning Board approves a site plan application. If there is no substantial change in the condition of the parcel and/or its environs, the Planning Board, after conducting a public hearing, may authorize the issuance of a building permit after the first anniversary of the date that the Planning Board approved a site plan application but before the second anniversary thereof.

§ 178-9 Referral of applications.

The Secretary of the Planning Board shall forward one copy of the site plan application to the Town Engineer, the Building Inspector, the Director of Building Code Enforcement and Land Use Administration, the Westchester Joint Water Works, and other local, state, county, regional and federal agencies having jurisdiction, as well as to any consultants that the Planning Board, in its discretion, deems necessary or appropriate for a thorough review of the application. The Planning Board may, but is not compelled to, consider the failure of the Westchester Joint Water Works to submit comments upon the site plan application within 45 days after such application is forwarded to it to be an indication that such nonresponding entity has no objection to the site plan application.

§ 178-10 Public hearing and action by Planning Board.

A. 
Public hearing.
(1) 
The Planning Board shall conduct a public hearing on a site plan application within 62 days after a properly completed site plan application has been received.
(2) 
In its discretion, the Planning Board may waive the public hearing, but to do so, the Planning Board must make written findings setting forth the reasons why such waiver will not be deleterious to the public health, safety or general welfare, is appropriate for the particular site plan and is not inconsistent with the purpose of this chapter.
(3) 
Before the public hearing can be opened, the applicant must demonstrate compliance with the notification procedures contained in Chapter 144.
B. 
Action by Planning Board.
(1) 
Within 62 days from the date that the public hearing is closed or waived, the Planning Board shall approve, disapprove or approve with modifications and/or specific conditions the site plan application.
(2) 
Planning Board disapproval shall include written findings explaining the grounds for disapproving the site plan application.
(3) 
An application to amend an approved site plan shall follow the same three-stage process as the original application but need only contain documents and information which directly relate to the amendment under consideration. However, the amendment will be considered in the context of the entire site plan previously approved. The fact that a public hearing was waived upon the original application does not automatically mean that a public hearing on the amendment will be waived. Each application will be judged on its own merits and by its potential impacts.

§ 178-11 Integration of other procedures.

The Planning Board shall, where practical, integrate the site plan review process with the requirements of other applicable local laws, ordinances and requirements.

§ 178-12 Standards for reviewing site plans.

The Planning Board shall consider the following standards in reviewing a site plan application and may modify or add those restrictions or conditions to its approval that it determines to be necessary or prudent when applying these standards to the site plan application.
A. 
Screening and landscaping. All structures, recreational and parking areas shall be reasonably landscaped and/or screened so as to minimize, to the extent practical, the impact on the peace, comfort or repose of reasonable persons of normal sensitivities residing on the lots shown on the map. The scale and quality of the landscaping and screening on the parcel shall be harmonious with the character of, and serve to enhance, the neighborhood.
B. 
Environmental quality. All bodies of water, wetlands, steep slopes, hilltops, ridge lines, major stands of trees, outstanding natural topography, significant geological features and other areas of scenic, ecological and historic value shall be preserved insofar as possible. Soil erosion shall be prevented insofar as possible. Flood hazards shall be minimized. Air quality shall be within legal limits. The Planning Board shall require that all potentially ecological disruptive elements of site preparation, such as blasting, diversion of watercourses and the like, be conducted according to the highest standards of professional care.
C. 
Drainage. There shall be a stormwater pollution prevention plan or surface water and erosion control plan that complies with the requirements of Chapter 95 of the Town Code.
D. 
Location and dimension of buildings. The location, arrangement, size and design of the buildings and structures shall be comparable to each other and with the parcel as a whole.
E. 
Impact of proposal on adjacent land uses. The impact of noise, glare or other features that disrupt the peace, comfort or repose of reasonable persons of normal sensitivities residing on adjacent and neighboring properties shall be minimized to the extent practical both during construction and after construction is complete.
F. 
Trees. The proposed site plan shall specify the trees exceeding six inches in diameter at a height of four feet above the ground that the applicant proposes to cut down and must demonstrate to the Planning Board's satisfaction why he or she wishes to remove each such tree, as it is the Planning Board's duty to minimize the number of trees of the aforementioned caliper that will be removed.
G. 
Regrading. Regrading shall comply with the conditions set forth in § 95-11 of the Town Code and shall be designed so that the final grade of the parcel does not alter the natural drainage patterns in such a way as to increase or concentrate current runoff from the parcel onto the street or onto the lots that border the parcel.
H. 
Staging. The Planning Board shall designate the area of the parcel where the materials and the equipment to be used shall be stored during construction and the location of portable sanitary facilities that may be installed during construction. The area so designated shall be the area that, in the judgment of the Planning Board, will minimize, to the extent practical, the impact on the peace, comfort or repose of persons residing on adjacent and neighboring properties and will reasonably protect the remainder of the parcel from being disturbed.

§ 178-13 Filing of approved site plan.

A. 
The applicant shall submit five hardcopies and one digital copy (both in PDF and TIF format) of an approved site plan.
B. 
If a site plan is approved with modifications and/or specific conditions, the approved site plan shall be revised by the applicant to include all modifications and conditions imposed by the Planning Board.
C. 
Approved site plans shall be signed and dated by the Town Engineer, who shall submit one signed copy of the approved site plan to the Building Inspector or the Director of Building Code Enforcement and Land Use Administration.

§ 178-14 Fees.

Every application for site plan approval shall be accompanied by the fee set forth in § A250-1. Should the Planning Board consider it necessary to hire consultants for technical review and/or on-site inspection, the applicant shall be required to reimburse the Town for such services or pay those consultants directly.

§ 178-15 Waiver of requirements.

If due to the particular character or the limited nature of the development for which a site plan is sought, or due to special conditions peculiar to the parcel, or if strict compliance with this chapter will cause extraordinary and unnecessary hardship, the Planning Board may waive or vary the submission of a site plan application or of certain information otherwise required as part of the application. The Planning Board also may waive or vary such submission or requirements if, in its opinion, to do so will be consistent with the goal of promoting the public health, safety, comfort, convenience and general welfare of the public. The findings for granting such waiver or a variance shall be entered into the public record.

§ 178-16 Minor revisions.

The Town Engineer or the Building Inspector or the Director of Building Code Enforcement and Land Use Development may approve minor revisions to an approved site plan, necessitated by field conditions encountered during the course of construction that could not have been anticipated during the approval process, so long as such revision will not materially change the approved site plan and will not adversely impact the neighboring properties or the environment.

§ 178-17 Approval required for issuance of permits.

A. 
No building permit shall be issued for the development of a parcel that requires site plan approval until a signed site plan is delivered to the Building Inspector or the Director of Building Code Enforcement and Land Use Administration.
B. 
No certificate of occupancy or compliance for any structure or use upon or within the parcel shall be issued until all of the required conditions of the site plan approval have been met. The Building Inspector or the Director of Building Code Enforcement and Land Use Development may revoke any such certificate if the parcel ceases to conform to the approved site plan and conditions attached thereto.

§ 178-18 Penalties for offenses.

Any violation of this chapter shall constitute a violation and be punishable by a fine not less than $250 and not more than $500 for each such violation, except that commencing construction of, or placing any structure on, a parcel which requires site plan approval or an amendment to an approved site plan without first obtaining site plan approval shall constitute a violation and be punishable by a fine not less than $500 and not more than $2,500.