[Amended 12-12-2004 by L.L. No. 24-2004; 3-22-2005 by L.L. No. 5-2005; 7-12-2005 by L.L. No. 13-2005; 12-13-2005 by L.L. No. 22-2005; 12-12-2006 by L.L. No. 22-2006; 3-10-2009 by L.L. No. 1-2009; 2-23-2010 by L.L. No. 2-2010; 7-13-2010 by L.L. No. 6-2010; 12-11-2012 by L.L. No. 10-2012; 9-10-2013 by L.L. No. 6-2013; 1-28-2014 by L.L. No. 1-2014; 1-28-2014 by L.L. No. 2-2014; 9-9-2014 by L.L. No. 6-2014; 10-27-2020 by L.L. No. 9-2020]
A.
Designation of approval authority for site plan review.
(1)
Where any provision of this chapter requires site plan approval, the Board of Trustees shall be the designated approval authority for applications seeking approval in the following instances, except where the Planning Board is otherwise identified as the approval authority, as set forth in Subsection A(2) below:
(a)
On a parcel of four acres or more;
(b)
In connection with an application for a special use permit subject to approval by the Board of Trustees; or
(c)
Any application related to fair and affordable housing, regardless of acreage or number of units, including but not limited to any such application made pursuant to any federal, state or local statute or ordinance, judicial determination or as a result of a settlement of a court proceeding regarding fair and affordable housing, including but not limited to United States ex rel Anti-Discrimination Center of Metro New York, Inc. v. Westchester County, New York. For the purposes of this chapter, "fair and affordable housing" shall be defined as any project, plan, or application that includes:
[1]
For-purchase housing units that are affordable to a household whose income does not exceed 80% of the area median income (AMI) for Westchester County as defined annually by the U.S. Department of Housing and Urban Development (HUD) and the annual housing cost of a unit, including common charges, principal, interest, taxes and insurance, does not exceed 33% of 80% AMI, adjusted for family size; or
[2]
Rental units that are affordable to a household whose income does not exceed 60% AMI and the annual housing cost of the unit, defined as rent plus any tenant-paid utilities, does not exceed 30% of 60% AMI adjusted for family size.
(2)
Where any provision of this chapter requires site plan approval, the Planning Board shall be the designated approval authority for applications seeking approval in the following instances:
(a)
On a parcel of less than four acres;
(b)
Changes of use in an existing shopping center, as defined in Chapter 250, entitled "Zoning," of the Code of the Village of Rye Brook, where the proposed change of use meets any of the following criteria:
[1]
Requires special use permit approval;
[2]
Includes an increase in the gross floor area of an existing building(s) or a change in the footprint of the existing building(s) on the lot;
[3]
Proposes hours of operation between 11:00 p.m. and 5:00 a.m.; or
[4]
Requires a greater number of off-street parking spaces relative to the existing use in accordance with said chapter based on a determination by the Building Inspector;
(c)
Minor amendments to an approved site plan, such as a change of less than 10% of the existing building footprint, increase of less than 10% of the existing impervious surface coverage, modifications to site lighting, pedestrian circulation patterns, landscape plans or signage, or other similar minor amendments;
(d)
In connection with an application for a special permit subject to approval by the Planning Board; or
(e)
All other instances where the Board of Trustees is not the approval authority.
(3)
For the purposes of Sections A(1) and A(2) above, the designated approval authority is hereby authorized to review and approve, approve with modifications, or disapprove site plans. No building permit shall be issued, no structure or use shall be established, no use shall be changed to another use and no existing grades shall be altered nor impervious surface placed without prior conformity to the site plan approval procedures set forth in this chapter.
B.
Prior to the issuance of a building permit or any other required permits or approvals, a site plan shall be submitted for review and approval by the designated approval authority for any one of the following land use activities:
(1)
Any new construction or teardown, as such terms are defined in § 250-2 of the Zoning Code, of any building, not including one- and two-family dwellings. The new construction or teardown of a one- or two-family dwelling may require site plan review at the discretion of the Building Inspector or Superintendent of Public Works/Village Engineer pursuant to § 209-1C.
(2)
Exterior alterations or major expansions performed to an existing building which result in an increase of 50% or more of the gross floor area of the existing building. An addition, exterior alteration or major expansion which results in an increase of 50% or more of the gross floor area of an existing building, shall not be segmented by the applicant into two or more applications, each of which would not independently result in an increase of 50% or more of the gross floor area of the existing building, but when taken together would exceed such threshold. This Subsection B(2) shall not apply to any addition, exterior alteration or major expansion to an existing one- or two- family dwelling which does not require any variances as a result of the exterior alteration or major expansion, however, such additions, exterior alterations or major expansions may require site plan review at the discretion of the Building Inspector or Superintendent of Public Works/Village Engineer pursuant to § 209-1C.
(a)
Any application for an addition, exterior alteration or major expansion submitted less than 18 months after the issuance of one or more building permits for another addition, exterior alteration or major expansion by the same property owner(s), which when taken together would result in an increase of 50% or more of the gross floor area of the building existing at the time of the initial application, shall be subject to site plan review. Site plan review shall include all additions, exterior alterations or major expansions for which a building permit was sought by the same property owner(s) within 18 months of the current application, but any denial of a site plan application shall not be construed to preclude or require the removal of an addition, exterior alteration or major expansion for which a building permit has been duly issued.
(3)
Any change(s) of use from residential to nonresidential, or vice versa, or a change in an existing use that will affect the characteristics of the site in terms of traffic, access, parking, loading, circulation, hours of operation, drainage, utilities, lighting, security or other Village services, except as set forth below at § 209-1E and except for a change to a one- or two-family dwelling. This provision shall not apply to Tier I home occupations.
(4)
All proposed subdivisions of land.
(5)
Activities requiring certain permits.
(a)
Any activity that will require the following permits:
[1]
A site development permit in accordance with the requirements of Chapter 118, entitled "Erosion and Sediment Control," of the Code of the Village of Rye Brook; or
[2]
A flood damage prevention development permit in accordance with the requirements of Chapter 130, entitled "Flood Damage Prevention," of the Code of the Village of Rye Brook; or
(b)
This provision shall not apply to administrative permits issued by the Superintendent of Public Works/Village Engineer.
(6)
Any activity that will require a special use permit, in accordance with the requirements of Chapter 250, entitled "Zoning," of the Code of the Village of Rye Brook.
(7)
Any amendment of a previously approved site plan on a nonresidential property, except as set forth below at § 209-1E.
(8)
Any amendment of a previously approved site plan on a residential property, other than minor modifications as set forth in § 209-1D of this chapter, which previously approved site plan either does not yet have a final certificate of occupancy or the amendment thereof is within one year of issuance of such final certificate of occupancy.
(9)
Any disturbance of land that would result in a change of elevation greater than one foot across an area of 400 square feet or more or a change in the slope of the lot greater than 10% and that is within the front yard or within 15 feet of the rear or side property lines.
C.
The following types of activities may be subject to site plan review where the activity may cause adverse impacts to traffic access or circulation, neighborhood aesthetics, public health, viewsheds, drainage, stormwater runoff, steep slopes, wetlands or other existing natural features. Upon review of the submitted application materials, the Building Inspector or Superintendent of Public Works/Village Engineer may, in his/her discretion, consult with the Planning Board Chair on any activity which may cause adverse impacts to determine whether such activity shall be subject to site plan review:
(1)
Any activity that will require a demolition permit in accordance with the requirements of Chapter 107, entitled "Demolition of Buildings and Structures," of the Code of the Village of Rye Brook.
(2)
Any activity that will require a blasting permit in accordance with the requirements of Chapter 87, entitled "Blasting and Explosives," of the Code of the Village of Rye Brook.
(3)
All permitted uses, accessory uses, additions to or alterations to or major expansions of existing permitted uses or accessory uses within the Scenic Roads Overlay District.
(4)
Any new construction or teardown, as such terms are defined in § 250-2 of the Zoning Code, of any one- or two-family dwellings.
(5)
Exterior alterations or major expansions performed to an existing one- or two-family dwelling which results in an increase of 50% or more of the gross floor area of the existing dwelling.
D.
Minor modifications. During construction, the Village Building Inspector or Superintendent of Public Works/Village Engineer may authorize, upon the written request of the applicant, minor changes to the approved site plan. Such minor modifications shall be consistent with the design and intent of the approved site plan. The architect or engineer of record shall submit the approved change(s) on a set of as-built plans, which plans shall be maintained in the permanent file of the Building Department.
E.
Exceptions. Prior to the issuance of a building permit or any other required permits or approvals, site plan review shall not be required for the following activities:
(1)
The construction, addition, exterior alteration or major expansion of any one- or two-family dwelling, except where otherwise required in this section.
(2)
Changes of use in an existing shopping center, as defined in Chapter 250, entitled "Zoning," of the Code of the Village of Rye Brook, where the proposed change of use meets the following criteria:
(a)
Does not require a variance or special permit approval;
(b)
Does not include an increase in the gross floor area of an existing building(s) or a change in the footprint of an existing building(s) except for minor additions or alterations to an existing building(s) such as vestibules of no more than 40 square feet, an expansion of an existing loading dock, breezeways, or other similar minor additions or alterations;
(c)
Does not propose hours of operation between 11:00 p.m. and 5:00 a.m.; and
(d)
Does not require a greater number of off-street parking spaces relative to the existing use in accordance with said chapter based on a determination by the Building Inspector.
(3)
The construction, installation or alteration of site elements that do not involve changes to the vehicular or pedestrian circulation plan or the site lighting plan of such an existing shopping center.