Compliance with the procedure specified in Chapter
195, Subdivision of Land, §
195-14, Sketch plan conference and Planning Board review, shall be required prior to the submission of an application for site development plan approval to the Planning Board.
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. 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]
B. In place of a preliminary plat, the applicant shall submit the required
number of prints of a site development plan prepared in accordance
with the requirements of the land development regulations.
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.
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.
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.
All work shall be done in accordance with the Town of Lewisboro
land development regulations. 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.