City of New Rochelle, NY Article XIII Site Plan Approval

§ 331-117 Approval required.

A. Site plan approval. The Planning Board shall be the approving agency for all site plan applications. Fees for site plan applications shall be in accordance with Chapter 133, Fees.

[Amended 11-21-2006 by Ord. No. 259-2006; [1] 6-19-2007 by Ord. No. 165-2007; 5-13-2008 by Ord. No. 108-2008; 9-16-2008 by Ord. No. 181-2008; 10-16-2008 by Ord. No. 207-2008]

(1) Site plan approval is required prior to the issuance of a building permit for the construction or enlargement of any principal use, other than a one- or two-family dwelling, where such dwelling is permitted by right and the grade is not changed by more than four feet at any point on the site, except for the one-family and two-family dwellings specifically regulated in § 331-117A(4) below.

(2) Site plan approval is required for any building which contains or is proposed to contain a Place of Public Assembly as defined in Chapter 93 of the New Rochelle Code, prior to any change of use or occupancy to such Place of Public Assembly.

[Amended 2-10-2009 by Ord. No. 39-2009]

(3) Site plan approval is required prior to the issuance of a building permit for:

(a) Any change of use or occupancy which would result in an increase in the requirement for off-street parking or loading spaces, except for a principal use which obtains a zoning variance for such parking requirement or where parking requirements are satisfied at a municipal parking facility, in accordance with § 331-126E(1) herein;

[Amended 3-17-2009 by Ord. No. 53-2009]

(b) Any parking lot created or altered in accordance with the provisions of Article XIV of this chapter; and

(c) A new Active Recreational Use or an Expansion of Active Recreational Use located in an ROS-zoned district which requires alteration by grading, drainage systems, structures, and/or the creation of artificial or non-natural playing surfaces.

(4) A one-family or two-family dwelling located in other than the R1-HIST, One-Family Historic Residence District, shall require site plan approval including architectural review in accordance with § 331-117.1, prior to the issuance of a building permit, when any one of the following conditions apply:

(a) If such one-family or two-family dwelling is to be constructed on a lot that is currently vacant, which lot is not included on a subdivision plat filed in the Westchester County Clerk's Office since January 1, 2005;

(b) If such one-family or two-family dwelling is an existing building located in a One- or Two-Family Residence District which is i) proposed to be expanded (either by additions and/or by replacement of portions or all of the existing building) by 40% or more of the Gross Floor Area (including all principal and accessory buildings) currently existing on the lot; and ii) when expanded, shall have a Gross Floor Area (including all principal and accessory buildings) not less than 4,000 square feet; or

(c) If such dwelling is a one-family dwelling proposed to be converted to a two-family dwelling.

(5) A two-family dwelling which requires site plan approval pursuant to § 331-117A(4) above shall, to the extent reasonable and practicable, utilize the following design criteria as part of its site plan and PARC review:

(a) The two-family dwelling shall be designed and built so that the one principal front entry to such two-family dwelling shall face the street adjacent to the front yard.

(b) The two-family dwelling shall be designed and built so that the one principal front entry shall not be higher than four feet above final grade at the point of entry, and where feasible and in accordance with § 331-117.1, the two-family dwelling shall have the appearance of a single residence.

(c) The two-family dwelling, if it has a rear or side exit, balcony, patio, porch, deck, or similar outdoor recreation area adjacent to a side or rear yard, shall be set back from the side and/or rear property line by a minimum of 30 feet. If the two-family dwelling has no exits, balconies, patios, porches, decks, or similar outdoor recreation area adjacent to a side yard, the minimum side yard setback shall be eight feet with a minimum combined yard of 20 feet.

(d) Garage entrances, if any, for the two-family dwelling shall be designed and built so that they are adjacent to each other, as would typically be built for a one-family dwelling.

(e) The two-family dwelling shall be architecturally compatible in form, massing and exterior facade with the immediate area and the neighborhood area surrounding the site.

(f) Any access to an attic, when such attic is unimproved and excluded from floor area calculations, shall be made through a pull-down staircase.

[1] Editor's Note: This ordinance stated that it shall apply to all site plan and Major Subdivision applications which have not been subject to public hearing before the Planning Board prior to its adoption.

B. The approved site plan, and any conditions attached thereto, shall be complied with prior to the issuance of the certificate of occupancy. Continued compliance with all such conditions shall be a requirement of the continued validity of the certificate of occupancy. Site plan revisions, other than minor adjustments approved by the Commissioner of Development upon recommendation by the Building Official, shall be subject to the same approval procedure and requirements as the initial site plan. The Planning Board shall be notified of any amendments authorized by the Commissioner of Development or by the Building Official.

[Amended 11-21-2006 by Ord. No. 259-2006[2]]

[2] Editor's Note: This ordinance stated that it shall apply to all site plan and Major Subdivision applications which have not been subject to public hearing before the Planning Board prior to its adoption.

C. The Planning Board is authorized, subject to final approval by the City Council, to adopt any rules and regulations as it may deem necessary to properly exercise the site plan review authority granted herein.

D. Site plan approval within the R1-HIST Historic Residence District shall be subject to approval as required in accordance with Chapter 170 of the Code of the City of New Rochelle.

§ 331-117.1 Architectural review of site plans and Major Subdivisions by professional architects required.

[Added 11-21-2006 by Ord. No. 259-2006[1]]

A. The Planning Board is authorized to deny site plan applications if the proposed building's form, massing, and exterior facade is incompatible with the immediate area and neighborhood area surrounding the site, in accordance with Goals F and N, as stated in Article I, Purpose, of this Code.[2] The City hereby finds that monotonous similarity, striking dissimilarity, visual discord or inappropriateness, and visually offensive, incompatible, or other poor quality of design in the exterior appearance of buildings or structures can adversely affect the desirability of the immediate area and neighboring areas, impair the use of property, impact the stability in value of both improved and unimproved property in such areas, prevent the most appropriate development, and contribute to the diminution of the taxable value of property in such areas and their ability to support municipal services provided therefor.

[2] Editor's Note: See § 331-1F and N.

B. It is the purpose of this section to preserve and promote distinctive community character and appearance and to conserve property values throughout the City, to enhance the attractiveness of residential and business areas, which are the economic mainstays of the community, by providing procedures for a professional architectural review of certain buildings and structures henceforth erected, reconstructed, or altered and thereby to:

(1) Encourage good qualities and appearances of the exterior design of buildings and structures;

(2) Relate such design and appearances to the sites and surroundings of buildings and structures:

(3) Demonstrate originality and resourcefulness in building design and appearances which are considered appropriate to the sites and surroundings: and

(4) Prevent such design and appearances as are considered inappropriate and detrimental to the visual environment.

C. It is the intent of the City to ensure high standards, and consistent criteria, for the design of commercial, industrial, municipal, recreational and certain residential buildings and structures.

D. It is the intent of this section to create a Professional Architectural Review Committee (PARC) within the Department of Development to assist and serve as an adjunct to the Planning Board in its review of the architectural features and physical details of applications brought before it.

E. PARC recommendation to Planning Board; fee; written documentation.

(1) The PARC shall recommend approval, approval with conditions, or disapproval of any complete site plan or Major Subdivision application referred to it by the Planning Board Clerk with respect to building elevations, facade design, and urban design elements. For a site plan application or Major Subdivision application entailing less than 50,000 square feet of new construction or addition, two PARC-licensed architects shall make a joint recommendation to the Planning Board with respect to building elevations, facade design, and urban design elements. For site plan application or Major Subdivision application entailing 50,000 square feet or more of new construction or addition, all recommendations shall be voted on by a majority of three PARC-licensed architects. For Major Subdivisions containing three or more dwelling units, the PARC-licensed architects shall make recommendation to the Planning Board after the applicant has submitted the required information identified in § A361-12M, Preliminary Layout and Data, of the Land Development Regulations. The fee for PARC review shall be paid by the applicant at the time of site plan or Major Subdivision application, which fee shall be in addition to the regular fees for site plan or Major Subdivision approval. Such fees are set forth in Chapter 133, Fees.

[Amended 4-19-2016 by Ord. No. 94-2016]

(2) The PARC shall, within 30 days of receipt of the required submittal package, provide written documentation of recommendations made for each application and keep a copy in the official application files kept by the Planning Board.

F. Determining factors for recommendation of approval or approval with conditions. The PARC shall recommend approval, or approval with conditions, of a site plan and/or Major Subdivision application submitted for its review by the Planning Board Clerk with respect to building elevations, facade design, and urban design elements, provided that the project, in the opinion of the PARC, substantially satisfies the following conditions:

(1) Encourages good qualities and appearances of the exterior design of buildings and structures;

(2) Relates such design and appearances to the sites and surroundings of buildings and structures;

(3) Demonstrates originality and resourcefulness in building design and appearances which are considered appropriate to the sites and surroundings; and

(4) Prevents such design and appearances which are considered inappropriate and detrimental to the visual environment.

G. Determining factors for recommendation of disapproval. The PARC may recommend disapproval of any application, provided that findings are made that the building or structure for which the permit was requested, if constructed, erected, altered, or demolished as indicated, would result in one or more of the harmful effects set forth by reason of:

(1) Monotonous similarity to any other building or structure located, or proposed to be located, in the vicinity of the site of the building or structure for which a building permit is requested, with respect to one or more of the following features of exterior design and appearance:

(a) Substantially identical facade;

(b) Substantially identical size and arrangement of doors, windows, porticos, porches, or garages, or other openings or breaks of extensions in the facade, including reverse arrangements: or

(c) Other substantially identical features, such as, but not limited to, roofline and height, widths and lengths of elements of the building design, and exterior materials and treatments.

(2) Striking dissimilarity, visual discord or inappropriateness with respect to other buildings or structures located, or proposed to be located, in the vicinity of the site of the building or structure for which a building permit is requested, with respect to one or more of the following features of exterior design and appearance:

(a) Facade;

(b) Size and appearance of doors, windows, porticos, porches or garages or other openings or breaks or extensions in the facade; or

(c) Other significant design features, such as, but not limited to, height, widths and lengths of design elements, exterior materials and treatments, roof structures, lighting posts and fixtures, exposed mechanical equipment, storage areas, and other physical features.

(3) Visually incompatible or other poor qualities of exterior design, including, but not limited to, considerations of the compatibility or discord of colors, or incompatibility of the proposed building or structure with the terrain on which it is to be located, including, but not limited to, excessive divergence of the height or levels of any part of the building or structure from the grade of the terrain.

H. In addition to the factors enumerated in § 331-117.1G, the PARC may recommend disapproval of any site plan application in the Downtown Retail Core, provided that findings are made that the building or structure for which the application was filed, if altered, constructed or demolished as indicated, would result in one or more of the following harmful effects set forth by reason of:

[Added 9-16-2008 by Ord. No. 181-2008[3]]

(1) The building does not display street frontage which furthers and enhances a continuous, active, pedestrian retail experience.

(2) Building facades and appurtenances are not visually compatible with existing and nearby buildings, public ways and places to which such elements are visually related.

(3) The building design does not maximize fenestration on the ground-floor level and encourage window displays and viewing by pedestrians.

(4) Entranceways and facade elements do not contribute to the creation of an attractive downtown commercial environment.

(5) Exterior building appurtenances are not visually compatible with the buildings to which they are attached or other buildings in the area or with the character encouraged in the Downtown Business District insofar as materials, texture, colors, and design are concerned.

[3] Editor's Note: This ordinance also provided for the redesignation of former Subsection H as Subsection I.

I. Plans recommended for approval, approval with conditions, or disapproval. Upon recommendation of approval, approval with conditions, or disapproval by the PARC, the site plan or Major Subdivision shall be forwarded to the Planning Board, accompanied by a written explanation of the reasons for the PARC recommendation. The Planning Board shall, in its own discretion and with the authority granted to it by this Code, make a determination to approve, approve with conditions, or deny the site plan or Major Subdivision application submitted.

[1] Editor's Note: This ordinance stated that it shall apply to all site plan and Major Subdivision applications which have not been subject to public hearing before the Planning Board prior to its adoption.

§ 331-118 Procedures.

A. Prior to the filing of an application for site plan approval, the developer or designated representative shall meet in person with the Commissioner of Development, or designated representative, to discuss the proposed site plan, so that the necessary steps may be undertaken with a clear understanding of the Board's attitude and requirements in matter of site development.

[Amended 9-16-2003 by Ord. No. 204-2003; 11-21-2006 by Ord. No. 259-2006[1]]

[1] Editor's Note: This ordinance stated that it shall apply to all site plan and Major Subdivision applications which have not been subject to public hearing before the Planning Board prior to its adoption.

B. A site plan and accompanying documents, as specified in § 331-119, shall be prepared by the developer or designated representative in accordance with the general requirements and design standards specified in § 331-120.

[Amended 9-16-2003 by Ord. No. 204-2003; 11-21-2006 by Ord. No. 259-2006[2]]

[2] Editor's Note: This ordinance stated that it shall apply to all site plan and Major Subdivision applications which have not been subject to public hearing before the Planning Board prior to its adoption.

C. The Commissioner of Development, or designated representative, shall review the site plan and accompanying documents to ascertain their conformity with the Zoning Code and meet with the developer or designated representative with regard to changes deemed advisable and the kind and extent of improvements to be made and with regard to the need for applying to the Zoning Board of Appeals prior to submitting official application to the Department of Development.

[Amended 9-16-2003 by Ord. No. 204-2003; 11-21-2006 by Ord. No. 259-2006[3]]

[3] Editor's Note: This ordinance stated that it shall apply to all site plan and Major Subdivision applications which have not been subject to public hearing before the Planning Board prior to its adoption.

D. Application for site plan approval shall be submitted to the Department of Development. The Department of Development shall promulgate administrative procedures for formal details on submission requirements.[4] The Department may distribute prints to City departments for review and comments. Where required, the Board shall hold a public meeting on the site plan which shall be coordinated with any hearings held pursuant to the State Environmental Quality Review Act (see Subsection F).

[Amended 9-16-2003 by Ord. No. 204-2003]

[4] Editor's Note: The administrative procedures for formal details on submission requirements are on file in the City offices.

E. The Board shall approve with or without modification or disapprove such site plan within 62 days after the close of the hearing or after the day the application is accepted as complete if no hearing has been held.

F. Prior to granting any approvals relative to the proposed application, the Planning Board shall conduct a review and determination in accordance with Article 8 of the New York State Environmental Quality Review Act (SEQRA). Approval of the site plan by the Board shall become final only upon the determination by the signature of the Planning Board Chairperson, or designated representative, confirming that the plans submitted are in full compliance with SEQRA findings, all requirements and conditions of the Board in connection with said approval, of the Zoning Chapter and of all other applicable codes and ordinances.

[Amended 11-21-2006 by Ord. No. 259-2006[5]]

[5] Editor's Note: This ordinance stated that it shall apply to all site plan and Major Subdivision applications which have not been subject to public hearing before the Planning Board prior to its adoption.

G. The Board may require the reservation of land for park, playground or other recreational purposes for providing open space where it makes a finding that a proper case exists for such reservation on sites containing residential units. Such findings shall include an evaluation of the present and anticipated future needs for park and recreational facilities in the City based on projected population growth to which the particular site plan will contribute and need identified in the City's Comprehensive Plan. In the event that the Board makes such a finding, the Board may require dedication to 10% of the gross area or a minimum of three contiguous acres of open space, whichever is greater, or where the Board finds that a suitable park or parks of adequate size to meet the requirement cannot be properly located on such site plan, the Board may require a sum of money in lieu thereof in the amount as set forth in Chapter 133, Fees, for each dwelling unit in excess of any dwelling unit previously existing on the site. In making such a determination, the Board shall assess the size and suitability of land shown on the site plan which could be possible locations for park or recreational facilities as well as practical factors, including whether there is a need for additional facilities in the immediate neighborhood. Any money required by the Board in lieu of land for park, playground or other recreational purposes, pursuant to the provisions of this section, shall be deposited into a trust fund to be used by the City exclusively for park, playground or other recreational purposes, including the acquisition of property.

[Amended 12-9-2003 by Ord. No. 270-2003]

H. Residential condominiums.

[Added 9-21-2004 by Ord. No. 198-2004]

(1) Approval of declaration. Prior to issuance of a building permit for a condominium that has been granted site plan approval, a draft of the declaration of condominium (the “declaration”) shall be submitted to the New Rochelle Corporation Counsel for review and approval, in accordance with the conditions of site plan approval, and thereafter shall be provided to any potential buyers as part of the condominium offering plan approved and filed in accordance with the regulations of the State Attorney General. A certified copy of the filed documents together with proof of receipt of filing shall be provided to the Law Department, prior to the issuance of a certificate of occupancy for any unit. Such declaration shall include the following wording:

“A site plan and renderings of the building facades and landscaping plans for the project (collectively, "site plans") are included in Exhibit ___ in Part ___ of the offering plan for the project. The site plans are intended to conform to the site plans approved by the Planning Board of the City of New Rochelle as Resolutions Numbered ___ adopted ___ ("approved site plans"). Any discrepancies between the site plans in such Exhibit and the approved site plans will be resolved in favor of the approved site plans. Copies of the approved site plans are available for inspection at the office of the New Rochelle Planning Board and the Bureau of Buildings.

Insofar as Planning Board approval has been granted based on the Zoning Ordinance requirements regarding off-street parking and storm drainage analysis, and insofar as these City Code requirements are based on the number of bedrooms in each unit and the amount of impervious surface on the site, no unit owner shall increase, and the Board shall not permit to be increased, the number of bedrooms in any unit or the amount of impervious surface in any common area or any limited common area on the site. Additionally no unit owner or the Board of Managers shall eliminate or cause a reduction in the number of off-street parking spaces required by zoning for any individual unit or for the project in its totality."

(2) Sanitary Sewer Emergency Repair. In the event a condominium association for a condominium does not maintain, repair, and/or replace its sanitary sewer system located on the condominium common elements, including but not limited to sanitary sewer lines and pumps located in such system, in accordance with the approved site plan and/or the requirements of the Westchester County Sanitary Code, and the public health and safety is at immediate risk by such failure to maintain, repair, and/or replace, the City and/or its contractors may enter on such condominium common elements property and abate such conditions by providing such maintenance, repair, and/or replacement as is immediately necessary to protect the public health and safety, and shall bill the entire cost of such abatement, including a ten-percent administrative fee, to the condominium association, all in accordance with the notice, hearing, abatement, billing, and tax lien procedures set forth in Section 200 of the City Charter, except that the tax lien, if any, shall be placed on and spread among all of the tax lots which comprise the condominium units allocated by their respective percentage interests in the condominium common elements.

§ 331-119 Submissions required for approval.

The following documents shall be submitted to the Board for site plan approval:

A. Site plan requirements. Site plan, legibly drawn in and reproduced in sheets not exceeding 30 inches by 40 inches, at a scale not smaller than 20 feet to the inch shall be submitted a minimum of 16 days prior to the meeting. A long form environmental assessment form (EAF) or draft environmental impact statement shall accompany the plans. The plans shall include the following:

[Amended 5-21-2003 by Ord. No. 106-2003; 4-20-2004 by Ord. No. 90-2004; 11-21-2006 by Ord. No. 259-2006[1]]

(1) Proposed project name, date, North point, scale, name and address of owner, developer, engineer, architect and site planner (including seal of professional preparing site plan), tax block and lot number or numbers and name of the City and county in which the site is located.

(2) A vicinity map, at a scale not less than 100 feet to an inch, showing tax lot lines and the buildings on each of the contiguous lots.

(3) Boundaries of the property; easements; watercourses; marshes; flood zones; rock outcrops; wooded areas, single trees, with species identified, having a diameter of eight inches or more, measured at 54 inches above grade, topographic conditions and elevations; and other significant existing features on or within 100 feet of the property to be developed.

(4) Existing and proposed contours at intervals of two feet or less, referred to a datum specified by the City Engineer; basement and first floor elevations; curb elevations at street intersections and at all building entrances; existing and proposed grade differentials and treatment thereof at all property lines. If necessary for clarity, the Board can suggest a grading plan shall be submitted as a separate drawing.

(5) Adjacent roadways and sidewalks, including the location, width, and finished grades of proposed public and private streets, ways, roads, and sidewalks, along with pavement type and profiles.

(6) The location, size and design of all existing and proposed water mains, sanitary sewerage lines, valves, hydrants and storm drainage systems or other such utility facilities, including connections to any existing such facilities. A drainage report prepared by a licensed professional civil engineer who designed the drainage system and supervised soil percolation tests shall also be submitted for site plans involving dry wells, bio-filter retention basins, and other drainage facilities that utilize on-site retention or detention systems. The report shall meet the requirements of the NYS DEC General Permit for stormwater discharge, particularly if site disturbance is one acre or greater in area. An engineering report prepared by a licensed professional engineer demonstrating that the existing sanitary and water supply systems have capacity to accommodate the project demands shall be submitted.

(7) Location, dimensions and entrances of all proposed buildings on the site and any existing structures to remain.

(8) Location and dimensions of driveways, pedestrian walkways, exterior and interior parking and loading spaces and play areas.

(9) Location and dimensions of all yards and courts and distances between buildings at the points where they come closest to one another.

(10) Location and types of retaining walls, guardrails and other protective features.

(11) Zoning districts within and adjacent to the site.

(12) Preliminary architectural plans showing at least three different exterior facade elevations of the proposed building, with such architectural plan showing in detail specifications of materials and colors to be used on the exterior facade elevations, at a scale of no less than 1/8 inch to one foot, in a format acceptable to the Department of Development.

(13) An analysis, with photographs, demonstrating that the proposed construction is harmonious and compatible architecturally with the neighborhood.

(14) The location, design and proposed screening of outdoor storage areas, including proposed provisions for storage and refuse collection, electric and communications equipment and all planned structures, including outdoor electric generators and fuel storage tanks.

(15) A description of measures planned to assure proper erosion and sedimentation control, both during and after construction, with reference to Westchester County's Best Management Practices Manual for Construction Related Activities, Standards and Specifications. A plan showing the phasing of construction, limits of site disturbance, construction access and storing of material and equipment shall be provided at a scale of no less than one inch equals 100 feet.

(16) Location, type, and size of all security grilles or similar security grates or devices, and the type and hours of operation of internal lighting security, after close of business, if applicable.

(17) Landscape plan, including the following:

(a) A title block with the name of the project, name of person preparing the plan, a scale, North arrow, and date;

(b) A tree survey by a licensed land surveyor, architect, landscape architect, or engineer showing the species and number of all existing trees with a caliper of eight inches or greater and measured 54 inches above grade, within 20 feet of the area proposed to be disturbed by the project, including disturbances related to grade changes and changes in drainage, and any other eight-inch-diameter tree(s) outside the aforementioned area, which are proposed to be removed;

(c) All existing and proposed structures on site;

(d) Existing vegetation, including trees, to be saved;

(e) Methods and details for protecting existing vegetation, including trees, during construction;

(f) Plant lists or schedules with the botanical and common name, quantity, spacing and size of all required and proposed vegetation, including trees;

(g) Locations and description of other landscape improvements, such as earth berms, walls, fences, screen, sculptures, fountains; and

(h) Planting and installation details as necessary to ensure conformance with all required standards.

[1] Editor's Note: This ordinance stated that it shall apply to all site plan and Major Subdivision applications which have not been subject to public hearing before the Planning Board prior to its adoption.

B. [2]Contributions required for sewer inflow/infiltration mitigation for applications filed outside of the Downtown Overlay Zone shall be determined by the Department of Public Works based upon additional inflow as set forth in the calculations below.

[Added 12-13-2016 by Ord. No. 272-2016]

100 gallons per day (GPD) per person (PP) x 3 = Total GPD

[2] Editor's Note: Former Subsection B, Landscaping, was removed from this section 4-20-2004 by Ord. No. 90-2004. See now § 331-119.1, Landscaping requirements for multifamily, nonresidential and mixed-use zoning districts.

C. Any additional data the Board reasonably determines necessary for its proper consideration of the site plan.

§ 331-119.1 Landscaping requirements for multifamily, nonresidential and mixed-use zoning districts.

[Amended 7-16-2002 by Ord. No. 139-2002; 5-21-2003 by Ord. No. 106-2003; 4-20-2004 by Ord. No. 90-2004]

A. Multifamily residential landscaping requirements. Landscaping for residential development in multifamily residential zoning districts shall include an appropriate number of shade and evergreen trees as shall be determined by the Planning Board in its approval of the site plan. Any application to construct a development of multifamily dwellings requiring any parking lot shall include provisions for a buffer screening area at least 10 feet in width along any lot line abutting a privately owned lot in a one-family or two-family residence district.

B. Nonresidential and mixed-use zoning districts landscaping requirements. Any application to construct any building or structure or any parking lot in any nonresidence district or nonresidential use in a residence district or for a new Active Recreational Use or Expansion of Active Recreational Use which requires alteration by grading, drainage systems, Structures, and/or the creation of artificial or non-natural playing surfaces shall include provisions for the landscaping of all pervious surfaces with appropriate ground cover and/or grass and shall also include the planting of shade, ornamental, and evergreen trees, in accordance with the following schedule. These regulations shall apply to any nonresidential use located within a residential zoning district. These requirements shall not apply to self-storage facilities located in the LI Light Industrial District and the Fifth Avenue Overlay Zone (FA). The Planning Board has the authority to waive the requirements for deciduous and evergreen plantings and to substitute alternative species, when, in its judgment, such substitution is desirable:

[Added 6-19-2007 by Ord. No. 165-2007; amended 10-20-2009 by Ord. No. 199-2009; 5-20-2015 by Ord. No. 117-2015]

(1) Buffer: A buffer screening area at least 10 feet in width along any lot line abutting a lot in a residence district that includes an opaque fence six feet in height and one deciduous tree for every 20 linear feet shall be provided along the entire property line abutting a residence and mixed-use district.

(2) Landscape strip along right-of-way: A minimum five-foot-wide landscape strip between a right-of-way and the parking lot, planted with a minimum of one deciduous tree and 10 shrubs for every 35 linear feet of frontage (excluding driveway openings), shall be provided.

(3) Perimeter landscaping: A landscape strip at least five feet in width, that includes at least one deciduous tree and a continuous row of evergreen shrubs, shall be required for every 35 linear feet of the perimeter.

(4) Additional landscape treatment. All interior landscape areas (except where existing vegetation is preserved) shall be landscaped with grass, ground cover, shrubs, or other appropriate landscape cover.

(5) Existing vegetation. The preservation of existing vegetation is strongly encouraged and may be used to meet the requirements of this section, provided the Planning Board determines that the intended purpose of this section is achieved.

C. A maintenance bond.

(1) A maintenance bond in the amount of 125% of the cost of materials and installation shall be required for all landscaping to assure that all landscaping shall conform with an approved landscaping plan and that the landscaping survives in a healthy condition. However, the Building Official shall determine the amount of the maintenance bond for projects and shall consider the financial impacts of the one-hundred-twenty-five-percent performance bond standard on all projects the Board reviews. The maintenance bond shall be held for a minimum of five full years, beginning at the date of the issuance of the certificate of occupancy. The Planning Board may extend the bond period if deemed necessary to ensure plant survivability.

(2) In addition to the maintenance bond, provision must be made for the Building Official to enter the property to inspect the landscaping and, after notifying the owner of any deficiencies, the Building Official shall require that the maintenance bond be used to pay for the replacement of any landscaping which is required in accordance with the approved landscaping plan. If the property owner fails to replace dead, dying, diseased, stunned or infested plant materials, the Building Official may also require that the maintenance bond be used to replace approved but deficient plant materials. The owner of the landscaping shall be required to perform all normal maintenance, including mowing, pruning, trimming, watering, fertilizing, mulching, pest control, weed control required of newly installed plant materials, including restaking and reguying of disturbed trees and plants and restoring proper drainage and water supply for plant materials in perpetuity.

D. Approval procedures. All applicable requirements of these landscaping regulations shall be implemented through the site plan or special permit approval processes. In all other cases, not involving site plan or special permit approval, these landscaping requirements will be enforced by the Building Official, if required by code, prior to granting a certificate of occupancy.

E. Exemptions. These requirements may be waived by the Planning Board in situations where the Board determines that adjoining land uses, topographic features or existing vegetation satisfy the same purpose. The Planning Board may allow the substitution of a wall or fence of location, height, design and materials meeting the requirements of this section, for all or part of the required planting.

§ 331-120 General requirements and design standards.

[Amended 7-16-2002 by Ord. No. 139-2002; 9-16-2003 by Ord. No. 204-2003; 5-15-2007 by Ord. No. 121-2007; 6-19-2007 by Ord. No. 165-2007]

The following shall be deemed to be minimum requirements and shall not be waived by the Planning Board:

A. The site plan shall conform to all the requirements specified in the Zoning Chapter.

B. The layout of buildings, driveways, walks, parking and loading spaces, and other features of the site plan shall be established with due regard to:

(1) Public convenience and safety.

(2) Proposed use of the site.

(3) Proper relation to pedestrian and vehicular traffic, and to uses in the adjacent areas.

(4) Topography and other land features.

C. The layout of the site plan shall be arranged in a manner acceptable to the Board.

D. Driveways shall not exceed the following grades:

(1) In residential development: 10%.

(2) In nonresidential development: 8%.

[Amended 2-19-2013 by Ord. No. 39-2013]

(3) Within 30 feet of the street right-of-way line, in residential or nonresidential development: 3%.

E. Obstructions to visibility over 2.5 feet high, other than trees with a trunk diameter of under 18 inches, shall be prohibited in the triangles formed by the street right-of-way line, the edge of the driveway and a line joining points located along the street right-of-way line and the edges of the driveway, 30 feet from their intersection.

F. Driveways shall intersect street lines at right angles and shall be located at least 30 feet from a street corner.

G. Grades of open parking and loading areas shall not exceed 6%.

[Amended 2-19-2013 by Ord. No. 39-2013]

H. The site plan shall comply with all requirements set forth in Chapter 215, Nonstormwater Discharges, of the New Rochelle City Code.

I. (Reserved)

J. If development of the site is for a new Active Recreational Use or Expansion of Active Recreational Use in an ROS zoned district which requires alteration by grading, drainage systems, Structures, and/or the creation of artificial or non-natural playing surfaces, the Planning Board shall establish conditions regarding the hours and frequency of operation of such Use which conditions shall be realistic and enforceable and shall mitigate, to the extent possible, any adverse environmental (including but not limited to traffic, noise, and/or visual) impacts which might be created by such Use.

§ 331-120.1 Private art betterments.

[Added 10-16-2008 by L.L. No. 3-2008[1]; amended 6-19-2018 by Ord. No. 2018-125]

A. Purpose. Recognizing the overall benefits of publicly accessible art located on privately owned sites and the improvements such art can bring to the design, architectural excellence, neighborhood vitality and quality of life for the community as a whole, it is determined that any project in excess of 50,000 square feet of gross floor area shall provide, as part of the process of site plan approval by the New Rochelle Planning Board, a private art betterment as governed by this section. this private art betterment shall be mandated as part of the site plan review process with the further requirement that the private art betterment shall be at a scale commensurate with the proposed project and at a cost not less than 0.0025 multiplied by the construction cost of the project.

B. Definitions. As used in this section, the following terms shall have the meanings indicated:

APPROVING AUTHORITY

The Planning Board.

CONSTRUCTION COST

The construction cost of a project subject to site plan review, being the same cost used for purposes of determining the building permit fee payable under § 111-42C(1) of the City Code.

MUNICIPAL ARTS COMMISSION

The municipal commission existing under Sections 181 and 182 of the City Charter.

PRIVATE ART BETTERMENT

A construction of artistic merit located on private property which is easily visible and/or accessible to the public with the primary purpose of providing aesthetic expression to historical, emotional, spiritual, community or abstract themes.

PROFESSIONAL ARCHITECTURAL REVIEW COMMITTEE (PARC)

A review committee created through § 331-117.1 of the Zoning Code.

C. Site plans subject to private art betterments.

(1) Any application to the Planning Board for site plan approval filed pursuant to Chapter 331, Zoning, for any project in excess of 50,000 square feet of gross floor area shall include a plan for a private art betterment which shall be commensurate with the scale of the proposed project and shall be easily visible and/or accessible to the public.

(2) The private art betterment shall be a condition of site plan approval, subject to final approval by the Municipal Art Commission.

[Amended 6-19-2018 by Ord. No. 2018-125]

D. Minimum cost for private art betterment. In all cases, there shall be a minimum threshold cost for the private art betterment which shall be not less than 0.0025 multiplied by the construction cost of the project. The estimated cost of the private art betterment shall be included as part of the site plan application, which cost shall be verified by the applicant prior to issuance of the first building permit for the project.

E. Determination by Municipal Art Commission. In making its determination to grant, deny, or grant with conditions the private art betterment as required under this section, the Muinicipal Art Commission shall consider the following factors:

[Amended 6-19-2018 by Ord. No. 2018-125[2]]

(1) Is the scale of the private art betterment commensurate with the overall scale of the project?

(2) Is the private art betterment consistent with the surrounding environs and does it express a genuine artistic and aesthetic content?

(3) The recommendation(s) made by the Municipal Art Commission and PARC and any response(s) to said recommendation(s) made by the applicant.

[2] Editor's Note: This ordinance also provided for the repeal of former Subsection E, Visual impact analysis for private art betterment, and Subsection G, Incorporation of private art betterment in site plan. Former Subsections F and H were redesignated as Subsections E and F, respectively.

F. Payment in lieu of private art betterment. In lieu of providing a private art betterment as required by § 331-120.1C(1) of this article, an applicant for site plan approval may make a payment in satisfaction of this requirement prior to the issuance of the first building permit for the project subject to site plan approval, which fee shall be deposited to the City's Public Art Betterment Fund. This fund shall be used to provide arts to the benefit of the public. Such fee shall be paid in accordance with the payment schedule set forth in § 331-120.1D.

[Added 11-15-2016 by Ord. No. 239-2016]

[1] Editor's Note: This local law also provided that this section shall apply to all projects which have not obtained site plan approval prior to the effective date of this local law.

§ 331-121 Notification.

A. The applicant shall provide notice to all property owners within 250 feet of all lot lines of the premises of the site plan application of the date, time and place of the meeting at which it will be heard at least 10 days prior to such public meeting. All notification shall be in writing and shall be sent by certified mail, return receipt requested. All receipts shall be returned to the Department of Development prior to the meeting of the Planning Board.

[Amended 9-16-2003 by Ord. No. 204-2003]

B. In addition, the applicant shall post a sign on the property which is the subject of the application on or before 15 days prior to the first date of public meeting. The sign shall be obtained from the Department of Development and shall be at least 30 inches by 20 inches, consist of sturdy and serviceable material containing a white background with black letters and shall be placed in a location plainly visible from the most commonly traveled street upon which the property fronts but in no case more than 20 feet back from the front line. Such sign shall be not more than three feet above the ground and shall read as follows, in legible lettering at least two inches:

[Amended 9-16-2003 by Ord. No. 204-2003]

"THE USE OF THIS SITE IS PROPOSED TO BE DEVELOPED AS FOLLOWS: (describe proposed development). THIS MATTER IS SUBJECT TO PUBLIC MEETING AT CITY HALL ON (give date and time.)"

C. Prior to the first public meeting on the application, the applicant shall submit a notarized statement to the Planning Board certifying full compliance with the requirements set forth above.

§ 331-122 Variances in conjunction with site plan.

A. Site plan approval shall comply with all the requirements of this chapter. Where an application requires a variance from any requirement of this chapter, site plan approval shall not be effective until and unless such variances shall be issued by the Board of Appeals on Zoning.

B. In cases where an applicant requires one or more variances, the applicant shall file an application with the Bureau of Buildings, which shall also advise the applicant of the procedures and requirements to be followed in seeking those variance(s) from the Board of Appeals on Zoning.

§ 331-123 Expiration.

Unless otherwise specifically set forth by the Planning Board in connection with its approval of a site plan, such approval shall expire if a building permit is not issued within one year from the date of approval and if all construction work is not completed within two years of the date of issuance of such permit. Upon application to the Planning Board, extensions totaling a maximum of 12 months may be granted to each of these time periods, for appropriate cause.

§ 331-124 Amendments.

A. Minor amendments. During construction, the Building Official may authorize minor adjustments to the approved site plan when such adjustments appear necessary or appropriate as the result of technical or engineering considerations, the existence or materiality of which was first discovered during actual construction. Such minor adjustments shall be consistent with the concepts of the approved site plan.

B. Substantial amendments. Where unforeseen conditions are encountered which require any change to an approved site plan which the Building Official considers substantial, or where the applicant wishes to modify the approved site plan for other reasons, an amended site plan shall be filed for review and approval in accordance with the same procedures required for an initial application.