B.
The subdivision or lot line change of any lot, block, parcel or site into separate ownership lots for any purpose or compatible use permitted pursuant to this Article XVI of this chapter shall be permitted upon compliance by the applicant with the Village subdivision review procedures as administered by the Village Planning Board, except that a subdivision plat showing land ownership and use shall be approved and endorsed by the Village Planning Board pursuant to §§ 7-728, 7-730, 7-732, 7-738 and 7-740 of the Village Law of the State of New York pertaining to subdivision control and the State Department of Health as may be required and shall be filed in the office of the Westchester County Clerk prior to the issuance of building permits.
C.
In addition to the requirements stated above, every
applicant seeking subdivision approval must provide a conventional
plan and a clustering plan for consideration by the Planning Board.
(1)
The conventional plan must conform to all environmental
set-asides, minimum lot size requirements and all other zoning requirements,
including the maximum number of allowable lots.
(2)
The clustering plan must meet the following
parameters:
(a)
The number of lots may not exceed the maximum
number of lots in the conventional plan.
(b)
A minimum of 33% of buildable land, which shall exclude land area defined by the Village of Tarrytown as wetlands, steep slopes of 25% or greater and hilltops, as set forth in § 305-67 of the Zoning Ordinance, shall be set aside as open space.
(c)
The minimum lot size in the clustering plan
may be reduced to no less than 50% of the otherwise minimum lot size
permitted in the applicable zoning district.
(d)
The Planning Board may modify all lot and bulk
regulations, including lot width, frontage, setbacks, yards, floor
area ratios and building height, if it makes findings that three of
the criteria for such modifications, hereinafter set forth, have been
met. Building heights in the ordinance shall not exceed a maximum
average finished grade of 2 1/2 stories or 25 feet as defined
in the Zoning Ordinance and as permitted throughout the Village.
(e)
Criteria for permitting modifications to lot
and bulk regulations:
[1]
The amount of open space provided is in excess
of the minimum standard of 33%, including both buildable and nonbuildable
lots;
[2]
The location of proposed open space enhanced
by its relation to neighborhood preservation issues as identified
by the Planning Board;
[3]
Environmentally valuable, sensitive lands and
other resources are protected;
[4]
The open space is enhanced;
[5]
Linkages to other open space areas are provided;
[6]
Viewsheds are protected;
[7]
Recreational assets are provided;
[8]
Environmental features, including specimen trees,
steep slopes, wetlands, hilltops and other features, are protected;
[9]
Historic and/or cultural resources are protected.
(f)
When reviewing clustering plans within the context
of the above criteria, the Planning Board shall carefully balance
each request for flexibility in lot and bulk controls with the overall
impact that the plan has on the surrounding area and its environmental
features, including the dimensional parameters and adjacent properties.
D.
The future ownership of the resulting open space preserved
in an approved clustering plan shall be completely at the applicant's
discretion. The applicant may donate the land to the Village; however,
in the event that an offer of donation is not accepted by the Board
of Trustees, or if the applicant chooses to retain his/her ownership
rights, the applicant shall grant a conservation easement to a not-for-profit
organization, approved by the Village Board of Trustees, which shall
provide that the created open space will never be developed. If neither
the Village nor any not-for-profit organization wants to hold the
conservation easement, then the applicant shall grant the conservation
easement to a homeowners' association.
E.
An approved clustering subdivision plat must include
a map note indicating that it was approved as a cluster and the same
must be identified with reference to the approving resolution for
the subdivision; furthermore, for future reference, the approved building
coverage for each parcel of the cluster subdivision must be designated
on the subdivision plat.
A.
In accordance with § 7-725 of the Village
Law,[1] site development plan approval by the Planning Board shall
be required for:
(1)
The erection, enlargement, rehabilitation, conversion,
change of use that requires an increase in the minimum off-street
parking requirements, change of occupancy or reuse of all buildings
including new homes and additions to existing homes where the proposed
addition increases the footprint of the existing home by 25% or more
or results in a square footage or FAR increase of 50% or more. The
Planning Board shall have the authority to review and approve site
plans upon those proposed lots which it deems appropriate in the interest
of the general welfare and to minimize any potential adverse impact.
(2)
All uses of land where no building is proposed,
including the proposed use and development of all land within proposed
subdivisions.
(3)
Any change, addition or modification to land
or buildings whatsoever in any area of the Village designated as an
historic district or historic landmark by the Village Board. Said
site plan review shall include any recommendations submitted by the
Village Architectural Review Board.
[1]
Editor's Note: Village Law § 7-725
was repealed by L. 1992, c. 694, § 3, effective 7-1-1993.
For current provisions see Village Law § 7-725-a.
B.
In all cases where any amendment of any such site
development plan (the "plan") is proposed, the applicant shall secure
the approval of the amendment by the Planning Board. No building permit
may be issued for any building within the purview of this section
until an approved site development plan or amendment of any such plan
has been secured by the applicant and presented to the Code Enforcement
Officer. No certificate of occupancy may be issued for any building
or use of land within the purview of this section unless the building
is constructed or used or the land is developed or used in conformity
with an approved site development plan or an amendment of any such
plan. Prior to review and approval by the Planning Board, the Code
Enforcement Officer shall certify on each site development plan whether
or not the plan meets the requirements of the chapter other than those
enumerated in sections of this chapter regarding site development
plan approval.
C.
In the RR Restricted Retail Zone, if the Building
Inspector finds that a change of use or occupancy will not require
an increase of more than five off-street parking or loading spaces
beyond that required for the previous use, or in the number of spaces
actually approved for construction to serve the use as of the effective
date of the provision, and the applicant does not have land available
on site for parking or does have land on site that cannot be accessed
from public rights-of-way, site plan approval requirements may be
waived by the Building Inspector. The decision of the Building Inspector
can first be reviewed by the Village Administrator and then by the
Planning Board.
All buildings and other uses of land within the Waterfront General Business District (WGBD) and the Waterfront District (WD) shall be subject to review by the Planning Board in accordance with the provisions of Article XVI.
At least 18 days in advance of the Planning
Board meeting at which a site development plan, or an amendment of
it, is to be presented, the information enumerated below must be submitted
as required to the Secretary of the Planning Board in 12 copies, along
with a letter of application. Prior to the first regular Planning
Board meeting thereafter, copies of the submitted site development
plan or amendment thereof shall be mailed or distributed by the Secretary
of the Planning Board to all Planning Board members as well as but
not limited to Village police, fire, building and administrative departments,
to the Village consulting engineer, consulting landscape architect
as well as to other Village consultants and officials and required
referrals to the Westchester County Planning Department and other
agencies as required or deemed appropriate by the Planning Board.
All maps submitted must be at a scale of not less than 30 feet to
the inch. The information to be submitted and which in total constitutes
a site development plan follows:
A.
Legal data:
(1)
The names of all owners of record of all adjacent
property and the lot, block and section number of the property.
(2)
Existing school, zoning and special district
boundaries.
(3)
Boundaries of the property to be developed:
building or setback lines, if different from those required in the
Building Zone Ordinance, and lines of existing streets, lots, reservations,
easements and areas dedicated to public uses. All lengths shall be
in feet and decimals of a foot, and all angles shall be given to the
nearest 10 seconds or closer if deemed necessary by the surveyor.
The error of closure shall not exceed one to 10,000.
(4)
A copy of any covenants or deed restrictions
that are intended to cover all or any part of the tract.
(5)
A tabular summary identifying how and to what degree the proposed development on the site development plan complies with each zoning standard or condition listed in Columns 2 through 20 of the schedule controlling land and buildings as noted in § 305-11[1] or in any other development standard expressed or interpreted
by the Planning Board as being expressed in any other section of this
chapter. Said table shall be known as a "zoning standards comparison
table" and may be written on a copy of the site development plan map.
The zoning standards comparison table shall include at least the required
minimum or maximum standards listed on the schedule. It shall also
list the actual or proposed standard for each particular column on
the schedule and may list any or additional information deemed appropriate
by the applicant or the Planning Board.
[1]
Editor's Note: The schedule is included at the end of this chapter.
C.
Topographic data:
(1)
Existing contours with intervals of two feet,
referred to a datum satisfactory to the Board. Where the variations
in elevation above or below the average level of the street in front
of the property exceed 10 feet, or where any slope exceeds 25%, the
application shall be accompanied by a map showing the contours at
two-foot intervals, certified to by a licensed surveyor and showing
the relation of the structure thereto and the safe and adequate access
thereto.
[Amended 9-20-2010 by L.L. No. 9-2010]
(2)
The location of existing watercourses, marshes,
wooded areas, rock outcrops, single trees with a diameter of eight
inches or more measured three feet above the base of the trunk and
other significant existing features.
D.
Development data:
(1)
The title of the development: the date, North
point, scale and name and address of the record owner, engineer, architect
and land planner or surveyor preparing the site development plan.
(2)
The proposed use or uses of land and buildings
and the proposed location of buildings, including proposed grades,
facades and other architectural features.
(3)
All proposed lots, easements and public and
community areas.
(4)
All proposed streets with profiles indicating
grading and cross sections showing the width of the roadway, the location
and width of sidewalks and the location and size of utility lines,
according to the standards and specifications contained in the Street
Improvement Specifications of the Village of Tarrytown. All lengths
shall be in feet and decimals of a foot, and all angles shall be given
to the nearest 10 seconds or closer if deemed necessary by the surveyor.
The error of closure shall not exceed one to 10,000.
(5)
All means of vehicular access and egress to
and from the site onto adjacent streets.
(6)
The location and design of any off-street parking
areas or loading areas, including the proposed surfacing of the same.
(7)
The location of all proposed water lines, valves
and hydrants and all sewer lines or alternative means of water supply
of sewage disposal and treatment.
(8)
The proposed location, direction, power and
time of proposed outdoor lighting.
(9)
The proposed screening and landscaping, including
a planting plan prepared by a qualified landscape architect.
(10)
The proposed location, height and design of
any proposed fences.
(11)
The proposed stormwater drainage system.
E.
Additional material to be submitted:
(1)
All residential site plan applications must
include a scaled street elevation drawing showing the proposed structure
on the site, as well as existing buildings on adjacent and neighboring
lots. Such drawings may be simple line drawings with sufficient detail
to clarify the relationship of proposed structures to existing neighboring
structures and significant landscape features. For site plan applications
involving corner lots, a scaled street elevation drawing must be provided
from both streets. All vertical measurements shown on the elevation
drawing must be measured from predevelopment grade. At the discretion
of the Planning Board, a photo montage of digital photographs and
superimposed drawings may be submitted in place of the scaled street
elevation drawing. Such a photo montage must be signed by the applicant
to certify its accuracy.
(2)
Under circumstances as deemed appropriate by
the Planning Board, such as in the case of major site plans or other
special or unique development projects or proposals, the Planning
Board may request the applicant to submit whatever data or information
which the Planning Board deems relevant and appropriate, such as,
but not limited to: supplemental information pertaining to any information
required in this section or in other sections of the Local Zoning
Law; a three-dimensional model or models of the proposed development,
including size relative to surrounding buildings, building materials
and architectural styles and basic landscaping; and environmental
data.
(3)
Applicants must identify every element of the subdivision and
site development plan that require variances, waivers, permits or
any other relief from the Code of the Village of Tarrytown and/or
of the Laws of the State of New York. For each such element, the applicant
shall provide an explanation of why the variance, waiver, permit or
other relief requested complies with the requirements of the Code
of the Village of Tarrytown and/or with the Laws of the State of New
York for such relief and why it would be beneficial to the health,
safety and welfare of the residents of the Village of Tarrytown to
grant the requested relief taking into consideration the character
of the nearby neighborhood, the impact to nearby properties and the
effect or impact on the physical and environmental conditions of the
area.
[Added 6-18-2012 by L.L. No. 3-2012]
The Planning Board shall review the plan or
any amendment of it.
A.
In considering the approval of the site development
plan, the Planning Board should take into consideration the public
health, safety and general welfare and the comfort and convenience
of the public in general and the residents of the immediate neighborhood
in particular and shall make any appropriate conditions and safeguards
in harmony with the general purpose and intent of this chapter and
particularly in regard to achieving:
(1)
The maximum safety of traffic access, ingress
and egress.
(2)
A site layout (including the location, power,
direction and time of any outdoor lighting of the site) which would
have no adverse effect upon any properties in adjoining residence
districts by impairing the established character or the potential
use or properties in such districts.
(3)
The reasonable screening at all seasons of the
year of all playgrounds and parking and service areas from the view
of adjacent residential properties and streets.
(4)
Conformance of the proposed site development
plan with such portions of the Master Plan of the Village of Tarrytown
as may be in existence from time to time.
(5)
In applicable cases, a drainage system and layout
which would afford the best solution to any drainage problem.
(6)
The reduction to a minimum of the dissemination
of smoke, gas, fumes, dust, odor or other atmospheric pollutants or
toxic substances outside the building in which the use is conducted.
(7)
The control of noise perceptible beyond the
boundaries of the site of the use.
(8)
The prevention of the discharge of untreated
or insufficiently treated or toxic wastes into any watercourse.
(9)
The prevention of the dissemination of vibration,
heat or electromagnetic interference beyond the immediate site on
which the use is located.
(10)
The prevention of physical hazard by reason
of fire, explosion, radiation or any similar cause.
(11)
The regulation and control of the generation
and flow of vehicular traffic so as to help prevent hazardous conditions,
traffic congestion and excessive noise in the streets.
(12)
The prevention of objectionable glare from lighting
sources extending beyond the boundaries of the site in use.
B.
In applicable cases, a phased schedule for construction
and completion of each particular site plan approved, which schedule
shall not exceed four years from the date of the record of Planning
Board approval to the date of final phase review, shall be included
in any Planning Board approval. Said phased schedule shall be completed
prior to the issuance of a final certificate of occupancy. The Planning
Board may extend said completion period for up to one year, for a
total of five years, for good cause. The applicant shall be responsible
for obtaining the final site plan certificate of occupancy within
the time period authorized by the Planning Board. Should the schedule
for construction be exceeded and the deadline for completion passed,
the site plan approval shall be considered null and void, and any
building permits or temporary certificates of occupancy or partial
certificates of occupancy shall be revoked, notwithstanding that the
applicant or his successors shall have the right to reapply for site
plan approval.
C.
All elements of an approved site plan or other permit
approval, including landscaping, shall be maintained in a neat, healthy
and viable condition as a prerequisite of an approved and valid certificate
of occupancy.
D.
Grading plan.
(1)
All applications for new construction and additions,
whether or not in wetlands, steep slopes, hilltops or areas of high
ground, made to the Architectural Review Board, the Planning Board
and/or the Zoning Board of Appeals must include a grading plan. The
proposed grading plan must clearly indicate the grading of the site
to the building foundation, with measurements from the first-floor
elevation. The plan shall be incorporated by reference and made part
of any approval granted by the Architectural Review Board, Planning
Board and/or Zoning Board of Appeals.
(2)
The Planning Board shall ensure that the proposed
grading for new construction and landscaping respects the natural
contour of the subject terrain wherever possible. The following grading
standards shall apply to all grading of land subject to these regulations:
(a)
No manufactured slope shall exceed 30 feet in
height, except that slopes required for public streets may exceed
30 feet in height if no feasible alternative consistent with the findings
(Section 8177) exists.
(b)
Where grading is necessary, the principles of
contour grading should be employed.
(c)
Manufactured slopes should be rounded and shaped
to simulate the natural terrain.
(d)
Grading should follow the natural topographic
contours as much as possible.
(e)
Manufactured slopes should blend with naturally
occurring slopes at a radius compatible with the existing natural
terrain.
(f)
Grading on naturally occurring slopes of 20%
grade or more which have a vertical height of more than 30 feet shall
not occur unless such grading becomes necessary and is specifically
approved by the Planning Board or Board of Trustees after making the
appropriate findings. A detailed plan for slope stabilization shall
be submitted by the applicant.
(g)
No manufactured slope shall have a slope angle
steeper than two horizontal to one vertical (2:1). Shallower slope
angles may be required if detailed soils and geologic investigations
indicate such.
(h)
Manufactured slopes should be screened from
view under or behind buildings or by intervening landscaping or natural
topographic features.
(i)
At the time of formal application, a preliminary
grading plan shall be submitted detailing the extent and nature of
proposed grading. Such a plan should include, but not be limited to:
[1]
Preliminary cross sections detailing both the
original and proposed ground surfaces, with grades, slopes and elevations
noted.
[2]
A preliminary soil stabilization report, including
proposed final ground cover, landscaping and erosion control.
[3]
Erosion control measures to prevent soil loss
when grading is in process.
E.
Wetlands and steep slopes protection.
(1)
In the course of site plan review, the Planning
Board shall require the protection of wetlands and steep slopes. These
wetlands and steep-slope areas shall be excluded from use and development,
and, except in MU Zones, 50% of such wetlands and steep-slope area
shall be excluded from the calculation of development potential.
(2)
For the purposes of this section, steep slopes
shall be defined as those slopes which have an area with an average
slope equal to or greater than 25% with a minimum area of 200 square
feet and a minimum width perpendicular to the natural contour of 10
feet; however, both the Zoning Board of Appeals and the Planning Board
may waive from including within this definition of "steep slopes"
the following:
(a)
Utilization of an area, which would otherwise
be excluded pursuant to this section as a steep slope, for the limited
purpose of landscaping that does not change the contour of the steep
slopes or public safety.
F.
Tree replacement and maintenance policy.
(1)
The Village of Tarrytown wishes to preserve the large number of long-lived specimen trees on its developable land, where practicable. In accordance with the provisions of Chapter 281 of the Village Code, it is recommended, therefore, that the developers take every precaution toward the preservation of major existing trees, as well as to promote the maintenance of major open spaces which may enhance these trees. Every effort must be made to preserve existing trees and shrubs of unique value. If practical, plant material may be transplanted on site. All existing trees of unique value and those that are noted to be preserved and which may subsequently be lost as a result of site development and which were:
(a)
Of less than 10 inches' caliper may be required
to be replaced by one tree per two trees removed, at a minimum of
six feet in height.
(b)
Of 10 inches' caliper to 20 inches' caliper
may be required to be replaced at one tree per one removed, at a minimum
of nine feet 11 inches in height, 1 1/4 inches' caliper to 1 1/2
inches' caliper.
(c)
Of 20 inches' caliper to 30 inches' caliper
may be required to be replaced at one tree per one removed, at a minimum
of 13 feet to 15 feet in height, 2 1/2 inches' caliper to three
inches' caliper.
(d)
Of 30 inches' caliper or specimen quality may
be required to be replaced at one specimen tree of the same species
per one tree removed, minimum 16 feet in height, four inches' caliper
to 4 1/2 inches' caliper.
(2)
Tree Replacement Fund. In accordance with the provisions of Chapter 281 of the Village Code, the cost to the community of the removal of major existing trees or woodland should be reflected in an increased landscape development cost to the project. The total value of all major trees with a ten-inch caliper or greater that are to be removed will be an additional cost to the developer. These funds will be put toward upgrading the minimum required standard of plant materials or additional specimen tree plantings. If the site is fully landscaped to the satisfaction of the Planning Board, remaining tree replacement funds shall be used for providing street trees or specimen trees on public rights-of-way or other public land in the vicinity of the project.
G.
The following factors shall be considered in the review
of site development plans for buildings or facilities within view
of or affecting public views of the Hudson River:
(1)
The quality and extent of views from the adjacent public streets and other public areas through the property to the Hudson River. (See also Zoning Schedule, Column 4, Subsection P.[1])
[1]
Editor's Note: The schedule is included at the end of this chapter.
(2)
The design and relationship of development to the waterfront as viewed from the Hudson River. The riverfront facade of any building located on a waterfront parcel should be treated architecturally as a principal facade, and not as the back of the structure. The architectural treatment of the base of the riverside portion of the structure should enhance the appearance of the waterfront as viewed from the river to the extent possible. (See also Zoning Schedule, Column 4, Subsection P.)
(3)
The following treatments are discouraged on
the riverfront of waterfront parcels: blank or predominantly blank
walls with few or no doors or windows; utility doors and staircases;
truck docks; service drives; reflective glass at street level; parking;
storage; electrical or mechanical equipment; trash or garbage containers
or other building maintenance facilities or equipment; billboards
or freestanding commercial signs; ventilator exhausts; concrete road
barriers and utility guard rails. Such treatments shall be screened
with plantings, architecturally treated walls and other appropriate
means.
(4)
The design and function of any easement or other
access provided to the water's edge, including new bulkheading.
(5)
The eligibility of the proposed development to utilize any of the development incentives set forth in § 305-125.
(6)
The adequacy of landscaping, screening and buffering,
as follows:
(a)
All sidewalk, open spaces, parking areas, boat
storage areas and other similar service areas shall be landscaped
and/or paved in a manner which will harmonize with proposed buildings.
Materials for paving, walls, fences, curbs, benches and other street
furniture will be attractive, durable, easily maintained and compatible
with the exterior of adjacent buildings.
(b)
Structures and outdoor activities (including
outdoor eating areas) will be reasonably screened from adjacent properties.
Landscaping and buffer zones will be provided to reduce noise, dust
and visibility. The Planning Board may require buffer landscaping,
fencing or screening to separate different types of land uses and
outdoor activities and to screen utility buildings, refuse collection
areas, cooling systems and other similar installations and features
from adjacent properties, roadways and pedestrian walkways.
(c)
Landscape materials selected shall be native
species appropriate to the growing conditions of the environment of
the waterfront area and this climatic zone. Vegetation should be planted
in the ground rather than in aboveground planters to provide adequate
root space and to avoid exposure to freezing winds. All plants, trees
and shrubs shall be installed in accordance with a planting schedule
provided by the developer and approved by the Planning Board.
(7)
Parking.
(a)
Freestanding parking structures and surface
parking lots should not be built adjacent to the river.
(b)
Parking structures integrated into a larger
building should not be located adjacent to a river walkway or esplanade.
Integrated parking structures adjacent to the river should be designed
in conformance with the guidelines below:
[1]
Floors adjacent to river walkways should be
devoted to retail or other active uses, except for ingress and egress
ramps. No portion of any floor adjacent to a river walkway should
be used for parking.
[2]
The river facade (at least) should be finished
with quality materials and given an attractive architectural treatment.
[3]
Vehicular access to the structure should have
minimal impact on pedestrian circulation.
[4]
Ramping (sloping) floors, unfinished structural
elements, lights or mechanical appurtenances should not be visible
from public streets or public places.
[5]
Vehicles parked within the structure should
be screened so that they are not visible from any portion of the exterior.
(c)
Alternative methods of meeting off-street requirements.
[1]
The WGBD Zoning District encourages a mix of
land uses which have different peak operating hours and days, wherein
the cumulative parking demand may be less than the sum of the peak
demand values for each individual land use. In addition, the WGBD
Zone is in close proximity to the large Metro-North parking lot, which
has periods (i.e., evenings and weekends) when excess public parking
is normally available. This may make it possible to share parking
without conflict and to avoid a large surplus of parking spaces in
the waterfront area. Also, because of the special nature of land along
the waterfront, and because of the anticipated mix of land uses, other
alternative parking solutions such as parking incorporated into buildings,
valet parking and off-site parking may, in certain situations, also
be appropriate.
[2]
The Planning Board shall be authorized to find
that any portion of the off-street parking requirements of a development
proposed in the WGBD have been satisfied when the applicant establishes
to the Board's satisfaction that alternative solutions are appropriate
and will provide adequate parking for the WGBD site and, if applicable,
any other site involved in a shared parking plan. If an applicant
wishes to use alternative parking methods, the applicant must submit
a complete analysis to the Planning Board for review. This analysis
must include estimates of peak parking demand for different land uses
for different hours of the day and days of the week. It would also
define strategies intended to incorporate alternative parking methods
and the advantages of such strategies.
[3]
Alternative parking methods include the following:
[a]
Parking shared among various uses
on site.
[b]
Provision of a portion of the total
parking requirement off site, where appropriate arrangements for such
shared parking can be made.
[c]
Provision for parking to be incorporated
within buildings.
[d]
Valet parking.
[e]
Such other methods as the Planning
Board deems appropriate.
H.
In the WGBD and WD Districts, the following standards
shall apply to all new marina projects and yacht or boat club ("club")
proposals as well as projects for expansion of existing marinas or
clubs:
(1)
To the extent feasible, marina or club basins
shall be designed for maximum tidal flushing and circulation due to
river currents and the action of wind while maintaining safe levels
of wave action within the protected basin. Minimum design criteria
to promote flushing include:
(2)
Marinas and clubs shall be designed and laid
out such that minimal and subsequent maintenance dredging will be
required. Such physical attributes include natural depths at or exceeding
minimal navigable depths, low rates of sediment transport and sufficient
tidal action to promote flushing. Dredging shall be limited to the
minimum dimensions necessary for the project.
(3)
Applicants must demonstrate that there is an
adequate water supply to serve all of the project's needs.
(4)
Signs which identify the location of public
rest rooms and of pumpout facilities shall be situated in visible
locations.
(5)
New marina or club projects must incorporate
best management practices in their design, including but not limited
to the following:
(a)
Maximize pervious land surface and vegetative
cover to minimize stormwater runoff and to prevent polluted waters
from reaching adjacent waters and wetlands; direct runoff away from
adjacent waters and wetlands to the extent feasible by site grading
or other methods.
(b)
Runoff from parking lots, maintenance, fueling
and wash-down areas must be treated in a manner that prevents oils,
grease and detergents from reaching adjacent waters and wetlands.
Accepted treatment methods include oil and grease filtering catch
basins, retention areas and exfiltration systems.
(6)
Trash receptacles shall be properly sited to
encourage the proper disposal of trash and waste.
I.
In the WGBD District, the following standards shall
apply to all new hotels proposals:
(1)
A hotel shall not be less than two stories in
height, with 17 or more sleeping accommodations and accommodations
for meals within the principal structure.
(2)
The design, scale and appearance of units, structures
and the entire facility shall be compatible with present and potential
uses of adjacent properties and structures, and with the character
of the district.
(3)
The proposed facility must be configured so
as to prevent traffic congestion on adjacent and nearby public streets
or highways.
(4)
Outdoor lighting shall be contained on the site
and shielded to assure that lighting is not visible from neighboring
lots.
J.
In the WGBD District, the following standards shall
apply to all restaurants:
(1)
Outdoor lighting shall be contained on the site
and shielded to assure that lighting is not visible from neighboring
lots.
(2)
Provision for safe and sanitary storage and
disposal of solid waste and process waste shall be shown and/or described
in the site plan. Dumpsters and garbage disposal containers shall
not be located on the waterward side of the building. The disposal
systems shall be sufficient to safely and adequately handle the type
and volume of refuse which can reasonably be expected to be generated
by the land uses on site. Waste containers shall be effectively screened
from public view and view from adjacent properties.
(3)
Seasonal outdoor dining may be permitted in
an outdoor area by an existing eating and drinking establishment.
Seasonal outdoor dining will be permitted only for the period beginning
April 1 of each year to March 31 of the following year.
[Amended 3-7-2022 by L.L. No. 3-2022]
(4)
Outdoor dining areas must be located in such
a fashion so that neither pedestrian walkways nor neighboring views
are obstructed.
K.
Recognizing that rainfall becomes polluted with oil,
greases, organic and inorganic wastes and other potentially harmful
substances, it is the intent of the Village of Tarrytown to limit,
to the extent feasible, the introduction of these contaminants into
the waters surrounding the Village. New parking areas in the WGBD
and the WD Districts shall be encouraged, where appropriate to the
type and extent of vehicular use anticipated, to utilize porous pavements
or other approved measures to reduce runoff. New development projects
in the WGBD and WD Districts must incorporate best management practices
in their design, including but not limited to the following:
(1)
Maximize pervious land surface and vegetative
cover to minimize stormwater runoff and to prevent polluted waters
from reaching adjacent waters and wetlands; direct runoff away from
adjacent waters and wetlands to the extent feasible by site grading
or other methods.
(2)
Treat runoff from parking lots and other areas
in a manner that prevents oils, grease and detergents from reaching
adjacent waters and wetlands.
L.
Recreational facilities. It shall be a condition of
development plan approval, pursuant to New York State Village Law
§§ 7-725-a, Subdivision 6(a), (b), (c) and (d), and
7-730, Subdivision 4(a), (b) and (c), that the applicant provide for
recreational facilities.
Upon findings by the Planning Board that, due
to special conditions peculiar to a site, certain of the information
normally required as part of the site plan is inappropriate or unnecessary
or that strict compliance with said requirements may cause extraordinary
and unnecessary hardships, the Board may vary or waive the provision
of such information, provided that such variance or waiver will not
have detrimental effects on the public health, safety or general welfare
or have the effect of nullifying the intent and purpose of the site
plan submission, Official Map, Master Plan or this chapter.
Any person aggrieved by any decision of the
Planning Board or any officer, department, board or bureau of the
Village may apply to the Supreme Court for review by a proceeding
under Article 78 of the Civil Practice Law and Rules.
A.
It shall be a requirement of Planning Board consideration
of any site plan, amendment to a site plan, subdivision and any inspections
conducted by the Code Enforcement Officer in the course of his prescribed
duties that a fee be paid to the Village Clerk upon the filing of
the application for review in an amount and manner as established
by the Board of Trustees.
B.
Review services. The Planning Board, in review of any application for a site plan, compatible use permit and/or subdivision or amendment to a site plan, compatible use permit and/or subdivision, may refer such application to a planner, attorney, engineer, landscape architect, environmental expert or other professional as the Planning Board shall deem reasonably necessary to enable it to review such application as required by law. Fees charged by such professionals shall be in accord with fees usually charged for such services in the Metropolitan New York region and shall be no more than the fee charged to the Village for similar services. All such charges shall be paid by the Village. The applicant shall reimburse the Village for the cost of such professional review services, including the fees for the attorney assigned to represent the Planning Board, from the escrow account established in accordance with § 305-138C, upon submission of an invoice from the Village. All invoices for fees charged to applicants by consultants shall be reviewed and approved by the Village Administrator as to reasonableness before payment by the Village, and the applicant shall be provided with copies of the invoices charged against the escrow deposit. In the event an applicant believes that the charges invoiced are excessive, the applicant may file a written protest to the Village Board, within 15 days of receipt of the invoice, questioning such invoice, and the Village Board shall review the protest by the applicant and provide the applicant with a written response within 45 days of receipt of the protest. No certificate of occupancy shall be issued for the subject property until all review costs have been paid to the Village. The payment of such fees shall be required in addition to any and all other fees required by this or any other section of this chapter or any other local law.
[Amended 7-20-2015 by L.L. No. 3-2015]
C.
Escrow accounts. At the time of submission of any
application before the Planning Board, an initial escrow of $2,500
shall be established with the application. The applicant shall then
provide any additional funds to the Village for deposit into such
account in the amount to be determined by the Planning Board based
on its evaluation of the nature and complexity of the application.
When the balance in such escrow account is reduced to 1/2 of the initial
escrow amount or the amount established by the Planning Board, whichever
is higher, the applicant shall deposit additional funds into such
account to bring its balance up to the amount of the initial deposit.
If such account is not replenished within 30 days after the applicant
is notified, in writing, of the requirement for such additional deposit,
the Planning Board may suspend its review of the application. A building
permit or certificate of occupancy shall not be issued unless all
professional fees charged in connection with the applicant's project
have been reimbursed to the Village. After all pertinent charges have
been paid, the Village shall refund to the applicant any funds remaining
on deposit.
[Amended 7-20-2015 by L.L. No. 3-2015]
D.
Inspection fees.
(1)
In addition, inspection fees shall be required
for the services of any and all Village employees and/or consultants
and/or independent contractors for the inspection of any one or more
of the following:
(2)
Such fees are to be in the sum of 6% of the
cost of improvements, work and/or facilities inspected, such cost
to be fixed by the Building Inspector after consultation with the
Village Engineer or consulting engineer, the consulting landscape
architect and any other necessary consultant. Fees must be paid prior
to signing of the subdivision map or the issuance of a building permit.
E.
Recreation fees.
(1)
All development subject to site plan review and approval pursuant to Article XVI may be conditioned upon the payment of a recreation fee contribution to a Village Recreation Fund which may be established by the Board of Trustees pursuant to New York State Village Law § 7-725-a, Subdivision 6(a), (b), (c) and (d).
(3)
The fee to be placed in a recreation fund shall
be established by the Board of Trustees and shall be increased annually
based upon the CPI as of January 1 of each calendar year. The fee
shall be paid on a per-lot or per-unit basis, whichever is greater.
The Building Department shall be responsible for increasing the fee
per the CPI and shall maintain a spreadsheet with the recreation fees
going forward.
[Amended 12-3-2012 by L.L. No. 10-2012]
(4)
The fee due for the entire subdivision shall be paid prior to
the Chair of the Planning Board signing the subdivision plat.
[Added 12-3-2012 by L.L. No. 10-2012]
F.
Enforcement of violations and payment of outstanding
fees. No permits, variances, licenses, subdivision, site plan, or
other approvals or authorizations shall be issued, no informal conference,
preliminary review or other procedure in relation thereto shall be
conducted by the Village Board, the Planning Board, Architectural
Review Board, Zoning Board of Appeals, the Building Inspector or any
other board, commission or agency of the Village unless and until:
(1)
All outstanding code violations chargeable to
the owner, possessor, contractor, contract vendee or applicant, together
with all penalties thereon, shall have been paid or resolved; and
(2)
All outstanding fees, including but not limited
to inspection, consultant and recreation fees, due the Village from
the owner, possessor, contractor, contract vendee or applicant are
paid.
All plans approved by the Planning Board shall
be constructed, developed and maintained in accordance with the plans
approved. If, after approval, it is necessary to modify or amend an
approved plan, it shall be resubmitted to the Planning Board for approval
prior to the issuance of a certificate of occupancy. For any approved
site plan, the applicant shall submit a copy of an as-built plan of
the development certified to by a professional engineer to be filed
in the records of the Planning Board and the Village Building Inspector.
In general, a certificate of occupancy shall
not be issued by the Code Enforcement Officer until all improvements
have been completed on a particular site plan. However, in phased
development or in other instances where the Planning Board desires
to assure ultimate completion of future improvements, the Planning
Board may require and establish a bonding procedure pursuant or similar
to § 7-730 of the Village Law. Said bonding procedure shall
be applicable to all elements of the site plan considered by the Planning
Board to be integral to the principal use of the site, such as but
not limited to utilities, streets, sidewalks, parking, access, lighting
and landscaping, and similarly, the establishment of maintenance bonding
to ensure adequacy of performance.
The Planning Board shall fix a time within 45
days from the day an application for site plan approval is made for
the hearing of any matter referred to under this section and shall
give public notice thereof by the publication in the official newspaper
of such hearing at least 10 days prior to the date thereof and shall
decide the same within 45 days after such hearing; provided, however,
that the time within which the Planning Board must render its decision
may be extended by mutual consent of the applicant and the Planning
Board. The decision of the Planning Board shall immediately be filed
in the office of the Village Clerk.
A.
All applicants, at least 10 days prior to the public
hearing, shall send written notice by certified mail, return receipt
requested, to all owners within 100 feet of the property and to any
other such persons as the applicable board may deem necessary, all
at the expense of the applicant. Property owners entitled to notice
shall be those listed as owners on the record in the Village of Tarrytown
Tax Assessor's office as of the date of mailing. The written notice
shall contain information equal to the notice published in the newspaper,
and proof of mailing receipts must be furnished prior to the public
hearing.
B.
Any person making an application is further required
to erect a sign facing each public street on which the property abuts,
giving notice that such application has been made and that a public
hearing will be held. Such signs shall be obtained from the Building
Inspector. Signs are to be displayed for a period of not less than
10 days immediately preceding the hearing date or any adjourned hearing
date. The sign shall not be set back more than 10 feet from any property
or street line and shall not be less than two feet nor more than six
feet above the grade at the property line. Said sign shall be affixed
to a suitable frame which will assure visibility from the street at
all times.
C.
At the commencement of the public hearing, the applicant
is required to file an affidavit which states that the aforementioned
public notice requirements have been complied with.
(1)
The affidavit shall provide the name of the
applicant and the location of the property and must state the following:
(a)
That he/she has read and is fully familiar with the requirements with § 305-111 of the Tarrytown Zoning Code and that in accordance therewith he/she has caused written notice to be sent by certified mail, return receipt requested, to all interested parties as directed in the code and has caused a sign which complies with requirements of the applicable section of the aforesaid Zoning Code to be prominently displayed on the subject property in the required manner, giving notice to the public of the pending application, the date, time and place of the public hearing.
(b)
That the said sign has been continually displayed
on the property for a period of 10 days immediately preceding the
public hearing date.
(c)
That he/she makes this affidavit knowing that
it shall be relied upon by the appropriate officials as proof of compliance
with the requirements of the Zoning Code of the Village of Tarrytown.
(2)
The applicable board shall not proceed with
the applicant's hearing unless the aforementioned affidavit has been
filed.
A.
In its deliberations on site plans and other matters
within its jurisdiction and responsibilities, the Planning Board shall
be guided by this section in general but shall not be bound by any
specific provisions herein.
B.
The Planning Board may hold a public hearing, if deemed
appropriate, in the same manner required under the law for the approval
of subdivision plats and may approve or recommend the approval of
a site plan as may be required herein, provided that it shall find
to its satisfaction that all of the applicable conditions and standards
enumerated in this section regarding the environmental, functional,
aesthetic and socioeconomic impact of the proposed development have
been met.
C.
In acting on any proposed site plan, the Planning
Board shall take into consideration the requirements of this chapter
of the Village of Tarrytown, New York, the Village Comprehensive Plan
and the Official Map, as they may exist. The Planning Board shall
submit the proposed site plan to the Architectural Review Board for
comments and suggested revisions within five days of receipt of a
complete application, as defined by the Planning Board. The Planning
Board shall also consider the comments and recommendations of all
agencies to which referral is mandated by law or made by Planning
Board choice. The Planning Board and the applicant shall be guided
by the following site plan design and development principles and standards
in approving, approving with conditions or denying approval of a site
development plan for good cause:
(1)
The site in general.
(a)
The proposed location of main and accessory
buildings on the site and their relation to one another; traffic circulation
within the site; height and bulk of buildings; provision of utilities,
such as water, sewer, power and telephone; disposition or disposal
of solid and fluid wastes; provision of off-street parking space;
provision of buffer areas and other open spaces on the site; and display
of signs and external lighting shall be such that any development
will adequately handle pedestrian and vehicular traffic within the
site and in relation to the street system adjoining and will harmoniously
and satisfactorily fit in with contiguous land and buildings and adjacent
neighborhoods. Attention shall be paid to the preservation of historic
artifacts. In addition, with the assistance of the Village Engineer
or consultant, as may be desired, the Planning Board shall consider
the factors of drainage, road alignment and other engineering aspects
of such site plan.
(b)
The location and size of the use, the nature
and intensity of the operations involved in or conducted in connection
with it, the size of the site in relation to it and the location of
the site with respect to streets giving access to it shall be such
that it will be in harmony with the appropriate and orderly development
of the district in which it is located.
(2)
Visual characteristics.
(a)
Buildings or structures which are a part of
a present or future group or complex should have a unity of character
and design. The relationship of forms and the use, texture and color
of material should be such as to create a harmonious whole. When the
area involved forms an integral part of, is immediately adjacent to
or otherwise clearly affects the future of any established section
of the Village, the design scale and location of the site should enhance
rather than detract from the character, value and attractiveness of
the surroundings. Buildings or structures should be designed, located
and constructed so as to achieve visual harmony with the surroundings.
(b)
All exterior walls visible to public or adjacent
property should be designed to create a harmonious whole. Materials
should express their function clearly and should not appear as a material
foreign to the rest of the buildings. It is not to be inferred that
buildings must look alike or be of the same style to be harmonious.
Harmony can be achieved through the proper consideration of scale,
proportions, site planning, landscaping, materials and color. Buildings
which are symbolic in design for reasons of advertising and buildings
which are not compatible with the atmosphere of the Village will not
be allowed. Symbols attached to buildings will not be allowed unless
they are secondary in appearance to the building and are an aesthetic
asset to the building project and neighborhood.
(c)
Exterior lighting may be used to illuminate
a building and its grounds for safety purposes but in an aesthetic
manner. Lighting is not to be used as a form of advertising in a manner
that is not compatible to the neighborhood or in a manner that draws
considerably more attention to the building or grounds at night than
in the day or that violates any section of this chapter. Lighting
following the form of the building or part of the building will not
be allowed if the overall effect will be garish or detrimental to
the environment. All fixtures used in exterior lighting are to be
selected for functional and aesthetic value.
(d)
Drive-in windows; retail or wholesale establishments.
[1]
Drive-in, takeout or pickup windows or retail
or wholesale establishments should not be located on an exterior building
wall that faces a public right-of-way and should be designed in such
a manner as to be an aesthetic asset to the building and neighborhood.
[2]
All exterior forms, whether or not attached
to buildings, should be in conformity with and secondary to the building.
Aesthetically, they should be designed as an asset to the site and
to the neighborhood.
[3]
Service should be confined to a space built
into the building or buildings or enclosed in a separate structure
compatible with the main building.
(e)
No advertising will normally be allowed on any
exposed amenity or facility, such as benches and trash containers
or telephone booths.
(3)
Landscaping and planting plans. Each proposed
site development plan shall be reviewed for landscape and screening
design and planting to determine such matters as compatibility of
all trees, shrubs, ground cover, walls and fences, mounding, paths,
lighting, etc., with the natural topography and site characteristics
of the project.
(a)
Emphasis will be placed upon landscaping as
a means of achieving proper function, safety, beauty, guidance and
convenience in the community. The location, nature and height of walls
and fences and the nature and extent of the landscaping on the site
should be such that the use will not hinder or discourage the appropriate
development and use of adjacent land and buildings.
(b)
Landscaping design and planning should be integrated
with the overall site design and should not be considered as an afterthought.
Proposed landscape design schemes will be evaluated in their relationship
to the existing natural landscape, developed and other proposed landscape,
including that on adjacent properties.
(c)
The existing natural landscape character should
be preserved whenever and wherever possible. For example, in an area
containing a stand of trees, the developer should preserve as many
of the healthy trees as possible and further landscape in a complementary
manner rather than destroy the existing trees and replant with a type
of plant material foreign to the local natural environment. Landscaping
includes not only the design and installation of plant material but
also paving, benches, fountains, exterior lighting fixtures, fences
and other items of outdoor furniture serving the pedestrian. The design
of these items should complement the total design of the space.
(d)
Some of the uses of landscaping may be to screen,
to buffer, to accentuate boundaries or edges and to mask out or conceal
an objectionable area. The achievement of this is left to the designer,
whether by walls, fences, mounds of earth or vegetation. Screening
shall be employed to mask from the public view or adjacent properties
such service areas as trash and garbage areas, outside equipment of
an unaesthetic character and accessory buildings or areas not enhancing
or in keeping with the aesthetics of the project or neighborhood.
Landscaping shall be designed in such a manner as to impart its aesthetic
character when viewed from an area accessible to the public or from
adjacent properties.
(e)
All landscaping and plantings designated on
the plans shall be of a specified height before a certificate of occupancy
is issued. Details and specifications shall be provided for all facets
of the landscape project, including but not limited to planting, soil
preparation, tree staking and guying, separation of different types
of planting areas and installation details.
(f)
The following guidelines represent the general
types of landscape and screening design elements to be considered
in site plan review. Projects may include other criteria not specifically
mentioned here in lieu of certain requirements, as deemed appropriate
by the Planning Board.
[1]
Landscaping materials should be utilized to
provide home privacy and also to screen trash and storage areas.
[2]
Landscaping techniques, planting and building
materials should be used to enhance the quality of the site and architecture.
[3]
Fences, hedges, walls, etc., should be compatible
with and enhance the architectural design of the development.
[4]
Earthen berms should be placed to delineate
the use of spaces, to provide privacy, to reduce noise, to control
wind, to mitigate flooding, to frame views, etc.
[5]
Tree planting should be planned with consideration
toward anticipated mature growth and impact on winter solar access,
summer shading and prevailing seasonal winds.
[6]
Mixed evergreen/deciduous/flowering tree buffers
should be used for screening adjacent streets and enhancing site quality.
[7]
Grouped parking areas should be landscaped to
provide shading and visual screening from streets and buildings (minimum,
one shade tree per 12 car spaces).
[8]
Lighting sources should be screened to minimize
light spillover from one property to its neighbor.
[9]
Stabilization of slopes should be promoted by
landscaping techniques which prevent slope erosion, such as planting
deep-rooted shrubs and trees at cut and fill slopes.
[10]
Drought-resistant plants should
be utilized where appropriate.
[11]
Planting plans should reflect
the following:
[a]
All raised planting areas and berms
should be defined with top elevation and minimum one-foot contours
shown, also top and toe of slopes, lawn and ground cover areas and
finish grades for all planting areas.
[b]
Plant materials should be capable
of healthy growth in their specific location and should be capable
of producing their desired effect in a reasonable amount of time.
All plant material shall be shown to scale. Plant placement should
not interfere with driver and pedestrian sight distance or lighting
requirements. The planting design shall be in compliance with specific
conditions of approval. In this regard, a soil test by an independent
laboratory may be required.
[c]
Soil preparation and planting practices
should be capable of providing for positive establishment and continued
healthy growth of all plantings.
[d]
Curbed planting areas containing
trees and shrubs should be located at intervals throughout parking
and other paved areas.
[e]
The size of planting areas should
be adequate for root development and maintenance.
[f]
Street tree planting must conform
to Village street trees in the surrounding area and the Village Street
Tree Plan.
[12]
Landscape plant materials minimum
standards guidelines.
[a]
Plants at planting time should
be of a mix of the following sizes, unless otherwise approved:
[i]
Trees: five feet six inches in
height, one-inch caliper minimum to specimen quality (i.e., 14 feet
to 16 feet in height, 3 1/2 inches' caliper), or greater.
[ii]
Shrubs: one gallon (15 inches
to 18 inches in height), minimum of three feet to four feet in height,
or greater.
[iii]
Vines: minimum of two canes,
15 inches in length.
[b]
There shall be a minimum of one
tree per 1,000 square feet of all nonbuilding or paved areas. The
minimum inside width of any required landscape area should be three
feet.
[c]
Street trees should be planted
three feet from the face of the curb, 40 feet minimum on center, 60
feet maximum on center. Street tree minimum distances shall be:
[d]
There shall be a minimum of one
site tree per dwelling unit and a minimum of one tree at the end of
each building.
[e]
Deciduous shade trees at a maximum
of 50 feet on center are to be placed on the south to west side of
buildings to provide a continuous shade line. These shall be placed
at a maximum of 30 feet from the building (where there are no existing
trees).
[f]
Foundation shrub plantings at entries,
patios, utility closets and expanses of wall over 10 feet long should
be planted a maximum of three feet on center, in natural clusters
or groupings. Minor plants, such as ferns and perennials, may be included.
[g]
All cut and fill areas should be
replanted. Recommendations include seeding with grass or a grass/wildflower
mix and planting with a mix of four- to six-foot trees at an average
of 10 feet on center and with eighteen- to twenty-four-inch shrubs
three feet on center in natural clusters or groupings. Evergreen and
deciduous native-type plant materials with floral accents may be used.
[h]
Newly planted trees shall be monitored
as to their health and viability for at least a year, through a complete
growing season, and shall be replaced as necessary if found by the
Tree Preservation Committee (the Planning Board) to be warranted.
[13]
Off-street parking area guidelines.
[a]
Parking areas should be of adequate size for the particular use. Specific parking standards are established in § 305-63.
[b]
Parking areas should be designed
as an aesthetic as well as functional asset to a neighborhood and
to the building, group of buildings or facility they serve. A parking
area shall be considered as an exterior space and shall be designed
as such.
[c]
Parking areas and their parked
automobiles shall be appropriately screened from the public view and
from adjacent property and in a manner that is attractive and compatible
with safety, the neighborhood and the facilities served.
[d]
Raised planting islands at least
eight feet in width and 18 feet in length shall be provided within
parking areas for each 10 parking spaces and shall contain plant material
including grass, ground covers, plants, shrubbery and trees. Such
planting islands shall be so designed to provide vertical definition
to major traffic circulation aisles, entrances and exits; to channel
internal traffic flow and prevent indiscriminate diagonal movement
of vehicles; and to provide relief from the visual monotony and shadeless
expanse of a large parking area. Curbs of such islands shall be designed
so as to facilitate surface drainage and prevent vehicles from overlapping
sidewalks and damaging landscaping materials.
[e]
Lighting of the parking area shall
be designed not only from the standpoint of safety and vandalism but
for visual effect. It should not create an annoyance to the neighbors.
Low lights can be used along with feature lighting emphasizing plants,
trees, barriers, entrances, exits, etc. The fixtures should be selected
not only for their functional value but for their aesthetic qualities.
(4)
Additional considerations. The Planning Board
may recommend additional design or aesthetic conditions and safeguards
to the site plan as are necessary to assure minimum adverse impact
and continual conformance to all applicable standards and requirements
such that operation of the use thereon will not be objectionable to
nearby properties by reason of noise, fumes, vibration, electromagnetic
radiation, flashing of lights and similar nuisance conditions.
D.
Planning Board action. Based in part on its review and utilization of the above guidelines, the Planning Board shall take action and may approve, approve with conditions or deny a proposed site development plan for reasons of good cause and in the best interest of the Village. Such action shall be in written form and may include increases or decreases in one or more of the specific standards listed in Columns 2 through 20 of the schedule controlling land and buildings, as noted in § 305-11,[1] or in any other development standard expressed or interpreted
by the Planning Board as being expressed in any other section of this
chapter.
[1]
Editor's Note: The schedule is included at the end of this chapter.
A.
All site plan and subdivision applications approved
prior to 1981 and for which grading or building permits have not been
requested or granted shall become null and void upon adoption of this
provision.
B.
All site plan and subdivision approvals shall become
null and void unless building permits are secured within two years
after the date of approval unless a greater time is granted by the
Planning Board at the time of the approval.
In all cases where any amendment of any site
development plan is proposed, the applicant shall secure the approval
of the amendment by the Planning Board.
