[L.L. No. 1-2005, § 1; L.L.
No. 3-2002, § 3; L.L. No. 1-2006, Art. 4; L.L. No. 2-2007, Art.
4; L.L. No. 1-2013, § 3]
7-1.1.
Site Plan Approval. No building permit shall be issued for a structure,
no structure or use shall be established and no site shall be changed,
other than a one-family or two-family dwelling and its permitted accessory
structures and uses, unless it is in conformity with a site plan approved
by the Planning Board in accordance with this section. No certificate
of occupancy for such structure or use shall be issued until all the
requirements of such approval and any conditions attached thereto
have been met. The continued validity of any certificate of occupancy
shall be subject to continued conformance with such approved site
plan and conditions. Revisions of approved site plans shall be subject
to the same approval procedure.
7-1.2.
One-Family and Two-Family Dwellings.
Minor site plan review shall be required for one-family and two-family
dwellings if the applicant proposes to construct and/or erect a one-family
or two-family dwelling, which includes the razing of an existing one-family
or two-family dwelling followed by the reconstruction of the same.
Minor site plan review shall be the jurisdiction of the Building Department.
The Building Department shall respond with review comments to an applicant
for minor site plan review within 30 days of receiving such application.
If no decision is made within 30 days, the applicant may apply directly
to the Planning Board. Any applicant who wishes to appeal a decision
of the Building Department may apply for site plan approval by the
Planning Board. An applicant for minor site plan review shall be required
to comply with all of the provisions and sections of this article;
however he or she shall not be required to submit the following items
in connection with a minor site plan review application, unless the
Planning Board deems any or all of the following enumerated items
necessary to such review:
1.
Information on off-site utilities:
2.
Driveway profiles unless the Building Department cannot readily determine
slopes;
3.
Calculations of storm drain loads;
4.
Landscape plan; and
5.
Cut and fill quantities.
|
Minor site plan review does not require architectural review.
| |
|
Renovations, additions, alterations and/or modifications to
a one-family dwelling or two-family dwelling shall be reviewed by
the Building Department as part of the application for a building
permit.
|
7-1.3.
Application. A site plan shall demonstrate that the standards of
§ 7-1.5 can be met and shall include at least the following
information; provided, however, that the Planning Board Chairperson
may waive such requirements as he/she deems to be not pertinent or
necessary:
(b)
Legal Data.
1.
Name and address of applicant and authorization of owner if different
from applicant.
2.
Copy of title insurance policy.
3.
Section, block and lot numbers of the property taken from the official
tax records.
4.
Name, address, signature and seal of the professional preparing the
site plan.
5.
Title of the development, date prepared and date of revision, if
any.
6.
North arrow, scale and location map drawn to a scale of not less
than one inch equals 800 feet.
7.
Boundary lines, including metes and bounds thereof, cross referenced
to the surveyor's map from which taken.
8.
The location of all adjoining properties and the owners, sections,
block and lot numbers of those properties as shown on the official
tax records.
9.
Description of all existing and proposed deed restrictions or covenants
applying to the property filed in favor of the Village and the Town
of Eastchester.
10.
Existing zoning of the property and all adjoining properties.
11.
Analysis of conformity to applicable standards, including any
variances required.
(c)
Natural Features.
1.
Topographic data at a minimum contour interval of one foot, showing
existing and proposed contours, extended at least 10 feet into adjoining
properties.
2.
Surface features, such as the location of rock outcrops.
3.
Vegetative cover, including the location of existing wooded areas,
significant individual trees and trees on adjacent Village property.
4.
The location of all existing watercourses, waterbodies, intermittent
streams, wetland areas and springs.
5.
Boundaries of any area subject to flooding or stormwater overflows,
including flood hazard areas as established by the Federal Emergency
Management Agency.
(d)
Existing Structures and Utilities.
1.
Location of all structures on the premises, with distances at right
angles to all property lines and approximate location of all neighboring
structures within 100 feet of all lot lines of the premises.
2.
Location of all existing adjacent public and private streets, ways
and roads, paved areas and sidewalks. The names and existing widths
of adjacent streets.
3.
Locations, dimensions, grades and flow direction of existing sewers,
culverts, waterlines and other underground utilities within the property,
to the extent known or relevant; location of all utilities in the
adjacent street and connections to structures on the premises.
4.
Fences, landscaping and screening.
(e)
Proposed Development.
1.
The location and dimensions (length, width, floor elevations and
height in feet and in stories) of proposed structures, with a detailed
breakdown of all proposed floor space by type of use and floor level.
2.
Architectural plans showing at least exterior elevations and materials
to be used.
3.
The location, width and finished grades of proposed public and private
streets, ways, roads and sidewalks, including pavement type and profiles.
4.
The location, layout, finished grade, pavement specifications and
curbing proposed for parking lots and loading spaces, including access
drives.
5.
Driveway profiles from the center line of the street to the garage
floor or parking lot. Indicate slopes by percent of grade. Elevations
at center line of street, top of curb and at the lot line must also
be indicated on the profile. Where there is no curb, the curb elevation
is assumed to be equal to the elevation at the center line of the
street and should be so indicated.
6.
The location, design and proposed screening of outdoor storage areas,
including proposed provisions for refuse storage and collection.
7.
The location, size and design of all proposed water supply, sanitary
sewage, valves and hydrants and other utility facilities, with profiles.
8.
Stormwater drainage systems with details of catch basins, dry wells,
retention basins and other related facilities. Calculation for expected
storm drain loads and stormwater runoff pattern to be accommodated
by the proposed drainage system, to be included based on zero increase
in rate of discharge from the site regulated for storms up to fifty-year
return probability.
9.
Landscaping plan, to include type, size, quantity and location of
plants and other landscaping materials to be used, with English and
Latin names. Included in the plan shall be an indication of all existing
vegetation to be retained and the methods to be used to protect such
vegetation during the course of construction.
10.
Type, location, design, shielding and hours of operation of
exterior lighting.
11.
Location, type, size, design, color and illumination of all
signs.
12.
Estimate of the quantity of any material to be imported to or
removed from the site.
13.
Description of measures planned to assure proper erosion and
sedimentation control both during and after construction.
14.
Top and bottom elevations of retaining walls, together with
typical sections of such wall, and fencing or other safety features.
(f)
Stormwater pollution prevention plan. A stormwater pollution prevention plan consistent with the requirements of Chapter 7B, Erosion and Sediment Control, §§ 7B-1 through 7B-5, and Article XII, Stormwater Control, of this chapter, shall be required to be submitted with the application for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Article XII of this chapter. The approved site plan shall be consistent with the provisions of Chapter 7B, Erosion and Sediment Control, and Article XII of this chapter.
7-1.4.
Review Procedure.
(a)
Application. Applicants may submit a preliminary, informal application
and discuss it with the Planning Board prior to formal submission
of a complete and detailed site plan application. Formal and informal
applications for site plan approval shall be submitted to the Building
inspector and to the individual members of the Planning Board. An
application shall be considered officially submitted and received
when found by the Planning Board at a meeting to be complete.
(b)
Review by Other Agencies. The Planning Board may forward copies for
review and report to such officials and agencies of the Village as
it deems appropriate. All agencies shall have 30 days from the date
of forwarding to submit a report. Such time limit may be extended
by mutual agreement with the applicant, but any such extension shall
apply equally to the time limits of § 7-1.4(c). The Planning
Board shall, in addition and where required, forward copies to the
Westchester County Planning Board and the Clerk of any abutting municipality,
in accordance with § 239-m of the General Municipal Law
or §§ 277.61 and 277.71 of the Westchester County Administrative
Code.
(c)
Action. Within 60 days of receipt of a completed application, the
Planning Board shall hold a public hearing unless the Planning Board
has determined that a public hearing is not required or unless the
time limit is extended by mutual agreement with the applicant. A completed
application is one that has received any necessary variances or special
permits and one that has complied with the State Environmental Quality
Review Act (SEQR) by either receiving a negative declaration or a
completed draft environmental impact statement (DEIS). Within 60 days
of the determination that a public hearing is not required or within
like time following a public hearing, the Planning Board shall approve,
approve with modifications or disapprove the application unless the
time limit is extended by mutual agreement. The Planning Board shall
approve the application where it finds that the standards of § 7-1.5
have been met. The Planning Board may approve such application conditionally
where it finds that such conditions or modifications are necessary
to insure initial and continued conformance with the standards of
§ 7-1.5. The decision of the Planning Board shall be filed
with the Village Clerk and the Building Inspector and a copy thereof
mailed to the applicant. Failure by the approving agency to take action
within the time limit specified, or as may be extended, shall constitute
approval.
(d)
Variances in Conjunction with a Site Plan.
1.
No application shall be deemed complete unless it complies with all
the requirements of this Zoning Ordinance and any necessary variances
and/or special permits have been granted by the Zoning Board of Appeals.
2.
The Planning Board shall not approve or disapprove an application
until any necessary variances have been granted by the Zoning Board
of Appeals.
3.
In cases where a use requiring site plan approval also requires one
or more variances application shall first be made to the Planning
Board. The Planning Board shall complete a preliminary review of the
site plan and shall then refer the application to the Zoning Board
of Appeals. The Planning Board may include a recommendation, including
the planning and land use aspects of the application and requested
variances.
7-1.5.
Standards. In considering and approving site plans, the Planning
Board shall take into consideration the purposes of this Zoning Ordinance
and, as a condition of approval, may require such modifications of
the proposed plans as it deems necessary to comply with the spirit
as well as the letter of this local law. The Planning Board shall
specifically take into account the following:
(a)
Safe, adequate and convenient vehicular and pedestrian traffic circulation
both within and without the site. At least the following aspects of
the site plan shall be evaluated to determine conformity to this standard:
1.
The effect of the proposed development on traffic conditions on existing
streets.
2.
The number, locations, dimensions and construction details of vehicular
and pedestrian entrances, exits, drives and walkways. Vehicular access
to state, county or Village roads must also be approved by the State
Department of Transportation, the County Department of Public Works
or the Village Police Department and the Department of Public Works,
as appropriate.
3.
The visibility in both directions at all exit points of the site.
The driver of an automobile exiting the site should have an unobstructed
view of the street for that distance necessary to allow safe entrance
into the traffic stream.
4.
The location, arrangement and adequacy of off-street parking lots,
which shall, at a minimum, meet the requirements of this Zoning Ordinance.
5.
Interconnection of parking lots via access drives within and between
adjacent lots, in order to provide maximum efficiency, minimize curb
cuts, and encourage safe and convenient traffic circulation.
6.
The location, arrangement and adequacy of loading areas, which shall,
at a minimum, meet the requirements of this Zoning Ordinance.
7.
Patterns of vehicular and pedestrian circulation both within the
boundaries of the development and in relation to the adjoining street
and sidewalk system.
8.
The location, arrangement and adequacy of facilities for the physically
handicapped, such as ramps, depressed curbs and reserved parking spaces.
9.
The location, arrangement and adequacy of landscaping within and
bordering parking lots and loading spaces, which shall, at a minimum,
meet the requirements of this Zoning Ordinance.
10.
Adequacy of fire lanes and other emergency zones. The Planning
Board may require the provision of fire zones and may also require
suitable legal agreements for enforcement of any accompanying parking
restrictions.
(b)
The protection of environmental quality and the preservation and
enhancement of property values in the neighboring area. At least the
following aspects of the site plan shall be evaluated to determine
conformity to this standard:
1.
The location, height and materials of walls, fences, hedges and plantings
so as to insure harmony with adjacent development, screen parking
lots and loading spaces and conceal storage areas, refuse areas, utility
installations and other such features. Such walls, fences, hedges
and planting shall, at a minimum, meet the requirements of the Zoning
Ordinance.
2.
The prevention of dust and erosion, both during and after construction,
through the planting of ground cover or the installation of other
appropriate ground surfaces.
3.
The preservation of natural features of the site such as wetlands,
unique wildlife habitats, historic structures, major trees and scenic
views both from the site and onto or over the site.
4.
The conformity of exterior lighting to the requirements of the Zoning
Ordinance and Village ordinances.
5.
The design and arrangement of buildings, structures and accessory
facilities (such as air-conditioning systems, public address systems,
etc.) so as to achieve minimum and acceptable noise levels at the
property boundaries.
6.
The provision of adequate storm- and surface water drainage facilities
so as to properly drain the site while minimizing downstream flooding,
including on-site retention sufficient to limit flows from the site
to that for a once-in-two-year storm acting on the existing site when
receiving storms at the rate of a once-in-fifty-year storm.
7.
Access to sunlight for present and potential solar energy systems,
both on- and off-site, as well as building siting, orientation and
landscaping.
(c)
A quality of building and overall site design which will enhance
and protect the character and property values of the adjacent neighborhood.
The Planning Board shall evaluate the architectural features of the
proposed design to determine if they are in harmony with the neighborhood,
including consideration of architectural style, bulk, dimensions,
materials and location on the site and, in relation to development
on adjoining properties, the natural terrain and vegetation.
7-1.6.
Expiration. Unless other provisions are specifically set forth by
the Planning Board in connection with its approval of a site plan,
such approval shall expire if substantial construction is not completed
within one year of approval, or if all required improvements are not
completed within two years of approval or if the construction or use
shall cease for more than six months in any twelve-month period.
7-1.7.
Amendments.
(a)
Minor Amendments. During construction, the Building Inspector may,
after obtaining approval of the Planning Board Chairman, authorize
minor adjustments to the approved site plan when such adjustments
appear necessary in the light 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, or where the applicant
wishes to modify the approved plan for other reasons, an amended site
plan shall be filed for review and approval in accordance with the
same procedures required for initial applications.
7-1.8.
Guaranty of Completion. Where, in the opinion of the Building Inspector,
the elements of an approved site plan are substantially complete,
and the structure or use meets the requirements of other applicable
codes and ordinances, the Building Inspector may issue a temporary
certificate of occupancy for a period of up to 90 days, subject to
a suitable assurance that all required elements of the approved site
plan will be completed as soon as practicable. Where the Building
Inspector finds good cause, he may extend such temporary certificate
of occupancy for two additional periods of not to exceed 90 days each.
7-2.1.
Before the approval by the Planning Board of any plat showing a subdivision
and the creation of new blocks, lots or sites, with or without streets
or highways, all applicants for such approvals shall show, in proper
cases and when required by the Planning Board, a park or parks suitably
located for playground or other recreation purposes.
7-2.2.
Creation of Parks; Recreation Fee. If the Planning Board determines
that a suitable park or parks of adequate size cannot be properly
located in any such plat or are otherwise not practical, the Planning
Board shall require as a condition to approval of any such plat the
payment of a recreation fee in the amount of 10% of the appraised
valuation of each new lot. Such recreation fee shall constitute a
trust fund to be used by the Board of Trustees exclusively for neighborhood
park, playground or recreation purposes, including the acquisition
of land.
[L.L. No. 1-2006, Art. 3; L.L. No. 2-2007, Art. 3]
Subdivision approval also requires the following:
7-3.1.
For preliminary subdivision plat add: stormwater pollution prevention plan: A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter 7B, Erosion and Sediment Control, §§ 7B-1 through 7B-5, and Article XII. Stormwater Control, of this chapter, shall be required for preliminary subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in Article XII of this chapter. The approved preliminary subdivision plat shall be consistent with the provisions of Chapter 7B, Erosion and Sediment Control, and Article XII of this chapter.
7-3.2.
For final subdivision plat approval add: stormwater pollution prevention plan: A stormwater pollution prevention plan consistent with the requirements of Chapter 7B, Erosion and Sediment Control, §§ 7B-1 through 7B-5, and Article XII, Stormwater Control, of this chapter, and with the terms of preliminary plan approval shall be required for final subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in Article XII of this chapter. The approved final subdivision plat shall be consistent with the provisions of Chapter 7B, Erosion and Sediment Control, and Article XII of this chapter.
