This chapter shall be known as the "Site Plan Approval for Residential
Development Law of the Town of Mamaroneck."
This chapter is enacted to ensure that proposed development
and use of land will preserve and protect environmental features,
have a harmonious relationship with existing or permitted uses of
contiguous land and of adjacent neighborhoods, enhance the appearance
of the community and make sure that the health, safety, comfort, convenience
and general welfare of the public is fully considered.
As used in this chapter, the following terms shall have the
meanings indicated below:
FOOTPRINT, AREA
The square footage of the area lying within a footprint of
a building or structure or the area lying within the footprint of
an improved surface that is not a building or a structure.
FOOTPRINT, BUILDING
The outline of the imaginary line formed by the vertical
downward extension of the ends of the roof of a building or structure
that is intended to shelter, house or enclose people, animals or property.
This definition applies both to one-family and two-family dwellings
and to accessory buildings or structures that have a roof.
FOOTPRINT, OTHER IMPROVED SURFACES
The outline of any improved surface that is not a building
or a structure that is intended to shelter, house or enclose people,
animals or property, such as, but not limited to, driveways, patios,
walkways, tennis courts and swimming pools.
MAP
A map of a) the parcel, b) the properties that abut the parcel,
c) the properties immediately across the street and d) the streets
that the parcel abuts. To determine whether a property is "immediately
across the street from the parcel," the lot lines of the parcel shall
be projected across the streets on which the parcel abuts. Any property
that such extension touches shall be considered a property "immediately
across the street from the parcel." If the parcel is a corner lot,
the lot that is cater-cornered from the parcel also shall be considered
a property that is "immediately across the street from the parcel."
PARCEL
The single lot that is the subject of a site plan application.
RESIDENTIAL SITE PLAN
A map prepared to the specifications of, and containing the
necessary elements required by, the Town Code for either the development
of a parcel with a one-family or a two-family dwelling and/or an accessory
use for a one-family or a two-family dwelling or the regrading of
a parcel only. The map shall show the arrangement, layout, grading,
landscaping and design of the proposal and the other elements required
to be shown by this chapter. In this chapter the words "site plan"
are synonymous with "residential site plan."
SITE DISTURBANCE, AREA
The square footage of the area of a parcel where construction
and/or regrading is proposed.
The Town Board grants the Planning Board the authority to review
and approve, approve with modifications and/or specific conditions
or disapprove site plans and the other powers set forth in § 274-a,
Subdivision 2(a), of the Town Law of the State of New York.
The procedure for site plan approval shall involve a three-stage
process: a conference prior to the submission of a site plan application,
attendance at meetings of the Planning Board to allow it to consider
the site plan application and to advise the applicant of any other
information that the applicant must supply in order for the Planning
Board to have all of the information it needs in order to make a decision,
and a public hearing before the Planning Board. The Planning Board
may adopt such rules and regulations as it deems necessary to implement
this procedure.
Prior to submitting a site plan application:
A. The applicant shall meet in person with the Building Inspector or
the Director of Building Code Enforcement and Land Use Administration,
the Town Engineer and such other members of the Town staff or outside
consultants as the Town staff considers appropriate based upon the
nature of the application to discuss the applicant's proposal in order
that subsequent steps be undertaken with a clear understanding of
the Planning Board's requirements for reviewing the site plan application;
and
B. The applicant must show that any variance or special permit required
in order to develop the parcel in accordance with the proposed site
plan has been granted or, in the case of a special permit that an
application therefor has been submitted. If an application for a required
special permit has not been submitted, the applicant must represent
that an application therefor will be submitted to the Planning Board
when the site plan application is submitted.
The Secretary of the Planning Board shall forward one copy of
the site plan application to the Town Engineer, the Building Inspector,
the Director of Building Code Enforcement and Land Use Administration,
the Westchester Joint Water Works, and other local, state, county,
regional and federal agencies having jurisdiction, as well as to any
consultants that the Planning Board, in its discretion, deems necessary
or appropriate for a thorough review of the application. The Planning
Board may, but is not compelled to, consider the failure of the Westchester
Joint Water Works to submit comments upon the site plan application
within 45 days after such application is forwarded to it to be an
indication that such nonresponding entity has no objection to the
site plan application.
The Planning Board shall, where practical, integrate the site
plan review process with the requirements of other applicable local
laws, ordinances and requirements.
The Planning Board shall consider the following standards in
reviewing a site plan application and may modify or add those restrictions
or conditions to its approval that it determines to be necessary or
prudent when applying these standards to the site plan application.
A. Screening and landscaping. All structures, recreational and parking
areas shall be reasonably landscaped and/or screened so as to minimize,
to the extent practical, the impact on the peace, comfort or repose
of reasonable persons of normal sensitivities residing on the lots
shown on the map. The scale and quality of the landscaping and screening
on the parcel shall be harmonious with the character of, and serve
to enhance, the neighborhood.
B. Environmental quality. All bodies of water, wetlands, steep slopes,
hilltops, ridge lines, major stands of trees, outstanding natural
topography, significant geological features and other areas of scenic,
ecological and historic value shall be preserved insofar as possible.
Soil erosion shall be prevented insofar as possible. Flood hazards
shall be minimized. Air quality shall be within legal limits. The
Planning Board shall require that all potentially ecological disruptive
elements of site preparation, such as blasting, diversion of watercourses
and the like, be conducted according to the highest standards of professional
care.
C. Drainage. There shall be a stormwater pollution prevention plan or surface water and erosion control plan that complies with the requirements of Chapter
95 of the Town Code.
D. Location and dimension of buildings. The location, arrangement, size
and design of the buildings and structures shall be comparable to
each other and with the parcel as a whole.
E. Impact of proposal on adjacent land uses. The impact of noise, glare
or other features that disrupt the peace, comfort or repose of reasonable
persons of normal sensitivities residing on adjacent and neighboring
properties shall be minimized to the extent practical both during
construction and after construction is complete.
F. Trees. The proposed site plan shall specify the trees exceeding six
inches in diameter at a height of four feet above the ground that
the applicant proposes to cut down and must demonstrate to the Planning
Board's satisfaction why he or she wishes to remove each such tree,
as it is the Planning Board's duty to minimize the number of trees
of the aforementioned caliper that will be removed.
G. Regrading. Regrading shall comply with the conditions set forth in §
95-11 of the Town Code and shall be designed so that the final grade of the parcel does not alter the natural drainage patterns in such a way as to increase or concentrate current runoff from the parcel onto the street or onto the lots that border the parcel.
H. Staging. The Planning Board shall designate the area of the parcel
where the materials and the equipment to be used shall be stored during
construction and the location of portable sanitary facilities that
may be installed during construction. The area so designated shall
be the area that, in the judgment of the Planning Board, will minimize,
to the extent practical, the impact on the peace, comfort or repose
of persons residing on adjacent and neighboring properties and will
reasonably protect the remainder of the parcel from being disturbed.
Every application for site plan approval shall be accompanied by the fee set forth in §
A250-1. Should the Planning Board consider it necessary to hire consultants for technical review and/or on-site inspection, the applicant shall be required to reimburse the Town for such services or pay those consultants directly.
If due to the particular character or the limited nature of
the development for which a site plan is sought, or due to special
conditions peculiar to the parcel, or if strict compliance with this
chapter will cause extraordinary and unnecessary hardship, the Planning
Board may waive or vary the submission of a site plan application
or of certain information otherwise required as part of the application.
The Planning Board also may waive or vary such submission or requirements
if, in its opinion, to do so will be consistent with the goal of promoting
the public health, safety, comfort, convenience and general welfare
of the public. The findings for granting such waiver or a variance
shall be entered into the public record.
The Town Engineer or the Building Inspector or the Director
of Building Code Enforcement and Land Use Development may approve
minor revisions to an approved site plan, necessitated by field conditions
encountered during the course of construction that could not have
been anticipated during the approval process, so long as such revision
will not materially change the approved site plan and will not adversely
impact the neighboring properties or the environment.
Any violation of this chapter shall constitute a violation and
be punishable by a fine not less than $250 and not more than $500
for each such violation, except that commencing construction of, or
placing any structure on, a parcel which requires site plan approval
or an amendment to an approved site plan without first obtaining site
plan approval shall constitute a violation and be punishable by a
fine not less than $500 and not more than $2,500.