[Added 11-21-2016 by L.L.
No. 7-2016[1]]
In order to ensure that proposed development and use of land within the area of the Village of Larchmont will have a harmonious relationship with the existing or permitted use of contiguous land and of adjacent neighborhoods and so to ensure that the health, safety, welfare, comfort and convenience of the public is fully considered, this Article VIIIA is hereby enacted pursuant to the provisions of § 7-725 of the Village Law of the State of New York.[1]
[1]
Editor's Note: Section 7-725 of the Village Law was repealed
by L. 1992, c. 694, § 3, effective 7-1-1993. See now § 7-725-a
of the Village Law.
As used in this Article VIIIA, the following terms shall have the meanings indicated:
A plan which shows the proposed development and use of the land within the Village of Larchmont. Such plan shall consist of a map affirmatively demonstrating compliance with and adequate provision for all of the criteria, matters and the items listed in § 381-68-G, Subsection B, herein.
The authority for approval of each and every site plan and all
amendments thereto and modifications thereof is hereby delegated to
the Planning Commission of the Village of Larchmont.
In acting on any site plan application, the Planning Commission,
in addition to all other applicable laws, shall take into consideration
the following standards:
A.
Traffic access and roads. All proposed traffic access and roads are
adequate but not excessive in number, adequate in width, alignment
and visibility, and not located too near street corners or other places
of public assembly. Necessary traffic signalization and other safety
controls, devices and facilities have been properly given consideration
and duly provided wherever appropriate or warranted.
B.
Circulation and parking. Adequate off-street parking and loading
spaces are provided to prevent the parking in public streets of vehicles
of any persons connected with or visiting the site, and the interior
circulation system is adequate to provide safe accessibility to all
required off-street parking lots.
C.
Screening and landscaping. All playground, parking, loading, public
and other service areas are reasonably screened by a double row of
hemlocks or equivalent, five feet in height and four feet on center,
at all seasons, from the view of adjacent lots and streets, and the
scale and quality of the landscaping or fencing of the site enhances
the character of the neighborhood.
D.
Natural and other significant features. All water bodies, wetlands,
steep slopes, hilltops, ridgelines, trees, outstanding natural topography,
significant geological features and other areas of scenic, ecological
and historic value are preserved insofar as possible, and flood hazard
is minimized.
E.
Fire protection. All proposed structures, equipment or material shall
be readily accessible for fire protection.
F.
Drainage.
[Amended 6-30-1986 by L.L. No. 6-1986[1]]
(1)
A storm drainage system which demonstrates affirmative compliance
with the form, scope and substance of all applicable design criteria
shall be provided to accommodate expected loads from the tributary
watershed when developed to the maximum density permitted under the
existing zoning standards. Drainage shall be conducted to a point
of adequate and suitable disposal.
(2)
On sites of 10,000 square feet or more and in other instances
determined by the Planning Commission to be appropriate after consultation
with the Village Engineer, development shall be so designed and executed
as to limit overflow from the site to zero increase in the rate of
runoff and to create zero decrease in the rate of upstream runoff
into the site, as related to existing conditions, except that the
Planning Commission, after consultation with the Village Engineer,
may substitute a different requirement for a particular site if it
determines that the substituted requirement will be more effective
in controlling flooding and erosion at the site and at other locations.
(3)
On parcels of five acres or more, the Planning Commission may require that development is so designed and executed as to reduce the rate of runoff by a stipulated percentage not to exceed 20%, as compared with existing conditions, through drainage systems, water retention and/or the maintenance of open spaces, both those required under ordinary circumstances and such additional open spaces as may be required for this purpose, but without reducing the rate of runoff into the site from upstream. Such a requirement shall not be applied unless the Planning Commission determines that it is an appropriate and important means of preventing an increase in erosion and flooding at the site and/or at other locations. In making such determination, the Planning Commission shall consult with the Village Engineer and with the Westchester County Soil and Water Conservation District, who shall respond within the time limits set by this Article VIIIA. Failure to respond within such time limits shall be deemed approval by such agencies.
[1]
Editor's Note: Section 1 of L.L. No. 6-1986 provided as follows:
"Policy 14 of the Town of Mamaroneck - Village of Larchmont local
waterfront revitalization program, adopted June 30, 1986, declared
that activities and development 'shall be undertaken so that there
will be no measurable increase in erosion or flooding at the site
of such activities or development or at other locations.' It is the
purpose of this local law to give effect to that policy through appropriate
amendment of the Site Plan Approval Law of the Village of Larchmont."
A.
No building permit shall be issued until site plan approval shall
have been obtained from the Planning Commission.
B.
No certificate of occupancy for any structure or use upon or within
the site shall be issued until all of the required conditions of the
site plan approval have been met. The continued validity of any certificate
of occupancy shall be subject to continued performance with the approved
site plan and conditions attached thereto.
C.
Any revision of a site plan shall be subject to the same approval procedure as provided in this Article VIIIA.
D.
Applicants must comply with the provisions of every other Village
local law and any other requirements of all other Village commissions,
boards, departments and agencies, including but not limited to the
Traffic Commission, the Zoning Board of Appeals and the Board of Architectural
Review.
E.
No filling, excavating, removing of any topsoil, gravel, dirt, sand,
shrubs, trees or any other such material for the purpose of erecting
a building or structure or for the purpose of construction may be
carried out until site plan approval, if required for the proposed
construction, is first obtained for the proposed construction.
[Added 7-23-1984 by L.L.
No. 4-1984]
F.
The demolition of over 20% of the gross square footage of existing
improvements located on a single lot, within any twenty-four-month
period, shall not be carried out until site plan approval is obtained.
In calculating the gross square footage to be demolished, the Building
Inspector shall include as to be demolished any square footage that,
during the proposed demolition, will not remain fully enclosed by
at least three existing exterior walls or fully enclosed by the existing
ceiling structure or roof immediately above it on the same floor.
[Added 6-4-2001 by L.L.
No. 3-2001; amended 11-21-2005 by L.L. No. 5-2005]
(1)
The Planning Board shall not issue site plan approval for any
demolition until the Planning Board approves a demolition management
plan and site restoration plan. The demolition and site restoration
plans shall include, but not be limited to:
[Added 12-19-2016 by L.L.
No. 21-2016]
(a)
The time frames during which demolition and site restoration
may occur and must be completed;
(b)
A requirement to fill all exposed below-grade areas with soil
and that the lot be graded to match adjacent grades, all in compliance
with the quality of soil and documentation provisions set forth in
§ 381-42A(2)(b), and for which the maximum quantity of soil
that may be imported set forth in § 381-42A(2)(b)[1] shall
not apply;
(c)
A requirement that all aboveground and overhead utilities be
removed;
(d)
Where, upon satisfaction of the condition provided below, the
Planning Board permits the foundation and/or other below-grade infrastructure
or materials to remain on the lot, a requirement that a survey showing
the locations and dimensions of such foundation and below-grade infrastructure
and materials to remain after demolition be filed with the Building
Department;
(e)
A plan to protect, to the extent feasible, trees and other vegetation
during demolition operations;
(f)
A post-demolition landscaping plan in accordance with the Planning
Board's requirements, which shall include maintenance of such landscaping
and a prohibition against bare areas of soil; and
(g)
A prohibition against chain-link fencing and gates when demolition
is complete.
(2)
If a site plan application for new improvements is pending,
the Planning Board shall require that demolition not occur until the
new improvements have all required permits and approvals.
(3)
Where an applicant seeks approval for the foundation and/or
other below-grade infrastructure or materials to remain on the lot,
the applicant shall submit a certified statement from the applicant's
engineer that the foundation and such infrastructure and materials
and the methods proposed to cover them are structurally sufficient
and will not, under reasonably expected circumstances, cause any instability
on the lot within the next 10 years.
(4)
Exceptions. Where the Building Inspector determines that the improvement or part thereof creates an immediate threat to the health, safety, or welfare of the community, the Building Inspector may permit demolition to occur without the Planning Board having first issued site plan approval, including a demolition management plan and site restoration plan. The applicant must either concurrently during demolition, or immediately thereafter if it is not feasible to do so concurrently, seek approval from the Planning Board of a site plan and post-demolition site restoration plan, which shall include the same provisions referenced in Subsection F(1) above, and failure to seek such approvals shall be a violation subject to the penalties in the following subsection.
(5)
Penalties. In addition to any other penalties provided for violation of this site plan law, any person violating any of the provisions of this Subsection F of the Code of the Village of Larchmont shall be guilty of a violation (i.e., not a misdemeanor or felony) punishable by a fine of up to $5,000. Each day a violation continues shall constitute a separate offense.
[Amended 7-23-1984 by L.L. No. 4-1984; 6-4-2001 by L.L. No. 3-2001; 11-21-2005 by L.L. No. 5-2005; 3-13-2023 by L.L. No. 4-2023]
The provisions of this Article VIIIA shall not apply to alterations or additions to one- or two-family dwellings, unless such alterations or additions, when aggregated with all other alterations and/or additions to such dwelling and all other improvements which are accessory to such dwelling and which were commenced or completed within the prior twenty-four-month period, or for which a building permit is/was sought or issued within the prior twenty-four-month period, encompass either new square footage in excess of 20% of the gross square footage of the existing improvements on the property in question or an increase in lot coverage by more than 20%. This section is not intended to affect the requirements of § 381-68-E(F). In the event of any conflict between § 381-68-E(F) and this § 381-68-F, the requirement of § 381-68-E(F) shall control.
The application procedure for site plan approval shall involve
a three-stage process: a presubmission conference, a site plan application
and a public hearing by the Planning Commission, as set forth below
in Subsection D. The Planning Commission may adopt such rules and
regulations as may be required to implement the application procedure.
A.
Presubmission conference. Prior to filing the site plan application required in Subsection B below, applicants shall meet with the Village staff for a pre-filing review and discussion of their proposed application. The Village Building Inspector shall have the authority to waive this requirement where he or she determines that it is not necessary in a particular case.
[Amended 12-19-2016 by L.L. No. 22-2016; 3-13-2023 by L.L. No. 4-2023]
(1)
No site plan application for a significant project, as defined in this Subsection A, shall be accepted until the applicant submits to the Planning Board a concept plan and/or drawing in sufficient detail for the Planning Board to be able to visualize the proposed development and its context within surrounding properties and streets. A presubmission conference will then be scheduled for the applicant to discuss its concept with the Planning Board. If feasible, the presubmission conference will be a joint meeting of the Planning Board, the Board of Architectural Review, and, if the Zoning Board of Appeals will be an approving agency, the Zoning Board of Appeals. If it is not feasible for there to be such a joint meeting within 45 days of the submission of the concept plan and/or drawing, the application may be filed, and the Planning Board will seek the input of the Board of Architectural Review and, if involved, the Zoning Board of Appeals at the earliest feasible time. Applicants are advised that a primary purpose of this provision is to provide them with input from the appropriate land use boards before the details of their development proposal are fixed and before they have expended significant sums of money on plans that may require modification. The requirements of this subsection may be waived by the Planning Board or its designee.
(2)
For the purposes of this Subsection A, the term "significant project" shall mean a project that involves any one or more of the following elements:
(a)
A subdivision;
(b)
The construction of a new dwelling or dwelling unit on a one-family
lot, and the construction of any new improvement on any other lot;
(c)
The renovation of an existing improvement where such renovation
affects 25% or more of the lot area;
(d)
The addition of 25% of the existing square footage of a dwelling
or dwelling unit on a one-family lot to such dwelling or dwelling
unit, and the addition of 25% of the existing square footage of any
other improvement to such improvement on all other lots; and
(e)
Any proposed development for which a variance from the minimum
yard or setback dimensions is required.
B.
Application for site plan approval.
(1)
Within six months of the presubmission conference, 15 copies
of the application for site plan approval shall be filed with the
Planning Commission, accompanied by a detailed development plan prepared
by a licensed architect or professional engineer under his/her professional
seal, which plan shall contain information specified below:
(a)
A map showing the applicant's entire property and adjacent properties
and streets, within a radius of 500 feet from the perimeter of the
site at a scale of not more than 50 feet to the inch. Any relevant
deed restrictions or covenants shall also be noted.
(b)
The proposed use, location, height and design of all existing
and proposed buildings and structures not designated for demolition
or removal, including side elevation.
(c)
Any proposed division of buildings and structures.
(d)
Any proposed division of any building into units of separate
occupancy.
(e)
The proposed spatial arrangement of land uses.
(f)
Existing topography and proposed grade elevations at intervals
of two feet or less.
(g)
The location of all existing watercourses, intermittent streams,
wetland areas, rock outcrops, wooded areas and other significant existing
features.
(h)
The general configuration of all existing and proposed public
and private roads, drives and walkways.
(i)
Proposed final grades, including detailed information relative
to methods to be used to retain, stabilize and/or refurbish regraded
areas.
(j)
The location of all parking and truck loading areas, with access
and egress drives thereto.
(k)
The location of traffic safety devices and directional flow
of traffic.
(l)
The location of any outdoor storage.
(m)
The location and description of all existing and proposed site
improvements, including but not limited to drainage pipes, drains,
culverts, ditches, bridges or other drainage works, retaining walls
and medians, dividers and fences. Drainage information shall be provided
by a licensed professional engineer, furnished under his/her seal.
(n)
The location of all proposed and existing easements.
(o)
The location of any special district lines.
(p)
A description of the method of water supply and sewage and garbage
disposal and the location of such facilities.
(q)
The location, height and size of all signs.
(r)
The location, height, quality and design of all landscaping
and buffer areas.
(s)
The location, height and design of lighting, power and communication
facilities.
(t)
Letters or permits from other agencies having jurisdiction as
to their comments on the site development. The Building Inspector
shall certify on each site plan or amendment whether or not the plan
meets the requirements of all Zoning Ordinance provisions other than
those of this section regarding site plan approval.
(u)
Any other pertinent information as may be necessary to determine and provide for the proper enforcement of this Article VIIIA.
(v)
A description of any proposed filling, excavation or removal
of topsoil, gravel, dirt, sand, shrubs, trees or any other such materials.
[Added 7-23-1984 by L.L.
No. 4-1984]
(2)
If the site plan indicates a development in stages, a supplementary
plan shall be submitted simultaneously with the proposed site plan,
indicating total contemplated development.
(3)
A site plan, following approval by the Planning Commission,
shall be valid for a period of 12 months from the date of such approval.
If there is no substantial change in the condition of the site and/or
its environs, site plan approval may be extended by the Planning Commission
for one additional period of one year.
C.
Public hearing. The Planning Commission shall conduct a public hearing
on the site plan. Such public hearing shall be conducted within 60
days of the receipt of the application for site plan approval and
shall be advertised in the official newspaper of the Village at least
five days before the public hearing.
D.
Referral. The Planning Commission shall forward one copy of the site
plan application to the Board of Trustees, the Village Engineer, the
Building Inspector, the Fire Department, the Police Department, the
Zoning Board of Appeals, the County Planning Board and the State Department
of Transportation (if the site plan shows frontage along a state highway),
the Traffic Commission, the Architectural Board of Review, the Conservation
Advisory Commission and any other local, state, county, regional and
federal agencies having jurisdiction. Without limiting the generality
of the foregoing, referral shall be made to the Parks and Trees Committee.
[Amended 12-19-2016 by L.L. No. 22-2016]
E.
Action by Planning Commission.
(1)
Within 60 days of the date of the public hearing, the Planning
Commission shall act to either approve, disapprove or approve with
conditions the site plan application and shall specify what conditions,
if any, are necessary.
(2)
If the Planning Commission fails to act within 60 days from
the date of the public hearing or an extension mutually agreed to
by the Commission and the applicant, the application shall be deemed
to be approved.
(3)
Planning Commission disapproval shall include written findings.
(4)
Approval of amendments to an approved site plan shall be acted
upon in the same manner as the application for approval of the original
site plan.
F.
Reports from other commissions, boards, departments or agencies. Any other commission, board, department or agency of the Village which shall have been furnished with a copy of a site plan application pursuant to Subsection D above shall, if it wishes to do so, file a written report to the Planning Commission containing its recommendations on the site plan application, within 30 days of the public hearing. The Planning Commission shall carefully review and consider any such report and recommendation in making its decision.
Upon finding by the Planning Commission that, due to the particular
character or limited nature of a development or change in use or to
special conditions peculiar to a site, the submission of a final site
plan, or of certain portions of the information normally required
as part of the site development plan, is inappropriate or unnecessary
or that strict compliance with said submission requirements will cause
extraordinary and unnecessary hardship, the Planning Commission may
waive such submission requirements wherever, in the opinion of the
Commission, such waiver will be consistent with the goal of promoting
the public health, safety, comfort, convenience and general welfare
of the community. The findings for granting such waiver shall become
a part of the public record.
The Planning Commission shall notify and submit a signed copy
of the approved site plan to the Building Inspector, signed and dated
by the Chairman or Acting Chairman of the Planning Commission.
[Amended 5-21-1984 by L.L. No. 1-1984]
An application fee as fixed by the Village Board from time to
time shall be required at a time the site plan application is submitted.
No certificate of occupancy shall be issued until all improvements
shown on the site plan are installed or a sufficient performance guaranty
has been posted for improvements not yet completed. The sufficiency
of such performance guaranty shall be determined by the Planning Commission
after consultation with any person or agency necessary.
The Building Inspector shall be responsible for the overall
inspection of site improvements, including coordination with other
officials and agencies, as appropriate.
[Added 10-17-1988 by L.L.
No. 5-1988; 11-21-2016 by L.L. No. 10-2016]
A.
LANDSCAPE PLAN
MATURE TREE
Defintions. For the purposes of this § 381-68-N:
A plan prepared by and bearing the seal of a landscape architect; provided, however, in an appropriate case, the Planning Board may permit the Landscape Plan to be prepared by an arborist or other qualified professional. If applicants wish to have the landscape plan prepared by a party other than a registered landscape architect, this topic should be discussed with the Planning Board at the pre-submission conference. The landscape plan shall show the proposed landscaping for the project. Without limiting the generality of the foregoing, the landscape plan shall provide the specific details regarding removal and planting of trees as is provided below. It shall be within the authority of the Planning Board to approve, disapprove or require modifications to the landscape plan. The purpose of this § 381-68-N is to provide for and encourage the preservation and maintenance of trees for their benefits, which include, but are not limited to, soil stabilization, drainage control, oxygen production, shade, and aesthetic appeal.
Any deciduous tree with a trunk measurement of eight inches
or greater in diameter at fifty four inches above the ground on the
uphill side; or any evergreen tree with a height of 15 feet or more
above the ground on the uphill side.
B.
Prohibition on site work.
(1)
No site work in anticipation of site plan approval may be performed
until such site plan approval is obtained. Without limiting the generality
of the foregoing, no filling, excavating, removal of any topsoil,
gravel, dirt, sand, shrubs, trees or any other such material for the
purpose of erecting a building or structure or otherwise for the purpose
of construction may be carried out anywhere on the subject property
until site plan approval, if required for the proposed construction,
is first obtained for the proposed construction.
(2)
If the prohibition set forth in Subsection B(1) above is violated, no site plan application will be processed until the violation is remediated in accordance with a remediation plan approved by the Planning Board. The Planning Board may require, among other things, that such remediation plan provide for the replacement in kind of any trees, shrubs, or other material which has been removed in violation of this section. Additional penalties as provided for in Subsection D below shall also apply.
C.
Landscape plan; preservation of mature trees and other vegetation.
(1)
Each application for site plan approval shall include a landscape
plan which must show, unless otherwise determined by the Planning
Board, i) all existing mature trees on the entire property which is
the subject of the site plan application, ii) which mature trees are
to be removed or destroyed, specifying their types and sizes, and
iii) the reasons they are being removed and/or destroyed. The Planning
Board shall have the authority to require new trees to be planted
and, with input from the Parks and Trees Committee, to specify their
location and type, and to require replacement of existing trees in
kind or with such trees of such type as the Planning Board (with input
from Parks and Trees) determines are appropriate in the circumstances.
(2)
The applicant shall design the development plan in such a manner
as to minimize the number of mature trees to be removed or destroyed
in order to accommodate the development. Where feasible, the Planning
Board may require proposed improvements to be relocated or removed
in order to preserve mature trees. It will not be deemed feasible
to require such relocation or removal where doing so would substantially
interfere with a permitted use.
(3)
On sites in the Village's R, W and MF Zoning Districts which
are devoid of mature trees or sparsely populated with such trees,
the Planning Board may require the installation of supplemental trees.
A baseline design standard for such supplementation shall be that
the trees have a diameter of at least three inches and that there
will be an overall density of one tree for 3,000 square feet of land
area or fraction thereof.
(4)
In addition to the requirements for mature trees, the Planning
Board shall also have the authority to require the preservation or
enhancement of other vegetation on the site. The reasons for requiring
such preservation or enhancement may include, but shall not be limited
to, aesthetic value due to species or location or that removal of
existing vegetation would excessively alter drainage or affect the
stability of slopes.
(5)
The construction management plan for the project shall include
the methods that will be employed to protect existing trees and other
vegetation on the site during construction. The Planning Board shall
have the authority to approve, disapprove or require the modification
of such construction management plan.
(6)
Trees which have been designated for preservation, including
supplemental trees, shall be deemed to be required site improvements,
and their preservation and replacement, as necessary, including the
replacement of trees damaged during construction, shall remain the
responsibility of the applicant and subsequent property owners. In
addition to any other bonding required by the Planning Board in connection
with the site plan approval, the Planning Board shall require a bond,
letter of credit or cash deposit, calculated to provide sufficient
funds for the replacement of trees to be preserved or supplemental
trees which may be damaged during construction. Such bonding shall
be for a period of at least one year after all improvements in connection
with the site plan have been completed. Prior to release of the bond
or other security, the trees shall be inspected to insure that they
have not been damaged and that future growth will be characteristic
of the species.
(7)
The requirements herein for tree preservation shall not apply
to lots for existing houses in a new subdivision, provided that such
lots and houses will not be altered to accommodate development of
the subdivision. However, this provision shall not relieve the subdivider
and site plan applicant of the responsibility to include in the tree
preservation plan for the subdivision/site plan any mature tree located
within 50 feet of a new lot or required subdivision improvement. When
lots for existing houses have been excluded from the tree preservation
plan, the landscape architect shall set forth on the plan which lots
have been excluded and shall certify that the plan does include all
mature trees located within 50 feet of a new lot or other subdivision
improvement and that surrounding development will not substantially
alter the environment of the trees on such lot.
D.
Violations; penalties. It shall be a violation of law for any person or entity to remove, damage or fail to preserve any tree or vegetation which they were not permitted to remove or damage, or which they were required to preserve, pursuant to the terms of this § 381-68-N of the Code of the Village of Larchmont.
(1)
In addition to any other penalties provided for violation of this site plan law or failure to adhere to the details of an approved site plan, any person violating any of the provisions of this § 381-68-N of the Code of the Village of Larchmont shall be guilty of a violation (i.e., not a misdemeanor or felony) punishable by a fine of up to $500. Each day a violation continues shall constitute a separate offense; and
(2)
No building, demolition or excavation permit may be issued, and if previously issued shall be revoked, nor shall any certificate of occupancy be issued until such violation is cured in accordance with Subsection D(3) below; and
(3)
Any person or entity who removes, damages, destroys or fails to preserve any tree or other vegetation in accordance with this § 381-68-N shall replace, in kind, each and every tree and other vegetation which has been removed, damaged or destroyed. If such a tree was so large and mature that it cannot reasonably be replaced, the Building Inspector, upon advice of the Village Arborist, may require the planting of multiple trees. If multiple trees cannot be planted on the site of the violation, other available spaces on public property may be used to accommodate the balance of the required planting.
[Added 2-24-2003 by L.L.
No. 1-2003]
