[HISTORY: Adopted by the Board of Trustees
of the Village of Scarsdale during codification 3-14-1989 by L.L. No. 10-1989 (see Ch. 1, General
Provisions, Art. II); amended in its entirety 10-10-1989 by L.L. No. 18-1989. Subsequent amendments
noted where applicable.]
[Amended 1-10-2023 by L.L. No. 2-2023; 7-9-2024 by L.L. No. 7-2024]
A.
Whenever any nonresidential building or any multifamily dwelling
is proposed to be erected or enlarged or altered or whenever any dwelling
or other structure is proposed to be erected, enlarged or altered
on a lot at a distance from the street or on a lot approved by the
Planning Board under the provisions of § 7-738 of the Village
Law, a site plan for such building shall be submitted to the Planning
Board for review and approval, approval with modifications, or disapproval.
No building permit shall be issued except in conformity with a site
plan approved by the Planning Board.
B.
Whenever any land-disturbing activity within the adjoining property buffer area, as defined in § 254-4, is proposed, a site plan shall be submitted to the Planning Board pursuant to § 254-10.1 for review and approval, approval with modifications, or disapproval. No building permit shall be issued except in conformity with a site plan approved by the Planning Board.
C.
Whenever any site disturbance, as defined in § 310-2 of this Code, exceeds the thresholds set forth in § 251-1C(1) below, a site plan shall be submitted to the Planning Board for review and approval, approval with modifications, or disapproval. No building permit shall be issued except in conformity with a site plan approved by the Planning Board.
(1)
Site disturbance thresholds for site plan review in the following
zoning districts shall be as follows:
|
Zoning District
|
Thresholds for Site Plan Review
|
|---|---|
|
A-5: 5,000 sf min.
|
50% of lot area
|
|
A-4: 7,500 sf min.
|
45% of lot area
|
|
A-3: 10,000 sf min.
|
40% of lot area
|
|
A-2a: 15,000 sf min.
|
40% of lot area
|
|
A-2: 20,000 sf min.
|
35% of lot area
|
|
A-1: 1 acre
|
30% of lot area
|
|
AA-1: 2 acres
|
30% of lot area
|
(2)
The following activities are exempt from the site disturbance thresholds set forth in § 251-1C(1) above.
(a)
Repairs to any stormwater management practice or facility deemed
necessary by the Village Engineer;
(b)
Routine landscaping maintenance activity in areas that have
already been cultivated, including, but not necessarily limited to,
the stripping of existing lawn areas followed by the immediate replacement
in kind where there are no proposed changes in grade;
(c)
Repair in kind or repaving of existing walls, driveways, patios,
walkways, tennis courts, and swimming pools, provided the parcel is
not regraded in the process; and
(d)
Emergency activity necessary to protect life, property, or natural
resources.
D.
For all construction and other development ("development" as defined in § 167-4 of this Code) to be undertaken within a special flood hazard area (SFHA), as identified in Flood Insurance Rate Maps (FIRMs) and/or Flood Hazard Boundary Maps (FHBM) published by the Federal Emergency Management Agency (FEMA), a site plan shall be submitted to the Planning Board for review and approval, approval with modifications or disapproval. No building permit shall be issued except in conformity with a site plan approved by the Planning Board.
(1)
The Village Engineer, in its sole discretion, may grant a waiver from receiving site plan approval under this Subsection D, as follows:
(b)
The proposed construction or development would not result in
an increase in stormwater surface runoff within a SFHA or FHBM; or
(c)
The proposed construction or development would not result in
an increase in impervious surface coverage within a SFHA or FHBM;
or
(d)
The proposed construction or development would not result in
an adverse impact on a wetland, watercourse, water body, or environmentally
critical area; or
E.
For any corner lot within a residential zoning district, where a
newly constructed home is proposed, a site plan shall be submitted
to the Planning Board for review and approval, approval with modifications,
or disapproval. No building permit shall be issued except in conformity
with a site plan approved by the Planning Board.
F.
A demolition site plan, in accordance with § 251-5D, shall be submitted to the Planning Board for review and approval, approval with modifications, or disapproval for i) the demolition, removal, or structural alteration of more than 50% of a one-family dwelling's total exterior walls (measured in linear feet) or ii) the demolition, removal, or structural alteration of more than 50% of a one-family dwelling's total front-yard-facing exterior walls (measured in linear feet). Exterior walls will be deemed to be the subject of "structural alteration" if, in the judgment of the Building Official, there is reasonable cause to believe that the walls will be, or will have to be, substantially replaced during the construction process, or the walls will not survive the construction process intact. Demolition site plan approval shall only be granted after the Committee for Historic Preservation, or the Board of Trustees on appeal, has issued a certificate of appropriateness and, if applicable, such demolition site plan shall be approved at the same time as any other site plan approval required under this Code. If a demolition site plan is required, no demolition permit shall be issued except in conformity with a demolition site plan approved by the Planning Board.
G.
The construction or enlargement of any residential property in a
Residence A Zoning District with a proposed gross floor area of 15,000
square feet or more shall require site plan approval from the Planning
Board. No building permit shall be issued except in conformity with
a site plan approved by the Planning Board.
H.
Applications for a cluster site plan, pursuant to Village Law § 7-738, shall require site plan approval from the Planning Board. In addition to the requirements and standards set forth in this chapter, such applications shall also comply with § A319-45 of this Code. No building permit shall be issued except in conformity with a site plan approved by the Planning Board.
I.
In accordance with § 310-19 of this Code, site plan approval shall be required for any legal nonconforming interior lot, commonly referred to as a "flag lot." No building permit shall be issued except in conformity with a site plan approved by the Planning Board.
J.
Site disturbances in the aggregate. For the purposes of Subsections C and F above, demolition, construction, alteration, or improvements proposed in all building permit applications within any thirty-six-month period shall be aggregated to determine if any of the thresholds for "site disturbance" or "structural alteration" have been met.
A.
In the case of each nonresidential building in any
Residence A District, the Planning Board may prescribe:
(1)
The maximum height of all such buildings, which height
shall not be greater than the maximum height of residential buildings
permitted by this Code.
(2)
The maximum percentage of the gross area of the lot
which may be occupied by the buildings and improvements.
(3)
The maximum length and width of all such buildings.
(4)
The minimum distances which such buildings must set
back from front, rear and side lot lines, which distances shall not
be less than the minimum distances which residential buildings are
required by this Code to be set back from such lot lines in the district
in which the lot is located.
B.
Such requirements may be prescribed after taking into
consideration, among other factors, the general character of the neighborhood,
the size and location of buildings in the vicinity, extent and types
of uses to be made of the proposed building or buildings and traffic
conditions and parking facilities in the area, and such requirements
shall be consistent with the public health, safety and general welfare
of the community and shall be designed, insofar as practicable, to
avoid or minimize:
(1)
Creation of or seriously aggravating a traffic or
other hazard.
(2)
Any significant impairment of the use, enjoyment or
value of properties in surrounding areas.
(3)
Any incongruous or detrimental change in the prevailing
character of the neighborhood.
(4)
Any deterioration of the appearance of the area.
A.
If the proposed nonresidential or multifamily building
or buildings are designed to expand or enlarge facilities existing
on October 11, 1966, and presently used for the same or similar purposes,
the Planning Board shall take into consideration, in addition to the
above considerations, the following:
(1)
Changes which have taken place since the erection
of such existing building or buildings which have led to the proposed
expansion or enlargement.
(2)
Any anticipated future need for further expansion
or enlargement.
(3)
Whether the proposed expansion or enlargement is for
educational, religious or benevolent purposes.
(4)
Whether any curtailment of or relocation of the proposed
or existing facilities would result in unnecessary hardship.
(5)
Alternatives, if any, and the relative costs thereof
available to provide for the proposed expansion or enlargement.
(6)
The size and shape of the lot, the size, shape and
location of existing buildings and the relationship thereto of the
proposed expansion or new buildings.
B.
The Planning Board, in determining the requirements
to be imposed in connection with proposed nonresidential and multifamily
buildings designed to expand or enlarge existing facilities, shall
attempt to establish a reasonable balance between any unnecessary
or unreasonable hardship to the users of the existing facilities found
to exist after consideration of the factors set forth above and a
reasonable modification of the standards otherwise applicable to nonresidential
or multifamily buildings.
In the Village Center Area, any application
for site plan approval shall be accompanied by a plan indicating how
the applicant proposes to mitigate any potential impacts upon parking
and traffic conditions which may occur during the period of project
construction. Approval of such a plan, with such modifications as
may be required by the Planning Board, shall be a required element
precedent to site plan approval.
[Added 8-10-2021 by L.L.
No. 5-2021; amended 7-9-2024 by L.L. No. 7-2024]
The site plan shall be accompanied by the following:
A.
A narrative statement detailing the proposed project and site drawing
showing the location and dimensions of principal and accessory structures,
parking areas, signs (with descriptions), existing and proposed vegetation,
and other planned features; anticipated changes in the existing topography
and natural features; and, where applicable, measures and features
to comply with flood hazard and flood insurance regulations and other
environmental matters.
B.
A sketch map of the area which clearly shows the location of the
site with respect to nearby streets, rights-of-way, properties, easements,
and other pertinent features.
C.
Site plan checklist:
(1)
Legal data.
(a)
Section, block, and lot numbers of the property taken from the
latest tax records along with a copy of the most recent property card
on file with the Assessor's office.
(b)
Title of the drawing, including the name and address of the
applicant and person responsible for preparation of such drawing and
the date, and date of revision, if any.
(c)
North arrow, scale, and location map drawn to a scale of not
less than one inch equals 1,000 feet.
(d)
Survey map accurately reflecting existing conditions and defining
precisely the boundaries of the property, setbacks of all structures,
location of easements, and such other information as required by the
Building Inspector or Village Engineer, including a topographical
survey. Such survey shall be certified by a New York State licensed
land surveyor no more than one year prior to the date of the application.
(e)
The locations, names, and existing widths of adjacent streets,
including curblines.
(f)
The location and owners of all adjoining lands as shown on the
latest tax records.
(g)
Copies of:
[1]
The deed to the property;
[2]
All easements; and
[3]
All existing and proposed deed restrictions or covenants applying
to the property, including, but not limited to, covenants and agreements
restricting the use and establishing future ownership and maintenance
responsibilities for all private roads, recreation, and open space
areas.
(i)
Any prior land use approvals with respect to the subject property.
(j)
Any other legal agreements, documents, or information required
by the Planning Board.
(2)
Natural features.
(a)
As defined in Chapter 171 of the Code, the location of all existing watercourses, intermittent streams, freshwater wetland/watercourse buffer areas, and springs.
(b)
Topographic data at a minimum contour interval of two feet,
showing existing and proposed contours on the property and a minimum
of 25 feet into all adjacent properties.
(c)
Approximate boundaries of any areas subject to flooding or stormwater
overflows, including areas of special flood hazard and coastal high-hazard
areas.
(d)
Rock outcroppings and areas of steep slope.
(e)
Pursuant to § 281-25 of this Code, a tree inventory plan, tree preservation plan, and, if required, a tree removal and replacement plan. In addition, such plans shall show the location and characteristics of the different areas of vegetation and tree canopies, including the identification and species of all individual trees six or more inches in diameter at breast height ("DBH") requiring a tree removal permit pursuant to § 281-4, protected and heritage trees of any size, as well as stands of trees and wooded areas, and tree canopies within areas of proposed disturbance.
(3)
Existing structures and utilities.
(a)
Location of all buildings and structures on the premises and
approximate location of all neighboring buildings or structures within
100 feet of the lot line.
(b)
Location of all existing public and private roads, paved areas,
and sidewalks.
(c)
Locations, dimensions, grades, and flow direction of existing
sewers, culverts, waterlines, as well as other underground utilities
within and adjacent to the property.
(d)
Other existing site improvements, including, but not limited
to, fences, landscape walls, retaining walls, landscaping, and screening.
(e)
Location of all existing drainage infrastructure, including,
but not limited to, swales, drainage easements, dry wells, and basins.
(4)
Proposed development.
(a)
Grading and drainage plan, showing existing and proposed contours,
new grades indicating clearly how such grades will meet existing grades
of adjacent properties or the street, and calculations of expected
storm drain loads to be accommodated by the proposed drainage system.
(c)
Location, design, type of construction, proposed use, and exterior
dimensions of all buildings, including length, width, ground floor
elevation, and height.
(d)
Location, design, and type of construction of all parking and
truck loading areas, showing access and egress.
(e)
Provision for pedestrian access.
(f)
Location, size and proposed screening of outdoor storage areas,
if any.
(g)
Location, design, and construction material of all existing
or proposed site improvements, including drains, culverts, retaining
walls, landscape walls, and fences.
(h)
Description of the method of sewage disposal and storm drainage
location, design, and construction material of such facilities.
(i)
Description of the method of securing public water and location,
design, and construction material of such facilities.
(j)
All proposed above- and underground utilities.
(k)
Location of fire and other emergency zones, including the location
of fire hydrants.
(l)
Location, design, and construction materials of all energy distribution
facilities, including electrical, gas, and solar energy.
(m)
Location, size, wording, design, color, illumination, and type
of construction of all proposed signs.
(n)
Location and proposed development of all buffer areas, including
existing vegetative cover.
(o)
Identification of the location and amount of building area proposed
for retail sales or similar commercial activity.
(p)
Landscape plan with a plant schedule that includes the common
name, scientific name, height and/or spread, nursery condition, and
quantities of all plant material proposed and specifications and details
for plant installation and post-planting maintenance.
(q)
Landscape plan shall include all plantings within five feet of the subject property line and/or within the adjoining property buffer, as defined in § 254-4 of this Code. The landscape plan shall also show all mature trees on neighboring properties that are within 10 feet of the subject property line and have a diameter at breast height ("DBH") of 12 or more inches.
(r)
Estimate of earthwork showing the quantity of any material to
be imported to and/or removed from the site.
(s)
Description of measures planned to assure proper erosion and
sedimentation control.
(t)
An estimated project construction schedule.
(u)
Record of application for and approval status of all necessary
permits from state and county officials and local utility companies.
(v)
Identification of any federal, state, or county permits required
for the project's execution, including project referrals, if
any, and environmental review procedures mandated by Article 8, Environmental
Quality Review, of the Environmental Conservation Law (SEQRA).
(w)
The outlines of any proposed easements, deed restrictions, or
covenants.
(x)
Details outlining tree removal, protection, and replacement
plan(s).
(5)
Other elements integral to the proposed development as deemed necessary
by the Planning Board.
D.
Demolition. When so required by § 251-1F, the following shall be required in connection with site plan approval for demolition:
(1)
The Planning Board shall not issue site plan approval for any applicable
demolition until the Planning Board approves a demolition management
plan and site restoration plan. The demolition plan and site restoration
plan shall include, but not be limited to:
(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 to grade the lot to match adjacent grades, all in compliance with Chapter 254, Stormwater Management and Erosion and Sediment Control;
(c)
A requirement that all aboveground and overhead utilities be
removed;
(d)
Where, upon satisfaction of the conditions provided below, the
Planning Board permits 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 will be filed with the Building
Department;
(e)
A plan to protect trees (including the root systems of trees
located on adjacent properties) and other vegetation during demolition
operations;
(f)
A plan showing the extent of the proposed site disturbance, as defined in § 310-4 of this Code, caused by the demolition, including any proposed site disturbance caused by new construction;
(g)
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
(h)
A prohibition against chain-link fencing and gates when demolition
is complete.
(2)
If a site plan application for new improvements is pending, no demolition
permit may be approved or issued 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 Official 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 D(1) above, and failure to seek such approvals shall be a violation of this Code subject to the penalties set forth in § 310-94 of this Code.
E.
Waiver of requirements. The Village Planner may waive any of the
above submission requirements that it believes to be unnecessary based
on the location or scope of the proposed development. Notwithstanding
any waiver granted by the Village Planner, the Planning Board may
require such information or additional submissions as it deems reasonably
necessary to enable it to reach an informed result.
F.
Processing of applications requiring other approvals. For any application requiring site plan approval which also requires approval from the Board of Appeals or Board of Architectural Review, such application must first be submitted to the Planning Board prior to review by such other Board. No site plan approval or demolition site plan approval may be granted by the Planning Board involving the demolition of a substantial part of any building in the Village, as defined in § 182-3E, unless a certificate of appropriateness has been first granted pursuant to Chapter 182, Historic Preservation. No site plan approval may be granted by the Planning Board pending the ultimate determination of an appeal made pursuant to § 182-11A and B of this Code. Any site plan approval issued by the Planning Board shall incorporate any conditions attached to a certificate of appropriateness. Nothing herein shall be construed to prevent the Planning Board from referring an application to the Committee for Historic Preservation due to a change in circumstance or proposed development. Within 62 days of receipt of a complete application, as determined by the Village Planner, the Planning Board shall refer the application, with or without comments, to the other Boards, as applicable and in such order as determined by the Village Planner. The Planning Board shall not issue site plan approval until any required variances or special permits are issued by the Board of Appeals or any certificate of appropriateness is issued by the Committee for Historic Preservation. Any substantial change to an approved site plan made by the Board of Appeals, Committee for Historic Preservation, or Board of Architectural Review, as determined by the Building Inspector in consultation with the Village Engineer and Village Planner, must be reapproved by the Planning Board.
[Added 7-9-2024 by L.L. No. 7-2024]
A.
Any residential or commercial construction project that is subject
to the site plan review and approval of the Planning Board shall be
required to prepare a construction management plan (CMP), unless the
Planning Board waives the CMP requirement. The CMP shall be submitted
as part of the application for site plan approval and shall be reviewed
and approved by the Planning Board and shall be subject to further
and final review and approval by the Building Inspector and the Village
Engineer, prior to the issuance of any permit for the project.
B.
The CMP shall include the following information:
(1)
Schedule. The applicant shall provide a project schedule.
(2)
Job site, facilities, and storage. The CMP shall include the location
on the project site of all loading/unloading areas, job box and material
storage areas, portable toilet(s), dumpsters, on-site temporary power,
any protective fencing around the job site, any trees and vegetation
to be preserved, and any trees and vegetation to be removed. These
and any other construction-related facilities shall not be located
in the public right-of-way without the prior approval of the Building
Inspector.
(3)
Traffic control plan. The traffic control plan shall identify the
path of travel for delivery trucks and emergency vehicles to and from
the project site. In addition, all on- and off-site worker parking
locations shall be identified, including any carpool pickup and dropoff
locations.
(4)
Staging areas. The CMP shall specify construction staging area locations.
The CMP shall also address delivery and construction vehicle staging
for the duration of the project. The staging plan shall estimate the
number of truckloads, number of heavy equipment deliveries, etc.,
expected and their timing and duration for each stage of the project.
(5)
Stone cutting. If stone cutting is proposed to be done on-site, the
CMP shall designate the area where stone is to be cut, the approximate
number of days of stone cutting, and mitigation measures, including
but not limited to noise and dust.
C.
Waiver of requirements. The Building Inspector may waive any of the
above submission requirements that it believes to be unnecessary based
on the location or scope of the proposed development. Notwithstanding
any waiver granted by the Building Inspector, the Planning Board may
require such information or additional submissions as it deems reasonably
necessary to enable it to reach an informed result.
[Added 7-9-2024 by L.L. No. 7-2024]
The following standards are offered to facilitate guidance during
the Planning Board's review and evaluation of a site plan. As
no two parcels of land are exactly alike, and each proposed site plan
introduces a different set of circumstances into the evaluation equation,
the factors to be reviewed and the relative weight given to them will
vary from site to site. Therefore, these standards are not exclusive
nor mandatory, but are to be considered by the Planning Board as they
determine, in their sole discretion, is appropriate.
A.
Landscape and environment. To prevent the unnecessary destruction
of the existing landscape and improvements, particular consideration
shall be given to the following:
(1)
Provision for minimal degradation of unique or irreplaceable land
types and protection of the water flow of aquifers and other ground
watercourses and wetlands;
(2)
Preservation of desirable land characteristics and significant geological
and topographic features;
(3)
Examination of any proposed change in the topography of the site;
(4)
Preservation or replacement of existing trees and treescapes, plants,
and other vegetation;
(5)
Preservation and protection of historical, archaeological and landmark
areas and structures;
(6)
Protection of animal and plant life processes; and
(7)
Underground placement of utility services.
B.
Relationship of structures and open space. To assure harmony between
development and open spaces in the Village, particular consideration
shall be given to:
(1)
Siting of buildings and accessory structures and equipment;
(2)
Landscape design;
(3)
Location and layout of walks, drives, and other site features;
(4)
Preservation of views from the site and from public areas;
(5)
Provisions of screening around and landscape treatment within open
parking and service areas;
(6)
Relationship and scaling of building design and exterior architectural
features to the environment to which it is visually related and to
the pedestrian; and
(7)
Likelihood of nuisances.
C.
Circulation and parking. To determine that the proposal facilitates
safe and appropriate pedestrian access, vehicular traffic movement,
servicing, and parking within the Village, particular consideration
shall be given to:
(1)
Vehicle sight lines at street and drive intersections;
(2)
Provisions for access and movement of fire and emergency vehicles;
(3)
Width and alignment of drives and access roads and layout of parking
and service areas;
(4)
Location and distance of curb cuts in relation to street intersections;
(5)
Effect of traffic generated by the proposed development upon surrounding
streets, intersections, and off-site parking; and
(6)
Appropriateness of location, width, and layout of internal circulation
to the proposed development.
D.
Protection of neighbors. To protect owners and users and the Village
by providing for such matters as:
(1)
Surface water drainage;
(2)
Sound and sight buffers;
(3)
Natural light and air;
(4)
Disposal of solid, liquid, and gaseous waste and for avoidance of
odors and air pollutants; and
(5)
Aspects of design not adequately covered by other regulations which
may have substantial effects on neighboring land uses and the functioning
of the Village and its services.
E.
Compliance with other laws and regulations. To coordinate compliance
with other standards and local, state, and federal laws and regulations
which affect design:
F.
Surface water drainage. The Planning Board's review of stormwater management, erosion, sediment, and pollution control shall be in accordance with Chapter 254 of this Code.
G.
Application to accessory uses. The standards of review prescribed
by this section shall also apply to all accessory buildings, structures,
freestanding signs, and other site features, however related to primary
buildings or structures of a site development.
H.
The Planning Board may refer matters to other land use boards for
review and reporting, and to require performance bonds or other security
sufficient to cover the cost of compliance.
[Added 7-9-2024 by L.L. No. 7-2024]
The Planning Board shall have the authority to impose reasonable
conditions and restrictions as are directly related to and incidental
to a proposed site plan. Upon its approval of the site plan, any conditions
must be met in connection with the issuance of permits by applicable
enforcement agents or officers of the Village.
[Added 7-9-2024 by L.L. No. 7-2024]
At the time of approving the site development plan, the Planning
Board may set forth the time period in which construction is to begin
and be completed. Otherwise, a building permit must be applied for
within 12 months of site plan approval, construction commenced within
18 months of approval, and a certificate of occupancy obtained by
the later of two years from site plan approval or 18 months after
issuance of a building permit. The Planning Board may, in its discretion,
extend any time period it has previously set where it finds that changing
market conditions or other circumstances have acted to prevent the
timely commencement or completion of work and that the developer has
proceeded with reasonable diligence in an effort to assure completion
of the work within the permitted time period. The extension of these
time periods shall not require the holding of a new public hearing.
[Added 7-9-2024 by L.L. No. 7-2024]
