Village of Ardsley, NY Site Plan Review

Except as otherwise specifically provided in a particular zone or district, in any district where plans or uses require Village Board of Trustee site plan approval, no building permit shall be issued and no structure or use shall be established or changed except in conformity with a site plan approved and endorsed by the Board of Trustees in accordance with this chapter with its date of approval; and no certificate of occupancy for any structure or use shall be issued until all the requirements of such site plan and any conditions attached thereto have been met. The continued validity of any certificate of occupancy shall be subject to continued conformance with such approval plan and conditions. Revisions of such plans shall be subject to the same approval requirements.

§ 167-2 Application for site plan approval.

Twelve copies of the application for approval of a site plan shall be presented to the Village Clerk at least one week before the next scheduled Board of Trustees meeting and shall be accompanied by a nonrefundable administrative fee in the amount of $250 plus $25 per required parking space.

Such application shall set forth the names and addresses of the applicant and property owners(s), if other than the applicant [written authorization from the owner(s) to submit the application shall be required where the applicant is not the owner of the affected property], and the planner, engineer, architect, surveyor and/or other professionals engaged to work on the project; the location and tax designation of the land proposed to be developed; a copy of a deed establishing the applicant's title to the site or a contract in which the applicant will acquire such title upon closing; the names of the owners of the adjoining properties within a radius of 200 feet from each property line; the substance of any covenants, grants, easements or any other restrictions, either existing or proposed, to be imposed upon the land or buildings, including easements for public utilities; the projected schedule for development; and a list of all permits, approvals and referrals required.

Contents of site plan.

(1)

The application shall also include a site plan prepared by a registered architect or professional engineer, which plan shall contain or be accompanied by the following information:

(a)

A location map showing the applicant's entire property and adjacent properties (including buildings) and streets, at a convenient scale (specified by the reviewing body).

(b)

The title of the proposed development; the date prepared and revision dates, if any; a North arrow; a map scale; the names and addresses of the record owner of the property, the applicant (if different), the engineer, the architect, land planner and/or the surveyor preparing the site development plan.

(c)

The boundaries of the property, plotted to scale, with metes and bounds of all property lines shown.

(d)

The location of any existing streets, easements, rights-of-way, reservations or areas dedicated to public use.

(e)

The required building setback lines as set forth in Chapter 200, Zoning, of the Code of the Village of Ardsley.

(f)

Existing topography at a vertical contour interval of two feet or less, including adjacent properties and roads within 100 feet of the boundaries of the subject property.

(g)

The location of any existing wetlands, watercourses, intermittent streams, areas subject to flooding, rock outcrops, wooded areas, single trees with a diameter of eight inches or more measured three feet above grade, soil types, depth to bedrock (if available) and any other similar existing significant site features. Any such features proposed to be disturbed or removed shall be so indicated.

(h)

The proposed location, use and architectural design of all buildings and other structures.

(i)

Any proposed division of buildings into units of separate occupancy.

(j)

The location of all existing and proposed off-street parking and truck loading areas, with access and egress drives thereto, and the locations and widths of proposed streets and driveways, if any. Also to be shown shall be the location of possible or proposed interconnections with existing or potential future off-street parking and loading areas on adjacent properties, with the objective of maximizing traffic and parking efficiency and minimizing driveway curb cuts.

[Amended 3-18-1996 by L.L. No. 1-1996]

(k)

The proposed grading plan.

(l)

The location of existing and proposed outdoor storage areas, if any.

(m)

The location and design of all existing and proposed site improvements, including pavement, walks, curbing, drains, culverts, water lines, sanitary sewers, solid waste receptacles, recycling facilities, retaining walls and fences.

(n)

The location, design and size of all signs, including traffic control and directional signs.

(o)

Landscaped buffer zones shall be provided on property fronts and abutting side and rear yards. No parking or building improvements shall be located in buffer areas. The location, height, type, quality and design of all landscaping and buffer screening areas, including a proposed planting schedule, prepared by a qualified landscape architect.

(p)

The location, design, shielding, power and proposed hours of operation of any lighting, power and communication facilities.

(q)

The location and design of the proposed stormwater drainage system, along with drainage calculations to be separately submitted.

(r)

The proposed location, size, design and use of all temporary structures and storage areas to be used during the course of construction.

(s)

A table illustrating how the proposed development to the various requirements of Chapter 200, Zoning, of the Code of the Village of Ardsley, including calculations for building areas and parking areas.

(t)

A signature block for Village Board of Trustees endorsement of approval.

(u)

Any other pertinent information, including all necessary drawings, specifications, covenants, easements, conditions and modifications, as may be determined necessary by the Board of Trustees or the Planning Board to provide for the proper enforcement of Chapter 200, Zoning.

(v)

The proposed location and design of all pedestrian circulation facilities, including pedestrian circulation between the proposed use(s) and off-street parking spaces, public sidewalks and neighboring properties.

[Added 3-18-1996 by L.L. No. 1-1996]

(w)

Proposed hours of operation for any nonresidential use. The Board of Trustees, in reviewing the site plan, may limit such hours of operation as it deems appropriate to preserve and protect the residential character, peace and quiet of the community.

[Added 3-18-1996 by L.L. No. 1-1996]

(2)

The above data may be shown on as many sheets as necessary for clarity or convenience. All sheets must be no larger than 36 inches by 48 inches and at a scale no smaller than one inch equals 30 feet. Each sheet must indicate the date of preparation and the latest revision date, if any, and must be signed by the licensed professional responsible for its preparation.

(3)

Upon determination by the Board of Trustees that, due to the unique conditions of a particular site, certain of the above-required information is inappropriate or unnecessary, the Board may waive the provision of such information.

In addition, any application for site plan approval in a Conservative or Clustered Housing (CCH) District shall include a preliminary plat, at a scale of not greater than one inch equals 50 feet, showing a conventional subdivision layout conforming to all requirements of the underlying zone, and a statement of why the public interest would be served by the proposed development, set forth in detail to satisfy the objectives stated in § 200-30B of Article VI of Chapter 200, Zoning.

All submissions or revisions submitted must be received 10 days prior to any meeting in respect thereto in order for the matter to be placed on the agenda unless modified by the Board of Trustees.

Stormwater pollution prevention plan. A stormwater pollution prevention plan consistent with the requirements of Articles I and II of Chapter 171 shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Article II of Chapter 171. The approved site plan shall be consistent with the provisions of Chapter 171.

[Added 3-21-2005 by L.L. No. 4-2005; amended 9-2-2008 by L.L. No. 4-2008; 12-20-2010 by L.L. No. 1-2011]

§ 167-3 Site plan approval procedure.

Coordination with State Environmental Quality Review. Site plan approval is an action subject to review under the State Environmental Quality Review (SEQR) regulations. The Village Board of Trustees shall be the lead agency for SEQR purposes in connection with the review of any site plan application requiring its approval. All required elements of the site plan approval shall not be considered complete until either a draft environmental impact statement has been accepted by the lead agency or until such agency has adopted and filed a negative declaration. The approval or conditional approval of a site plan application shall not occur until a SEQR findings statement has been adopted or a negative declaration has been filed.

Planning Board review. Each time a submission is made to the Village Clerk in connection with an application for site plan approval, said submission shall immediately be forwarded to the Village Board of Trustees and referred to the Village Planning Board for its review and report. The Planning Board shall act in an advisory capacity to the Board of Trustees in connection with all aspects of the site plan application, including in the SEQR processing.

Board of Architectural Review. Upon determination by the Board of Trustees that an application for site plan approval is complete, the application, including any reports and recommendations submitted by the Planning Board, shall be referred to the Village Board of Architectural Review for review and recommendation as to the suitability of the proposed building design and material. Within 45 days of the date of such referral, the Board of Architectural Review shall conduct its review and submit its report and recommendations to the Board of Trustees. The purpose of such review shall be to help assure that the building design and materials will be consistent and harmonious with the general character of the surrounding properties and neighborhood.

Public hearing. Within 60 days of the date that the Board of Trustees has determined the site plan application to be complete, a public hearing shall be held, with notice as required by law. Where a draft environmental impact statement (DEIS) has been prepared and accepted, the public hearing on the DEIS shall be combined with the site plan hearing. In addition, at least 10 days prior to such public hearing, excluding the day of mailing and including the day of the hearing, a notice of such public hearing shall be sent by registered or certified mail by the applicant to the owners of record of all land, any portion of which is within 200 feet of any portion of the affected land. A sworn and notarized certificate or affidavit of compliance with this subsection, listing the names and addresses of the persons to whom such notice was so mailed, the date of mailing and setting forth a copy of the notice mailed, shall be submitted to the Village Clerk at least 10 days prior to the hearing. The cost of giving the required notice to the owners of record of all land within 200 feet of the affected land shall be paid by the applicant. The cost of preparing and having published the notice of hearing in the official newspaper of the village shall be paid by the village.

[Amended 9-2-1997 by L.L. No. 5-1997]

Standards and objectives. The Planning Board and the Board of Architectural Review, in preparing their reports and recommendations, and the Board of Trustees, in preparing its decision, shall be guided by the basic objective of protecting the public health, safety, welfare and property values of the community and, in connection therewith, shall require as modifications of the proposed plan or conditions of approval any appropriate actions which would further that objective, taking into consideration the following specific standards and criteria:

(1)

The maximum safety of traffic and pedestrian access, including both on-site and off-site circulation.

(2)

Conformance of the site plan with the Master Plan of the Village of Ardsley, as such may be adopted and modified, from time to time.

(3)

Protection of the established character, use and value of neighboring properties, particularly those in residence districts.

(4)

The maximum reasonable protection of the natural environment, including flora and fauna.

(5)

The reasonable, year-round screening of parking and service areas, and other nonresidential uses from the view of adjacent residential properties and streets.

(6)

The minimum off-site drainage impact.

(7)

The minimum dissemination of smoke, gas, fumes, dust, odor or other atmospheric pollutant.

(8)

The protection of the quality of surface and subsurface water supplies.

(9)

The prevention of physical hazard by reason of fire, explosion, radiation or other similar cause.

(10)

The prevention of noise or glare beyond the boundaries of the site.

Decision. Within 60 days of the date of the close of the public hearing or 30 days of the date of the completion of the SEQR process, whichever last occurs, the Board of Trustees shall act either to approve or disapprove the site plan application. The decision of the Board of Trustees shall immediately be filed in the office of the Village Clerk and a copy thereof mailed to the applicant.

Phased development. The Board of Trustees, in approving or conditionally approving a site plan application, may authorize phase construction, provided that each such phase conforms to the standards and criteria set forth in this chapter and is designed to function in a safe and proper manner, even if subsequent phases are not developed.

Recreation fee. As a condition of site plan approval in a CCH or R-4 District, the applicant shall be required to make payment to the Village of Ardsley of the recreation fee set forth in the fee schedule in Chapter A210, which sum 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.

[Amended 9-2-1997 by L.L. No. 4-1997]

Effect of approval. The approval of a site plan by the Board of Trustees shall authorize the Village Building Inspector to issue all necessary permits in accordance therewith. Prior to such approval, no construction permit of any kind shall be issued.

Expiration of approval. In the event that the applicant fails to begin substantial construction, including footings and foundations, within one year from the date of final approval by the Board of Trustees, said approval shall be deemed null and void, unless said time period is extended by the Board of Trustees upon good cause.

As-built site plans. Upon completion of construction, two copies of an as-built site plan shall be submitted to the Building Inspector, which plan shall show all elements of the site as actually constructed. No certificate of occupancy shall be issued until the site plan has been reviewed by the Building Inspector and found to be in compliance with the approved sited plan.

Performance guaranties. As a condition of final approval, the applicant shall agree to install all site improvements and the Village Board of Trustees shall require the posting of adequate performance guaranties to insure the installation of all such improvements. Such performance guaranties shall be in the amount sufficient to cover the cost of all such improvements, as estimated by the Planning Board, And shall include an agreed-upon date for the completion of said improvements and shall be in a form satisfactory to the Village Attorney. Said performance guaranties may be in the form of a performance bond which shall be issued by a bonding or surety company approved by the Village Board of Trustees and shall include an agreed-upon date for the completion of said improvements. Said performance guaranties may be for a period of time to be determined by the Planning Board and may include, without limitation, continuing performance guaranties to insure the maintenance and replacement of landscaping features required as a condition of final approval. The amount of the performance guaranties shall be reduced by the Planning Board when portions of the required improvements have been completed. The Board of Trustees may require substitution of a cash bond for a performance bond in the event that the value of the work necessary for the completion of any site improvements (including maintenance and/or replacement of landscaping features) shall be less than $100,000.

Independent consultants. In order to assure that the processing of any application submitted hereunder progresses in accordance with the requirements of this section, the Board of Trustees may retain professional consultants (including architectural, engineering and environmental consultants) whose reasonable fees and expenses shall be paid by the applicant.