A.
Approval of a final site plan by the Planning Board
is required for the development or redevelopment of any property or
structure for a new use, the expansion or relocation of any existing
use or any change of use of a property or structure. Single-family
dwellings, two-family dwellings, buildings accessory to single-family
and two-family dwellings and municipal uses do not require site plan
approval. Where site plan approval is required, applications for the
issuance of a building permit must be accompanied by a copy of the
approved final site plan. No preliminary site plan and no final site
plan shall be submitted to the Planning Board as to any property situated
within an RO Research Office District for a period of 90 days from
the effective date of this amendment.
[Amended 10-4-1983; 5-7-1985; 6-7-1994]
B.
All site development and all use of the property shall
be in conformance with the approved site plan and such additional
standards and safeguards as the Planning Board may impose as a condition
of approval. No certificate of occupancy or certificate of compliance
shall be issued until all such requirements have been met. Continued
conformance with the approved final site plan shall be a requirement
of the continued validity of any such certificate of occupancy or
certificate of compliance.
C.
No exterior
lighting shall be installed, replaced, altered, changed, relocated,
enlarged, moved, improved or converted unless it conforms to a lighting
plan approved by the Town of Bedford Planning Board or, after reviewing
the proposed changes, the Town Director of Planning deems them insignificant.
[Added 5-17-2011 by L.L. No. 4-2011]
[Added 12-19-1989]
No preliminary or final site plan application
shall be accepted and no preliminary or final site plan approval shall
be granted where the Building Inspector has found a violation of this
chapter and where such violation has not been corrected.
The Planning Board shall not approve a duly
submitted preliminary or final site plan, unless it shall find that
such plan conforms to the requirements of this chapter. In reviewing
the site plan, the Planning Board shall also take into consideration
the public health, safety and general welfare and shall set appropriate
conditions and safeguards which are in harmony with the general purpose
and intent of these regulations, particularly in regard to achieving
the following:
A.
An adequate, convenient and safe vehicular and pedestrian
circulation system, so that traffic generated by the development will
be properly handled both within the site and in relation to the adjoining
street system.
B.
A site layout that will have the minimum adverse effect
upon the established character or potential use of any adjoining properties.
C.
The reasonable screening at all seasons of the year
from the view of adjacent residential properties and streets of all
parking and loading areas or other features that, in the opinion of
the Planning Board, require such screening.
D.
A drainage system which, to the satisfaction of the
Town Engineer, is designed to accommodate expected loads from the
tributary watershed when developed to the maximum density permitted
under the existing zoning standards.
E.
The underground installation of all utilities and
services, including lines and equipment, for providing power and/or
communication, in order to achieve greater safety and improved appearance.
F.
Conformance of the final site development with the
Town Development Plan.
G.
Consideration of the project's impact on the natural
and man-made environment, with emphasis on minimizing the adverse
effects thereon.
H.
A plan which takes advantage of solar access. Wherever
reasonably feasible, all future buildings shall be sited so that they
may take advantage of solar access. Factors to be considered in this
regard shall include the orientation of the proposed building with
respect to sun angles, the shading and windscreen potential of existing
and proposed vegetation, both on and off the site, and the impact
on solar access of existing and potential buildings off the site.
I.
The site
plan shall be designed so that the created landscape is harmonious
with the natural features of the site.
[Added 7-14-2009 by L.L. No. 5-2009]
J.
The relationships
of improved areas and open spaces are designed to be harmonious with
existing structures, terrain and landscape.
[Added 7-14-2009 by L.L. No. 5-2009]
K.
Reasonable
provisions are made for sight and sound buffers, the preservation
of views, light and air, and those aspects of structure, improvement
and land design not otherwise regulated that may have substantial
effects on neighboring land uses.
[Added 7-14-2009 by L.L. No. 5-2009; amended 5-17-2011 by L.L. No.
4-2011]
L.
New designs
of structures, improvements and land are consistent and harmonious
in relationship to existing streetscapes and the predominant architecture
of the area.
[Added 7-14-2009 by L.L. No. 5-2009]
M.
All outdoor lighting meets the standards of Chapter 125, § 125-41, in addition to the following standards:
[Added 5-17-2011 by L.L. No. 4-2011]
(1)
All
exterior lighting fixtures shall protect adjacent properties from
glare and light trespass.
(2)
Photometric
studies for parking lots, sidewalks and other walkways shall include
light contributions from nearby side-mounted building lights, freestanding
sidewalk lights and streetlights.
(3)
All
exterior luminaires, including luminaires installed under canopies,
shall be full cutoff fixtures, as defined by the IESNA.
(4)
Exterior
lighting fixtures shall be equipped with a lamp or lamps of a total
not to exceed 1,800 lumens per fixture and, to the extent possible,
be full cutoff lighting.
(5)
Automatic
teller machine (ATM) and other bank lighting shall be full cutoff
and shall not cause glare or light trespass. Light levels shall not
exceed the minimum standards under the New York State ATM Lighting
Law, as may be amended from time to time.
(6)
Illumination
levels shall not exceed the recommendations of the IESNA RP-33-99
Lighting for Exterior Environments by more than 10%.
(7)
The
Planning Board may require operable photocells, motion sensors, or
timers that allow a light to go on at dusk and off by an appropriate
evening hour, as well as shields to alleviate nuisance and disability
glare.
(8)
The
Planning Board may require reflector markers, lines, signs or other
passive means for illumination be used in order to avoid excessive
or unnecessary light.
(9)
The
Planning Board may require parking area lights to be greater in number,
lower in pole height and lower in light level, as opposed to fewer
in number, higher in pole height and higher in light level in order
to avoid excessive or unnecessary light.
(10)
The Planning Board may require the use of bollard lighting rather
than pole lighting.
A.
Procedure. Prior to submission of a final site plan,
the applicant shall submit to the Planning Board one copy of a completed
preliminary site plan application form and four copies of a preliminary
site plan showing the information listed below.
B.
Required data. All of the following information shall
be indicated on the preliminary site plan drawn at a scale of not
less than one inch equals 30 feet:
(1)
The title of the development, date, North point, scale,
name and address of the owner of record and of the applicant, if other
than the owner, and of the engineer, architect, landscape architect
or surveyor preparing the plan.
(2)
Area and boundaries of the subject property, section
and lot numbers of the subject property, adjacent and existing zoning
and special district boundaries, building or setback lines as required
by this chapter, lines of existing streets and adjoining lots as shown
on the Town's Official Tax Maps and reservations, easements and other
areas dedicated to public or special use.
(3)
Existing and proposed contours at a maximum vertical
interval of two feet.
(4)
Outline and elevations of the pavement of abutting
streets and of proposed means of vehicular access to and from the
site.
(5)
Locations of existing wetlands, watercourses, storm
drains and utility facilities and proposed modifications or additions
thereto.
(6)
The proposed use or uses of land and buildings, existing
and proposed, and location and finished floor levels of all buildings.
(7)
Number of proposed parking and loading spaces, and location and elevations of these areas. (See Article X.)
(8)
Location and layout of proposed recreation areas,
when required.
(9)
General plan for buffer screening and other site landscaping.
(10)
General plan showing staged development, if
intended.
A.
Procedure.
(1)
After the waiver, approval or approval with modifications
of the preliminary site plan application, the applicant shall submit
to the Planning Board one copy of a completed final site plan application
form and four copies of a proposed final site plan, showing the information
listed below.
(2)
Additional copies of the proposed final site plan
shall at the same time be submitted to the Westchester County Department
of Public Works or the New York State Department of Transportation,
as appropriate, for review of access point locations and improvements
within the street right-of-way and, in the case of multifamily development,
to the Westchester County Department of Health for review of the proposed
means of water supply and sewage disposal. Approval by these agencies
will be required prior to the granting of final site plan approval
by the Planning Board.
(3)
Where the staging of a development over a period exceeding
one year is contemplated, the final site plan shall show only those
stages for which construction will begin within one year of the date
of final approval by the Planning Board. A plan showing the plan for
the ultimate development of the property shall also be submitted.
B.
Required data. All of the following information shall
be indicated on the final site plan, which shall be drawn on sheets
not larger than 24 inches by 36 inches and at a scale of not less
than one inch equals 30 feet:
(1)
The title of the development, date, revision dates,
if any, North point, scale, name and address of the record owner and
of the applicant, if other than the owner, and of the engineer, architect,
landscape architect or surveyor preparing the site plan.
(2)
Area and boundaries of the subject property, section
and lot numbers of the subject property, adjacent zoning and special
district boundaries, building or setback lines as required in this
chapter, lines of existing streets and adjoining lots as shown on
the Town's Official Tax Maps and reservations, easements and other
areas dedicated to public and special use.
(3)
The names of all owners of record of all adjacent
properties.
(4)
Locations and dimensions of all existing buildings,
retaining walls, fences, rock outcrops, wooded areas, single trees
with a diameter of eight inches or more measured three feet above
the base of the trunk, watercourses, marshes, water supply, sanitary
sewerage, storm drainage and any other utility facilities and of any
other significant existing features on the premises. All significant
existing features within 20 feet of all property lines shall also
be shown.
(5)
Existing and proposed contours at a maximum vertical
interval of two feet.
(6)
Proposed use or uses of all land and buildings, and,
where only a portion of a property is to be occupied by the development,
the boundaries and area of such portion, including required screening
and setback areas.
(7)
Outline and elevations of the pavement of abutting
streets and of proposed means of vehicular and pedestrian access to
and from the site.
(8)
Location, layout and numbers of proposed off-street parking and loading spaces, where provided. (See Article X.)
(9)
Location and layout of proposed recreation areas,
where required.
(10)
Finished floor elevation of buildings, finished
grades of walls, pavements and storm drains.
(11)
Detailed construction plans of retaining walls,
steps, ramps, paving and drainage structures.
(13)
Estimate of all earthwork, including the quantity
of any material to be imported to or removed from the site or a statement
that no material is to be removed or imported.
(14)
Location and dimensions of all proposed water
supply, sanitary sewerage, storm drainage and other utility lines
and equipment, including connections to existing facilities.
(15)
Detailed landscaping plan, including type, size
and location of all materials used and plans for buffer screening
and fencing.
(16)
Proposed location, type, design, size, color
and illumination of all signs.
(17)
Lighting fixture type (including cutoff characteristics,
manufacturer and model number), design, shielding details, mounting
height, location, direction, lamp type and power (lumen output and
wattage), controls and hours of operation of all existing and proposed
outdoor lighting. Additionally, a detailed point-by-point photometric
study including all existing and proposed lighting showing the horizontal
illumination levels at grade in footcandles shall be submitted. The
maximum spacing between calculation points shall be 10 feet. Photometric
studies for parking lots, sidewalks and other walkways shall include
light contributions from nearby side-mounted building lights, freestanding
sidewalk lights and streetlights.
[Amended 5-17-2011 by L.L. No. 4-2011]
(18)
Conditions specified by the Board of Appeals,
Planning Board or Town Board in the approval of any variance or special
permit related to the subject property.
Where required by the New York State Environmental
Quality Review Law (SEQR), additional information concerning the environmental
impact of the proposed development may be required as a part of the
preliminary and/or final site plan application.
Where, due to special conditions peculiar to
a site or to the size, nature or complexity of the proposed use or
development of land or buildings, the Planning Board finds that additional
data is necessary for the proper review of the site plan, the Board
may require any or all of such data to be included in the required
submission of said plan.
A.
The Planning Board shall review a preliminary site
plan application and either waive, disapprove, approve with changes
or approve the application without undue delay. The proposed final
site plan application shall be approved, approved with changes, disapproved
or waived by the Planning Board within 45 days after the receipt of
a complete final site plan application by the Planning Board. When,
in the opinion of the Planning Board, it is deemed necessary or advisable,
a public hearing may be held during such review period. Failure on
the part of the Planning Board to act within the above specified time
shall be deemed to constitute approval of the respective plan, unless
the time limit is extended by mutual agreement of the applicant and
the Planning Board. The decision of the Planning Board shall be filed
in the office of the Town Clerk, and a copy thereof shall be mailed
to the applicant.
B.
At such time as the Planning Board finds the site
plan to be in suitable form for final approval, four copies of the
plan must be submitted. Two of the copies with Planning Board approval
endorsed thereon will be returned to the applicant.
C.
Approval of any final site plan shall be by the Planning
Board, and any building or use permit issued by the Building Inspector
for the development or use of such land shall only be issued subject
to compliance with such approved site plan and any restrictions imposed
in relation thereto by the Planning Board and any certificate of occupancy
or certificate of compliance issued by the Building Inspector shall
only be issued subject to continued compliance with such approved
site plan and any restrictions imposed in relation thereby by the
Planning Board, Board of Appeals or the Town Board.
[Amended 10-5-1992]
Upon a finding by the Planning Board that, because
of the particular character or limited nature of a new development
or change in use or special conditions peculiar to a site, the submission
of a preliminary and/or final site plan or of certain portions of
the information normally required as part of the site plan is inappropriate
or unnecessary or that strict compliance with said informational requirements
will cause extraordinary and unnecessary hardship, the Planning Board
may vary or waive such submission wherever, in the opinion of the
Board, such waiver will not be detrimental to the public health, safety
or general welfare. No such waiver shall be granted unless and until
all amounts due to the Town as real estate taxes and special assessments
on the subject property, together with all penalties and interest
thereon, shall have been paid.
[Added 6-14-1983]
The Town Engineer shall supervise site plan
compliance and shall receive a site plan inspection fee. The Town
Engineer may, on approval of the Town Board, hire additional staff
to assist in the supervision of site plans.
[Amended 6-14-1983]
A.
Upon completion of any development or redevelopment
pursuant to an approved final site plan and prior to the issuance
of a certificate of compliance by the Building Inspector, the applicant
shall submit to the Town Engineer an as-built plan, prepared and certified
by a licensed engineer, architect, landscape architect or surveyor,
showing the location of all site improvements as constructed. Such
plan shall be based on a field survey.
B.
Said as-built plan shall be reviewed by the Town Engineer
to determine if it is in compliance with the approved final site plan.
The Town Engineer shall specify its compliance with or variation from
the approved final site plan in a written report and shall file one
copy with the Building Inspector and one copy with the Planning Board.
If variations from the approved final site plan exist, an amended
site plan shall be filed with the Planning Board for review in accordance
with the same procedures required for initial applications.
[Added 6-14-1983]
A.
The Building Inspector may issue a certificate of
compliance after receipt of a report from the Town Engineer stating
that all site work has been completed pursuant to the approved final
site plan.
B.
A temporary certificate of compliance may be granted
by the Building Inspector only under the following conditions:
(1)
That the nature of the site work to be completed does
not adversely affect public health or safety or the proper function
of the site.
(2)
That a written report is received from the Town Engineer
recommending such temporary certificate of compliance.
(3)
That security is given to the Town to ensure completion
of any uncompleted site work shown on the approved site plan. In this
case, the applicant shall furnish the Town Engineer with a budget
estimate of the site work to be deferred.
(4)
That a temporary certificate of compliance shall not
be valid for more than one year, and that no more than one temporary
certificate of compliance may be issued.
(5)
If, after one year from the date of the issuance of
the temporary certificate of occupancy, the remaining site work has
not been completed, the Town Board shall utilize the security to perform
the necessary remaining site work in compliance with the approved
site plan.
[Added 6-14-1983]
A.
During construction, the Town Engineer may authorize
or require, at his own determination or upon the request of the applicant,
minor adjustments to the approved site plan when such adjustments
are necessary in 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 spirit and intent of the approved site plan.
B.
Where unforeseen conditions are encountered which
require any material change to an approved site development plan or
where the developer wishes to modify the approved plan for other reasons,
an amended site plan shall be filed with the Planning Board for review
in accordance with the same procedures required for initial applications.
[Amended 6-14-1983]
Approval of any final site plan shall expire
unless a building permit or certificate of occupancy or certificate
of compliance is applied for within a period of 18 months from the
date of the signing of the final site plan by the Planning Board,
except where the staging of development over a longer period has been
specifically provided for at the time of site plan approval. The Planning
Board may extend the site plan approval for not more than two six-month
periods.
[Amended 6-14-1983]
Fees for preliminary and final site plan approval
and for site plan inspection are listed in the fee schedule as adopted
by the Town Board.[1]
[1]
Editor’s Note: Former § 125-99.1, Reimbursement
for professional consulting services, added 12-5-1995, which immediately
followed this section, was repealed 3-26-2018 by L.L. No. 2-2018.
