Until further action of the Board of Trustees,
the Planning Board of the village is hereby authorized and empowered
to:
A. Report on any proposed final action by the Board of
Trustees to change or add to the Official Map of the village so as
to create or abandon streets, highways or parks or to change the Village
Zoning Map or the Village Code provisions on zoning and related matters.
B. Report on any proposed final action by the Board of
Trustees to adopt or change any map of the village or any part thereof
relating to extensions or relocations into new areas of primary elements
of the storm drainage or sanitary sewerage systems or the water distribution
pipe system but excluding replacements or reinforcements to meet operating
problems.
C. Report on any proposed final action by the Board of
Trustees with respect to the location and site plan for public buildings
and the location and development of bridges, statues or monuments,
parking areas, parks, parkways, squares, playgrounds or recreation
grounds or public open spaces in the village.
D. Approve plats showing lots, blocks or sites, with
or without streets or highways, and to conditionally approve preliminary
plats.
E. Approve site plans for the erection, enlargement or alteration of buildings on lots located at a distance from any street, pursuant to §
310-19 of Chapter
310, Zoning, of the Code of the Village of Scarsdale, and for lots approved under the provisions of Village Law § 7-738.
F. Approve site plans for the erection, enlargement or alteration of nonresidential buildings and multifamily dwellings, pursuant to Chapter
251, Site Plan Review, of the Code of the Village of Scarsdale.
G. Approve subdivision applications submitted pursuant to Village Law § 7-738 and to modify applicable provisions of Chapter
310, Zoning, of the Code simultaneously with the approval of plats in Residence A Zoning Districts, subject to the provisions of §
A319-45 of the Code. The Board is also authorized to require an applicant to submit an application pursuant to Village Law § 7-738 on lots with an area of 40,000 square feet or larger.
[Amended 5-12-1998 by L.L. No. 5-1998]
H. At intervals of no more than five years, conduct hearings,
review the village's Comprehensive Plan and make recommendations thereon
to the Board of Trustees.
[Amended 9-27-1994 by L.L. No. 10-1994]
I. Advertise and hold public hearings when the Planning
Board desires or when required by law or the Planning Board's rules
and regulations.
J. Consider changes to the rules and regulations relating
to any subject matter over which the Planning Board has jurisdiction,
after a public hearing. Recommendations for changes to the rules and
regulations shall be made to the Board of Trustees, and adoption shall
be by local law.
[Amended 9-27-1994 by L.L. No. 10-1994; 9-22-1998 by L.L. No. 13-1998]
K. Review and act upon applications for the conduct of a controlled activity in freshwater wetlands as defined in Chapter
171, Freshwater Wetlands, of the Code of the Village of Scarsdale, and report on any proposed action by the Village Board to amend the Freshwater Wetlands Map.
[Amended 10-12-1999 by L.L. No. 11-1999; 12-13-2011 by L.L. No. 5-2011]
L. Hear appeals from rulings of the Village Engineer and decide on requests for variances from the requirements of Chapter
167, Flood Damage Prevention, of the Code of the Village of Scarsdale.
M. Make recommendations to the Board of Trustees on monetary
payments in lieu of land donations in new subdivisions, pursuant to
Village Law § 7-730, Subdivision 4(c).
[Amended 5-12-1998 by L.L. No. 5-1998]
N. Require such performance bonds, insurance and warranties
as may be provided for under Article 7 of the Village Law.
O. Employ experts, clerks and a secretary and to pay
for the services and such other expenses as may be necessary and proper,
not exceeding in all the appropriations which may be made for the
Planning Board by the Board of Trustees.
P. Impose such reasonable conditions and safeguards as
it may deem appropriate in connection with the approval of any application.
Q. Hear appeals from rulings of the Village Engineer and decide on requests for waivers from rulings on curb cuts, as contained in §
256-23, as provided in §
256-23I, and on rulings on freshwater wetlands applications, as contained in §
171-6A, as provided in §
171-12A.
[Added 9-22-1992 by L.L. No. 7-1992; amended 10-12-1999 by L.L. No. 11-1999]
R. Approve special use permits for nonresidential uses and buildings as specified in Chapter
310, Zoning.
[Added 9-27-1994 by L.L. No. 10-1994]
S. Consider and report on such other matters as may from
time to time be referred to the Planning Board by the Board of Trustees.
[Amended 9-27-1994 by L.L. No. 10-1994]
T. Exercise such further powers as may be delegated by
resolution or local law adopted or enacted by the Board of Trustees
or conferred on planning boards by State law.
[Amended 9-27-1994 by L.L. No. 10-1994]
U. Hear, review, and determine appeals from rulings of the Village Engineer
regarding tree removal and replacement pursuant to the requirements
of Chapter 281-4C and 281-5B of the Code of the Village of Scarsdale.
[Added 2-13-2019 by L.L.
No. 2-2019]
V. Approve site plans for 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.
[Added 8-10-2021 by L.L.
No. 5-2021]
[Amended 3-26-2024 by L.L. No. 4-2024]
Each of the matters referred to in §
77-1A,
B and
C above shall be referred to the Planning Board for report thereon before final action thereon by the Board of Trustees, and no such final action shall be taken until it has received such report. The Planning Board shall report on any such matters so referred to it by the Board of Trustees within 30 days from the date of the referral or such other time set forth in the referral resolution, unless such time shall be extended by resolution of the Board of Trustees in connection with any such matter. If the Planning Board shall fail to report within the time so fixed, the Board of Trustees may, in its discretion, act upon such matter.
Pursuant to § 7-728 of the Village
Law, the Planning Board is authorized and empowered to approve the
development of subdivisions, entirely or partially undeveloped, which
have been filed as plats in the office of the Clerk of Westchester
County or which have been otherwise created, prior to the creation
and appointment of the Planning Board on October 1, 1974, and no building
permit shall issue in connection with any such subdivision lot unless
a plat showing such lot has been approved by the Planning Board and
all applicable conditions imposed in connection with such approval
shall have been complied with.