Village of Scarsdale, NY Chapter 77 Planning Board

[HISTORY: Adopted by the Board of Trustees of the Village of Scarsdale 11-14-1989.[1] Amendments noted where applicable.]

GENERAL REFERENCES

Environmental quality review — See Ch. 152.

Flood damage prevention — See Ch. 167.

Freshwater wetlands — See Ch. 171.

Site plan review — See Ch. 251.

Zoning — See Ch. 310.

Subdivision of land and Planning Board regulations — See Ch. A319.

[1] Editor's Note: This adoption superseded former Ch. 77, Planning Board, adopted 3-22-1983, as amended.

§ 77-1 Powers and duties.

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;[1] amended 10-12-1999 by L.L. No. 11-1999]

[1] Editor's Note: This local law also renumbered former Subsections Q and R as Subsection R and S, respectively.

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]

§ 77-2 Action on referral from Trustees.

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 60 days from the date of the referral, 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.

§ 77-3 Issuance of building permits on newly established lots.

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.