[Added 11-21-2006 by Ord. No. 259-2006]
A. The Planning Board is authorized to deny site plan applications if the proposed building's form, massing, and exterior facade is incompatible with the immediate area and neighborhood area surrounding the site, in accordance with Goals F and N, as stated in Article
I, Purpose, of this Code. The City hereby finds that monotonous similarity, striking
dissimilarity, visual discord or inappropriateness, and visually offensive,
incompatible, or other poor quality of design in the exterior appearance
of buildings or structures can adversely affect the desirability of
the immediate area and neighboring areas, impair the use of property,
impact the stability in value of both improved and unimproved property
in such areas, prevent the most appropriate development, and contribute
to the diminution of the taxable value of property in such areas and
their ability to support municipal services provided therefor.
B. It is the purpose of this section to preserve and
promote distinctive community character and appearance and to conserve
property values throughout the City, to enhance the attractiveness
of residential and business areas, which are the economic mainstays
of the community, by providing procedures for a professional architectural
review of certain buildings and structures henceforth erected, reconstructed,
or altered and thereby to:
(1)
Encourage good qualities and appearances of
the exterior design of buildings and structures;
(2)
Relate such design and appearances to the sites
and surroundings of buildings and structures:
(3)
Demonstrate originality and resourcefulness
in building design and appearances which are considered appropriate
to the sites and surroundings: and
(4)
Prevent such design and appearances as are considered
inappropriate and detrimental to the visual environment.
C. It is the intent of the City to ensure high standards,
and consistent criteria, for the design of commercial, industrial,
municipal, recreational and certain residential buildings and structures.
D. It is the intent of this section to create a Professional
Architectural Review Committee (PARC) within the Department of Development
to assist and serve as an adjunct to the Planning Board in its review
of the architectural features and physical details of applications
brought before it.
E. PARC recommendation to Planning Board; fee; written
documentation.
(1)
The PARC shall recommend approval, approval with conditions, or disapproval of any complete site plan or Major Subdivision application referred to it by the Planning Board Clerk with respect to building elevations, facade design, and urban design elements. For a site plan application or Major Subdivision application entailing less than 50,000 square feet of new construction or addition, two PARC-licensed architects shall make a joint recommendation to the Planning Board with respect to building elevations, facade design, and urban design elements. For site plan application or Major Subdivision application entailing 50,000 square feet or more of new construction or addition, all recommendations shall be voted on by a majority of three PARC-licensed architects. For Major Subdivisions containing three or more dwelling units, the PARC-licensed architects shall make recommendation to the Planning Board after the applicant has submitted the required information identified in §
A361-12M, Preliminary Layout and Data, of the Land Development Regulations. The fee for PARC review shall be paid by the applicant at the time of site plan or Major Subdivision application, which fee shall be in addition to the regular fees for site plan or Major Subdivision approval. Such fees are set forth in Chapter
133, Fees.
[Amended 4-19-2016 by Ord. No. 94-2016]
(2)
The PARC shall, within 30 days of receipt of
the required submittal package, provide written documentation of recommendations
made for each application and keep a copy in the official application
files kept by the Planning Board.
F. Determining factors for recommendation of approval
or approval with conditions. The PARC shall recommend approval, or
approval with conditions, of a site plan and/or Major Subdivision
application submitted for its review by the Planning Board Clerk with
respect to building elevations, facade design, and urban design elements,
provided that the project, in the opinion of the PARC, substantially
satisfies the following conditions:
(1)
Encourages good qualities and appearances of
the exterior design of buildings and structures;
(2)
Relates such design and appearances to the sites
and surroundings of buildings and structures;
(3)
Demonstrates originality and resourcefulness
in building design and appearances which are considered appropriate
to the sites and surroundings; and
(4)
Prevents such design and appearances which are
considered inappropriate and detrimental to the visual environment.
G. Determining factors for recommendation of disapproval.
The PARC may recommend disapproval of any application, provided that
findings are made that the building or structure for which the permit
was requested, if constructed, erected, altered, or demolished as
indicated, would result in one or more of the harmful effects set
forth by reason of:
(1)
Monotonous similarity to any other building
or structure located, or proposed to be located, in the vicinity of
the site of the building or structure for which a building permit
is requested, with respect to one or more of the following features
of exterior design and appearance:
(a)
Substantially identical facade;
(b)
Substantially identical size and arrangement
of doors, windows, porticos, porches, or garages, or other openings
or breaks of extensions in the facade, including reverse arrangements:
or
(c)
Other substantially identical features, such
as, but not limited to, roofline and height, widths and lengths of
elements of the building design, and exterior materials and treatments.
(2)
Striking dissimilarity, visual discord or inappropriateness
with respect to other buildings or structures located, or proposed
to be located, in the vicinity of the site of the building or structure
for which a building permit is requested, with respect to one or more
of the following features of exterior design and appearance:
(b)
Size and appearance of doors, windows, porticos,
porches or garages or other openings or breaks or extensions in the
facade; or
(c)
Other significant design features, such as,
but not limited to, height, widths and lengths of design elements,
exterior materials and treatments, roof structures, lighting posts
and fixtures, exposed mechanical equipment, storage areas, and other
physical features.
(3)
Visually incompatible or other poor qualities
of exterior design, including, but not limited to, considerations
of the compatibility or discord of colors, or incompatibility of the
proposed building or structure with the terrain on which it is to
be located, including, but not limited to, excessive divergence of
the height or levels of any part of the building or structure from
the grade of the terrain.
H. In addition to the factors enumerated in §
331-117.1G, the PARC may recommend disapproval of any site plan application in the Downtown Retail Core, provided that findings are made that the building or structure for which the application was filed, if altered, constructed or demolished as indicated, would result in one or more of the following harmful effects set forth by reason of:
[Added 9-16-2008 by Ord. No. 181-2008]
(1)
The building does not display street frontage
which furthers and enhances a continuous, active, pedestrian retail
experience.
(2)
Building facades and appurtenances are not visually
compatible with existing and nearby buildings, public ways and places
to which such elements are visually related.
(3)
The building design does not maximize fenestration
on the ground-floor level and encourage window displays and viewing
by pedestrians.
(4)
Entranceways and facade elements do not contribute
to the creation of an attractive downtown commercial environment.
(5)
Exterior building appurtenances are not visually
compatible with the buildings to which they are attached or other
buildings in the area or with the character encouraged in the Downtown
Business District insofar as materials, texture, colors, and design
are concerned.
I. Plans recommended for approval, approval with conditions,
or disapproval. Upon recommendation of approval, approval with conditions,
or disapproval by the PARC, the site plan or Major Subdivision shall
be forwarded to the Planning Board, accompanied by a written explanation
of the reasons for the PARC recommendation. The Planning Board shall,
in its own discretion and with the authority granted to it by this
Code, make a determination to approve, approve with conditions, or
deny the site plan or Major Subdivision application submitted.
The following documents shall be submitted to
the Board for site plan approval:
A. Site plan requirements. Site plan, legibly drawn in
and reproduced in sheets not exceeding 30 inches by 40 inches, at
a scale not smaller than 20 feet to the inch shall be submitted a
minimum of 16 days prior to the meeting. A long form environmental
assessment form (EAF) or draft environmental impact statement shall
accompany the plans. The plans shall include the following:
[Amended 5-21-2003 by Ord. No. 106-2003; 4-20-2004 by Ord. No. 90-2004; 11-21-2006 by Ord. No. 259-2006]
(1) Proposed project name, date, North point, scale, name
and address of owner, developer, engineer, architect and site planner
(including seal of professional preparing site plan), tax block and
lot number or numbers and name of the City and county in which the
site is located.
(2) A vicinity map, at a scale not less than 100 feet
to an inch, showing tax lot lines and the buildings on each of the
contiguous lots.
(3) Boundaries of the property; easements; watercourses;
marshes; flood zones; rock outcrops; wooded areas, single trees, with
species identified, having a diameter of eight inches or more, measured
at 54 inches above grade, topographic conditions and elevations; and
other significant existing features on or within 100 feet of the property
to be developed.
(4) Existing and proposed contours at intervals of two
feet or less, referred to a datum specified by the City Engineer;
basement and first floor elevations; curb elevations at street intersections
and at all building entrances; existing and proposed grade differentials
and treatment thereof at all property lines. If necessary for clarity,
the Board can suggest a grading plan shall be submitted as a separate
drawing.
(5) Adjacent roadways and sidewalks, including the location,
width, and finished grades of proposed public and private streets,
ways, roads, and sidewalks, along with pavement type and profiles.
(6) The location, size and design of all existing and
proposed water mains, sanitary sewerage lines, valves, hydrants and
storm drainage systems or other such utility facilities, including
connections to any existing such facilities. A drainage report prepared
by a licensed professional civil engineer who designed the drainage
system and supervised soil percolation tests shall also be submitted
for site plans involving dry wells, bio-filter retention basins, and
other drainage facilities that utilize on-site retention or detention
systems. The report shall meet the requirements of the NYS DEC General
Permit for stormwater discharge, particularly if site disturbance
is one acre or greater in area. An engineering report prepared by
a licensed professional engineer demonstrating that the existing sanitary
and water supply systems have capacity to accommodate the project
demands shall be submitted.
(7) Location, dimensions and entrances of all proposed
buildings on the site and any existing structures to remain.
(8) Location and dimensions of driveways, pedestrian walkways,
exterior and interior parking and loading spaces and play areas.
(9) Location and dimensions of all yards and courts and
distances between buildings at the points where they come closest
to one another.
(10)
Location and types of retaining walls, guardrails
and other protective features.
(11)
Zoning districts within and adjacent to the
site.
(12)
Preliminary architectural plans showing at least
three different exterior facade elevations of the proposed building,
with such architectural plan showing in detail specifications of materials
and colors to be used on the exterior facade elevations, at a scale
of no less than 1/8 inch to one foot, in a format acceptable to the
Department of Development.
(13)
An analysis, with photographs, demonstrating
that the proposed construction is harmonious and compatible architecturally
with the neighborhood.
(14)
The location, design and proposed screening
of outdoor storage areas, including proposed provisions for storage
and refuse collection, electric and communications equipment and all
planned structures, including outdoor electric generators and fuel
storage tanks.
(15)
A description of measures planned to assure
proper erosion and sedimentation control, both during and after construction,
with reference to Westchester County's Best Management Practices Manual
for Construction Related Activities, Standards and Specifications.
A plan showing the phasing of construction, limits of site disturbance,
construction access and storing of material and equipment shall be
provided at a scale of no less than one inch equals 100 feet.
(16)
Location, type, and size of all security grilles
or similar security grates or devices, and the type and hours of operation
of internal lighting security, after close of business, if applicable.
(17)
Landscape plan, including the following:
(a)
A title block with the name of the project,
name of person preparing the plan, a scale, North arrow, and date;
(b)
A tree survey by a licensed land surveyor, architect,
landscape architect, or engineer showing the species and number of
all existing trees with a caliper of eight inches or greater and measured
54 inches above grade, within 20 feet of the area proposed to be disturbed
by the project, including disturbances related to grade changes and
changes in drainage, and any other eight-inch-diameter tree(s) outside
the aforementioned area, which are proposed to be removed;
(c)
All existing and proposed structures on site;
(d)
Existing vegetation, including trees, to be
saved;
(e)
Methods and details for protecting existing
vegetation, including trees, during construction;
(f)
Plant lists or schedules with the botanical
and common name, quantity, spacing and size of all required and proposed
vegetation, including trees;
(g)
Locations and description of other landscape
improvements, such as earth berms, walls, fences, screen, sculptures,
fountains; and
(h)
Planting and installation details as necessary
to ensure conformance with all required standards.
B. Contributions required for sewer inflow/infiltration mitigation
for applications filed outside of the Downtown Overlay Zone shall
be determined by the Department of Public Works based upon additional
inflow as set forth in the calculations below.
[Added 12-13-2016 by Ord.
No. 272-2016]
|
100 gallons per day (GPD) per person (PP) x 3 = Total GPD
|
C. Any additional data the Board reasonably determines
necessary for its proper consideration of the site plan.
[Amended 7-16-2002 by Ord. No. 139-2002; 5-21-2003 by Ord. No. 106-2003; 4-20-2004 by Ord. No. 90-2004]
A. Multifamily residential landscaping requirements.
Landscaping for residential development in multifamily residential
zoning districts shall include an appropriate number of shade and
evergreen trees as shall be determined by the Planning Board in its
approval of the site plan. Any application to construct a development
of multifamily dwellings requiring any parking lot shall include provisions
for a buffer screening area at least 10 feet in width along any lot
line abutting a privately owned lot in a one-family or two-family
residence district.
B. Nonresidential and mixed-use zoning districts landscaping
requirements. Any application to construct any building or structure
or any parking lot in any nonresidence district or nonresidential
use in a residence district or for a new Active Recreational Use or
Expansion of Active Recreational Use which requires alteration by
grading, drainage systems, Structures, and/or the creation of artificial
or non-natural playing surfaces shall include provisions for the landscaping
of all pervious surfaces with appropriate ground cover and/or grass
and shall also include the planting of shade, ornamental, and evergreen
trees, in accordance with the following schedule. These regulations
shall apply to any nonresidential use located within a residential
zoning district. These requirements shall not apply to self-storage
facilities located in the LI Light Industrial District and the Fifth
Avenue Overlay Zone (FA). The Planning Board has the authority to
waive the requirements for deciduous and evergreen plantings and to
substitute alternative species, when, in its judgment, such substitution
is desirable:
[Added 6-19-2007 by Ord.
No. 165-2007; amended 10-20-2009 by Ord. No. 199-2009; 5-20-2015 by Ord. No. 117-2015]
(1)
Buffer: A buffer screening area at least 10
feet in width along any lot line abutting a lot in a residence district
that includes an opaque fence six feet in height and one deciduous
tree for every 20 linear feet shall be provided along the entire property
line abutting a residence and mixed-use district.
(2)
Landscape strip along right-of-way: A minimum
five-foot-wide landscape strip between a right-of-way and the parking
lot, planted with a minimum of one deciduous tree and 10 shrubs for
every 35 linear feet of frontage (excluding driveway openings), shall
be provided.
(3)
Perimeter landscaping: A landscape strip at
least five feet in width, that includes at least one deciduous tree
and a continuous row of evergreen shrubs, shall be required for every
35 linear feet of the perimeter.
(4)
Additional landscape treatment. All interior
landscape areas (except where existing vegetation is preserved) shall
be landscaped with grass, ground cover, shrubs, or other appropriate
landscape cover.
(5)
Existing vegetation. The preservation of existing
vegetation is strongly encouraged and may be used to meet the requirements
of this section, provided the Planning Board determines that the intended
purpose of this section is achieved.
C. A maintenance bond.
(1)
A maintenance bond in the amount of 125% of
the cost of materials and installation shall be required for all landscaping
to assure that all landscaping shall conform with an approved landscaping
plan and that the landscaping survives in a healthy condition. However,
the Building Official shall determine the amount of the maintenance
bond for projects and shall consider the financial impacts of the
one-hundred-twenty-five-percent performance bond standard on all projects
the Board reviews. The maintenance bond shall be held for a minimum
of five full years, beginning at the date of the issuance of the certificate
of occupancy. The Planning Board may extend the bond period if deemed
necessary to ensure plant survivability.
(2)
In addition to the maintenance bond, provision
must be made for the Building Official to enter the property to inspect
the landscaping and, after notifying the owner of any deficiencies,
the Building Official shall require that the maintenance bond be used
to pay for the replacement of any landscaping which is required in
accordance with the approved landscaping plan. If the property owner
fails to replace dead, dying, diseased, stunned or infested plant
materials, the Building Official may also require that the maintenance
bond be used to replace approved but deficient plant materials. The
owner of the landscaping shall be required to perform all normal maintenance,
including mowing, pruning, trimming, watering, fertilizing, mulching,
pest control, weed control required of newly installed plant materials,
including restaking and reguying of disturbed trees and plants and
restoring proper drainage and water supply for plant materials in
perpetuity.
D. Approval procedures. All applicable requirements of
these landscaping regulations shall be implemented through the site
plan or special permit approval processes. In all other cases, not
involving site plan or special permit approval, these landscaping
requirements will be enforced by the Building Official, if required
by code, prior to granting a certificate of occupancy.
E. Exemptions. These requirements may be waived by the
Planning Board in situations where the Board determines that adjoining
land uses, topographic features or existing vegetation satisfy the
same purpose. The Planning Board may allow the substitution of a wall
or fence of location, height, design and materials meeting the requirements
of this section, for all or part of the required planting.
[Amended 7-16-2002 by Ord. No. 139-2002; 9-16-2003 by Ord. No. 204-2003; 5-15-2007 by Ord. No.
121-2007; 6-19-2007 by Ord. No. 165-2007]
The following shall be deemed to be minimum
requirements and shall not be waived by the Planning Board:
A. The site plan shall conform to all the requirements
specified in the Zoning Chapter.
B. The layout of buildings, driveways, walks, parking
and loading spaces, and other features of the site plan shall be established
with due regard to:
(1) Public convenience and safety.
(2) Proposed use of the site.
(3) Proper relation to pedestrian and vehicular traffic,
and to uses in the adjacent areas.
(4) Topography and other land features.
C. The layout of the site plan shall be arranged in a
manner acceptable to the Board.
D. Driveways shall not exceed the following grades:
(1) In residential development: 10%.
(2) In nonresidential development: 8%.
[Amended 2-19-2013 by Ord. No. 39-2013]
(3) Within 30 feet of the street right-of-way line, in
residential or nonresidential development: 3%.
E. Obstructions to visibility over 2.5 feet high, other
than trees with a trunk diameter of under 18 inches, shall be prohibited
in the triangles formed by the street right-of-way line, the edge
of the driveway and a line joining points located along the street
right-of-way line and the edges of the driveway, 30 feet from their
intersection.
F. Driveways shall intersect street lines at right angles
and shall be located at least 30 feet from a street corner.
G. Grades of open parking and loading areas shall not
exceed 6%.
[Amended 2-19-2013 by Ord. No. 39-2013]
H. The site plan shall comply with all requirements set forth in Chapter
215, Nonstormwater Discharges, of the New Rochelle City Code.
J. If development of the site is for a new Active Recreational
Use or Expansion of Active Recreational Use in an ROS zoned district
which requires alteration by grading, drainage systems, Structures,
and/or the creation of artificial or non-natural playing surfaces,
the Planning Board shall establish conditions regarding the hours
and frequency of operation of such Use which conditions shall be realistic
and enforceable and shall mitigate, to the extent possible, any adverse
environmental (including but not limited to traffic, noise, and/or
visual) impacts which might be created by such Use.
[Added 10-16-2008 by L.L. No. 3-2008; amended 6-19-2018 by Ord. No. 2018-125]
A. Purpose. Recognizing the overall benefits of publicly
accessible art located on privately owned sites and the improvements
such art can bring to the design, architectural excellence, neighborhood
vitality and quality of life for the community as a whole, it is determined
that any project in excess of 50,000 square feet of gross floor area
shall provide, as part of the process of site plan approval by the
New Rochelle Planning Board, a private art betterment as governed
by this section. this private art betterment shall be mandated as
part of the site plan review process with the further requirement
that the private art betterment shall be at a scale commensurate with
the proposed project and at a cost not less than 0.0025 multiplied
by the construction cost of the project.
B. Definitions. As used in this section, the following
terms shall have the meanings indicated:
CONSTRUCTION COST
The construction cost of a project subject to site plan review, being the same cost used for purposes of determining the building permit fee payable under §
111-42C(1) of the City Code.
PRIVATE ART BETTERMENT
A construction of artistic merit located on private property
which is easily visible and/or accessible to the public with the primary
purpose of providing aesthetic expression to historical, emotional,
spiritual, community or abstract themes.
C. Site plans subject to private art betterments.
(1)
Any application to the Planning Board for site plan approval filed pursuant to Chapter
331, Zoning, for any project in excess of 50,000 square feet of gross floor area shall include a plan for a private art betterment which shall be commensurate with the scale of the proposed project and shall be easily visible and/or accessible to the public.
(2)
The private art betterment shall be a condition
of site plan approval, subject to final approval by the Municipal
Art Commission.
[Amended 6-19-2018 by Ord. No. 2018-125]
D. Minimum cost for private art betterment. In all cases,
there shall be a minimum threshold cost for the private art betterment
which shall be not less than 0.0025 multiplied by the construction
cost of the project. The estimated cost of the private art betterment
shall be included as part of the site plan application, which cost
shall be verified by the applicant prior to issuance of the first
building permit for the project.
E. Determination by Municipal Art Commission. In making
its determination to grant, deny, or grant with conditions the private
art betterment as required under this section, the Muinicipal Art
Commission shall consider the following factors:
[Amended 6-19-2018 by Ord. No. 2018-125]
(1)
Is the scale of the private art betterment commensurate
with the overall scale of the project?
(2)
Is the private art betterment consistent with
the surrounding environs and does it express a genuine artistic and
aesthetic content?
(3)
The recommendation(s) made by the Municipal
Art Commission and PARC and any response(s) to said recommendation(s)
made by the applicant.
F. Payment in lieu of private art betterment. In lieu of providing a private art betterment as required by §
331-120.1C(1) of this article, an applicant for site plan approval may make a payment in satisfaction of this requirement prior to the issuance of the first building permit for the project subject to site plan approval, which fee shall be deposited to the City's Public Art Betterment Fund. This fund shall be used to provide arts to the benefit of the public. Such fee shall be paid in accordance with the payment schedule set forth in §
331-120.1D.
[Added 11-15-2016 by Ord.
No. 239-2016]
Unless otherwise specifically set forth by the
Planning Board in connection with its approval of a site plan, such
approval shall expire if a building permit is not issued within one
year from the date of approval and if all construction work is not
completed within two years of the date of issuance of such permit.
Upon application to the Planning Board, extensions totaling a maximum
of 12 months may be granted to each of these time periods, for appropriate
cause.