In those "districts" and for those "buildings"
and "uses" where site plan approval by the Planning Board is required
under the terms of this chapter, the Planning Board is hereby authorized
to review and approve, approve with modifications or disapprove site
plans, which plans shall be prepared to specifications as set forth
in this chapter and in the regulations of the Planning Board, if and
as such may be adopted. The Planning Board is further authorized to
require site plan approval for individual residential "lots" where
determined appropriate by said Board in connection with the granting
of subdivision approval. Where site plan approval is required, no
"building" permit or certificate of conformance shall be issued by
the Building Inspector until and unless such a plan shall have been
approved by the Planning Board, and no certificate of occupancy or
certificate of conformance for a "building" or "use" shall be issued
until all of the requirements of such approval, including any conditions
attached thereto, shall have been met.
The Planning Board shall not approve a site
plan unless it shall find that such plan conforms to the requirements
of this chapter, as well as to other applicable laws and regulations
and is properly related to the policies and recommendations of the
Town Development Plan. 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 this chapter,
particularly in regard to achieving the following standards:
A.
Traffic access. The number, location and design of
all proposed driveways, in terms of their width, length, grade, alignment,
visibility and relationship to the existing "street" system and neighboring
properties and land "uses" shall be such that maximum safety and function
will be achieved.
B.
On-site circulation and parking. Adequate and convenient
off-"street" parking and "loading spaces" shall be provided to prevent
parking in public "streets" of vehicles belonging to any persons connected
with or visiting the proposed "use." The interior circulation system
shall be adequate to provide safe access to all "buildings," "structures"
and required off-"street" parking, including access for firefighting
and for the handicapped.
C.
Pedestrian circulation. An adequate and safe pedestrian
circulation system shall be provided to permit safe access to "uses"
on the site from the "street" and from all "parking areas."
D.
Landscaping and buffering. All ground mounted solar arrays, parking,
loading and service areas shall be screened in a reasonable manner
at all seasons of the year from the view of adjacent residential lots
and streets. The general landscaping of the site shall be designed
in an attractive manner and, wherever possible, desirable natural
features existing on the site shall be protected and retained.
[Amended 12-8-2016 by L.L. No. 3-2016]
E.
Lighting. Outdoor lighting shall be provided on the
site to assure the safe movement of vehicles and persons and for security
purposes. Such lighting shall be properly designed and shielded so
as to avoid glare, prevent visibility of the source of the light from
areas off-site and other undesirable impacts on neighboring properties
and "streets."
F.
Protection of natural and cultural resources. The
Planning Board shall endeavor to adequately protect any resources
of local, State, and/or national significance. To this end, the Planning
Board shall assure conformance with this chapter as well as with the
Town Freshwater Wetlands Law, the Town Flood Damage Prevention Law[1] and all other applicable Town, County, state and federal
laws and regulations.
G.
Drainage. The proposed stormwater drainage system
shall be adequate to prevent any increase in the rate of surface runoff
or otherwise contribute to downstream flooding during a storm of any
magnitude up to and including a one-hundred-year frequency storm.
H.
Water and sewage. The proposed systems for water supply
and sewage collection and disposal on the site shall be adequate to
serve the needs of all proposed "uses" on the site without adversely
impacting neighboring properties or "uses."
I.
Solid waste. Adequate provisions shall be made for
the storage, collection, recycling and disposal of solid waste. Such
facilities shall not be permitted to adversely affect neighboring
properties or public facilities.
J.
"Building" design. The "height," location and size
of the proposed "buildings" shall be in conformity with the requirements
of this chapter. All such "buildings," utilities and other "structures"
shall harmoniously relate to each other, the site and neighboring
properties.
K.
Signage. All proposed "signs," including on-site directional "signs" and "building" "signs," shall meet the requirements of the Town Sign Law (Chapter 88), shall be adequate to provide reasonable information to the public and shall be in harmony with the design of the site and "buildings" and with neighboring properties.
L.
Hours of operation. For "uses" that could create negative
impacts to neighboring properties by reason of noise, traffic, lighting
or other impacts, the Planning Board may limit the hours of operation
to mitigate such impacts.
M.
Other public needs. The Planning Board shall assure
that other public needs, including but not limited to the provision
of recreational facilities and open space, as well as other needed
services, are adequately and properly met.
A.
Submissions. The applicant shall submit to the Planning
Board 10 copies of a completed site plan application.
B.
Application fee reimbursement of professional review fees. An application fee shall accompany each such application in an amount set forth in a fee schedule as may be amended from time to time by resolution of the Town Board. The Planning Board may require the establishment of an escrow account deposit in accordance with § 113-94C herein to reimburse the Town for the costs of professional review fees charged in connection with the review of the application. If the Planning Board shall not deem it necessary to establish an escrow account, the applicant shall still be responsible for reimbursing the Town for charges incurred for professional review services in accordance with § 113-94B.
C.
Notice of an initial Planning Board application shall
be the responsibility of the applicant. Such a notice shall include
a Notice of Application and such other information as the Planning
Board may deem appropriate and shall be sent, via mail, at least 14
days prior to the next scheduled meeting in which said application
is to be heard.
[1]
Editor's Note: This local law also redesignated
former Subsections C through G as D through H, respectively.
D.
Required data. All of the following information shall
be indicated on the site plan or submitted as part of or supplement
to the site plan application unless specifically waived by the Planning
Board. The site plan shall be drawn at an appropriate scale.
(1)
Title of development, date, revision dates, if any,
North point, scale, name and address of record owner and of applicant,
if other than owner, and of the engineer, architect, landscape architect
or surveyor preparing the site plan. Where the applicant or owner
is a corporation, the Planning Board may require the names and addresses
of all officers, directors and principal stockholders of said corporation.
Written authorization from the owner(s) to submit the application
shall be required where the applicant is not the owner of the affected
property.
(2)
Area and boundaries of the subject property, section
and "lot" numbers of the subject property, adjacent zoning and "district"
boundaries, "buildings" or setback lines as required in this chapter,
lines of existing "streets" and adjoining "lots" as shown on the Tax
Maps and reservations, easements and other areas dedicated to public
and special "use."
(3)
A vicinity map showing the relationship of the property
to adjacent and nearby properties, "streets," all contiguous landholdings
and other features.
(4)
The names and mailing addresses of all owners of record
of all adjacent properties.
(5)
Location and dimensions of all existing "buildings"
and other "structures," poles, retaining "walls," stone "walls," "fences,"
rock outcrops, wooded areas, single trees with a diameter of six inches
or more measured 4 1/2 feet above the ground, controlled areas
as defined in the Town Freshwater Wetlands Law and/or state-designated
wetlands as defined in the State Freshwater Wetland Act,[2] water supply, sanitary sewerage, storm drainage and any
other utility facilities and of any other significant existing natural
and cultural features within 100 feet of all property lines shall
also be shown.
(6)
Existing and proposed contours at a maximum vertical
interval of two feet both for the site and for an area extending at
least 25 feet beyond the property boundary. The source of topographic
information shall be ground observations or recent aerial survey data,
subject to the approval of the Town Engineer.
(7)
Proposed "use" or "uses" of all land and "buildings."
(8)
Outline and elevations of the pavement of abutting
"streets" and of proposed means of vehicular and pedestrian access
to and from the site.
(9)
Location, layout and numbers of proposed off-"street"
parking and "loading spaces."
(10)
Location and layout of any proposed recreation
areas.
(11)
Proposed finished floor and "basement" elevations
of "buildings," "finished grades" of walls, pavements and storm drains.
When the site is within, or near as determined by the Building Inspector,
the Town Engineer or the Planning Board, a designated flood hazard
area, such elevations shall be on the United States Geological Survey
Datum.
(12)
Detailed construction plans of proposed retaining
walls, steps, ramps, paving and drainage "structures."
(13)
Expected storm drainage loads and a stormwater
management plan.
(14)
Estimates 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. A certification from
a geological engineer or other qualified professional as to the source,
content and suitability of any material to be imported or used for
fill shall be provided.
(15)
Location and dimensions of all proposed site
improvements, including water supply, sanitary sewerage, storm drainage
and other utility lines and equipment, including connections to existing
facilities. The nature of any industrial waste shall be identified,
and the means for its disposal shall be described. The applicant's
engineer shall identify any condition that may result in denial of
on-site water supply or a separate sewage disposal system by the Westchester
County Health Department.
(16)
Detailed landscaping plans, including type,
size and location of all materials used and plans for buffer screening
and fencing.
(17)
Proposed location, type, design, size, color
and illumination of all "signs."
(18)
Proposed type, design mounting "height," location,
direction, shielding, power and timing of all outdoor lighting along
with the design of any power and communication facilities.
(19)
Conditions specified by the Board of Appeals
or Town Board in the approval of any variance or special permit related
to the subject property.
(20)
Any proposed division of "buildings" into units
of separate occupancy and detailed breakdowns of all existing and
proposed floor space by type of "use" and floor level.
(21)
Any other information determined necessary or
appropriate by the approving agency in order to provide for the proper
administration and enforcement of this chapter.
E.
Additional standards regarding commercial septic systems. In order to assure that the design, construction, operation and maintenance of septic systems of commercial establishments is undertaken so as to protect the public health and to protect the quality of surface and ground water supplies of the Town of Pound Ridge, the installation, repair, extension or alteration of a septic system serving any commercial "use" shall be undertaken in conformance with the standards of this chapter regarding commercial septic systems. These standards shall be in addition to any other septic system regulations which may be required by any state or County law or regulation. These standards shall also apply to subsurface septic disposal areas intended to serve a commercial "use" whenever application for special permit or site plan approval has been made pursuant to Article VIII or IX of this chapter. These standards are as follows:
(1)
For any activity which requires the site plan approval
of the Planning Board or the approval of a special permit by the Town
Board, the following information in addition to that specified in
Subsection C(3) shall be submitted on a plot plan prepared by a licensed
professional engineer as part of the application for approval.
(a)
Location of the existing and proposed septic
disposal area and proposed expansion areas.
(b)
Location of the proposed well and any existing
wells, sewage disposal area, bodies of water, wetlands and culverts
within 200 feet of the proposed disposal area and expansion area.
(c)
Locations of deep test holes and percolation
test holes, as required by the Westchester County Health Department
and by Subsection D(2)(a) below:
(2)
Each proposed sanitary septic disposal area and expansion
area shall be so designed as to meet the minimum requirements of the
Westchester County Department of Health and, in addition, shall meet
the following standards:
(a)
Deep test holes and percolation test holes shall
be dug in both the proposed disposal area and the expansion area in
accordance with the schedule below:
[1]
One deep test hole and two percolation test
holes for every 2,000 square feet or fraction thereof of proposed
disposal area and for every 2,000 square feet or fraction thereof
of proposed expansion area.
[2]
In order to assure that existing subsurface
conditions are fully explored and documented, the Town Engineer may
require that additional test holes be dug at locations to be designated
by said Engineer.
[3]
Upon selection and approval of the test hole
sites, the applicant shall notify the office of the Town Engineer
who shall witness the tests.
(b)
In both the areas proposed for primary disposal
and system expansion, the groundwater level shall not be less than
four feet below the undisturbed existing ground surface unless otherwise
permitted by the Town Engineer. This shall be verified by application
as consistent throughout the year. If the groundwater level cannot
be verified by other field indicators, then, at the discretion of
the Town Engineer, deep hole and percolation tests shall be limited
to the months of March 1 through June 15, or as specifically designated
by the Town Engineer.
(c)
No primary septic disposal area or proposed
expansion area may be located in an area where percolation rate tests
have exceeded 15 minutes per inch.
(d)
In the site proposed for the primary septic
disposal area or proposed expansion area, there shall be at least
six feet from the existing, undisturbed ground surface to rock. This
shall be verified at the time of deep test hole inspection by a designated
Town representative.
(e)
No primary septic disposal area or proposed
expansion area may be located within 25 feet from any property line.
(f)
Curtain drains shall be located at least 15
feet from the disposal area on the upgrade side and 25 feet from the
sides of the disposal area. Curtain drains shall not be permitted
adjacent to the septic system in any location downgrade of the subsurface
flow.
(g)
Other conditions of septic system design may
include engineering improvements required by the Town Engineer and
approved by the Planning Board or other otherwise required to ensure
conformance with other local laws and regulations.
(h)
For subsurface, on-site septic designs, other
than leaching trenches, the Planning Board may establish additional
guidelines and procedures in accordance with the generally accepted
engineering standards.
F.
Review by other agencies. The Planning Board shall,
where appropriate, submit copies of the site plan application to the
Building Inspector, the Town Engineer and the Highway Department.
The Planning Board may also submit copies for information, review
and comment regarding facilities under their jurisdiction to any local,
County, state or federal agency with jurisdiction. All agencies shall
have 30 days from the date of forwarding to submit a written report.
Such time limit may be extended by mutual agreement with the applicant.
The Planning Board shall, in addition, forward copies to the Westchester
County Planning Board at least 30 days prior to final action, when
such proposed development abuts a state or County highway, park, drainage
channel or "building" site in accordance with § 239-m of
the General Municipal Law. An act contrary to the recommendations
of the County Planning Board shall require a vote of a majority plus
one of all the members of the Planning Board. Within 30 days after
final action, the Planning Board shall file a report of the final
action it has taken with the County Planning Board.
G.
Staged development. Where the staging of a development
is contemplated, a plan for the ultimate development of the entire
property shall be submitted. The site plan shall show and shall be
approved for only the stage(s) for which construction will begin within
12 months of the date of final approval by the Planning Board.
H.
Additional submissions. Where, due to special conditions
unique 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 are necessary for the proper review of the site
plan, the Board may require such data to be included in the required
submission of said plan.
[Amended 5-4-2006 by L.L. No. 4-2006]
The Planning Board shall schedule and conduct
a public hearing on each site plan application, except in those cases
where the hearing requirement may be waived by said Board, within
62 days from the date of the meeting at which a proper and complete
application has been received. Notice of said public hearing shall
be the responsibility of the applicant. Such a notice shall include
a copy of the application and such other information as the Planning
Board may deem appropriate, and be sent, by way of certified mail,
at least 14 days prior to the date of said hearing at which the application
is to be heard. Notification shall be sent to all property owners
of record within a distance of 500 feet from the boundary of the property.
A receipt verifying said notice has been sent and received, or that
best effort has been made, shall be submitted to the Planning Board
Secretary at least five days prior to said meeting.
Within 62 days of the date of the close of the
public hearing, or of the date that the application was received if
no hearing has been held, the Planning Board shall decide whether
to approve, approve with modifications or disapprove the site plan.
The time at which the Planning Board must arrive at its decision may
be extended at the request of the applicant or as necessary for the
Planning Board to complete all necessary environmental review requirements
pursuant to the State Environmental Quality Review Act (SEQRA).[1] A copy of the Board's decision shall be filed in the office
of the Town Clerk within five business days after such decision is
rendered, and a copy thereof mailed to the applicant.
[1]
Editor's Note: See Environmental Conservation
Law Article 8.
A.
The Planning Board may require such conditions, modifications and safeguards in conjunction with its approval of a site plan as said Board determines necessary to assure that the requirements and intent of the Town's applicable laws, regulations and plans will be complied with. Such conditions may include any applicable requirement which the Planning Board has heretofore been empowered by virtue of provisions of the Town Law to impose as a requirement with regard to the approval of plats and such reasonable conditions and restrictions as are directly related to or incidental to a proposed site plan. All required improvements, and compliance with all applicable laws and regulations of the Town Code, shall be guaranteed by a performance and restoration bond, or other suitable form of financial security deemed acceptable by the Town Attorney, in accordance with the provisions of § 113-92.1. The Planning Board shall also have the power to waive, subject to appropriate conditions, any requirements as, in its judgment of the special circumstances of a particular site plan, are not requisite in the interest of the public health, safety and general welfare. Such conditions of approval shall include adequate provisions for improvements to be made within the "street" right-of-way where such improvements may be necessitated by the additional pedestrian and/or vehicular traffic to be generated from the new, enlarged or changed development, and such improvements shall be designed to be consistent with the overall improvement plan for such "street(s)."
[Amended 4-11-2003 by L.L. No. 4-2003]
B.
Conditions for approval for the installation, repair,
extension or alteration of a commercial septic system shall include
conformance with the Planning Board's regulations for commercial septic
systems. These regulations shall be in addition to any other septic
system regulations which may be required by any state or County law
or regulation.
Site plan approval obtained pursuant to the
procedures and requirements in this chapter shall expire if a building
permit is not issued and construction begun within a period of one
year or if construction is not completed within a period of three
years from the date of approval.
The Building Inspector may issue certificates of conformance and occupancy after all requirements of site plan approval, and/or special permit approval which requires the preparation of a site plan, have been completed or temporary certificates of conformance and occupancy after the applicant has provided surety covering all uncompleted requirements in such amount as shall be set by the Planning Board and in such form as meets the approval of the Town Attorney. All site plan requirements for which surety is posted shall be for a term to be determined by the Planning Board based upon the recommendation of the Town Engineer to guarantee their proper installation and maintenance. The Building Inspector shall report to the Planning Board when the requirements, construction, installation and all other items of the site plan have been completed, at which time the Planning Board may authorize the release of the surety. Failure to complete any improvements covered by the surety within the terms established by the Planning Board shall render the temporary certificates of conformance and/or occupancy void as required in § 113-92 of this chapter, and such surety shall be called unless the term is extended by the Planning Board and surety for the new term posted.
A.
Upon completion of any development or redevelopment
pursuant to an approved site plan, and prior to the issuance of a
certificate of conformance and occupancy, the applicant shall submit
to the Building Inspector an as-built plan prepared and certified
by a licensed engineer or surveyor showing the location of all site
improvements as constructed.
B.
The as-built plan shall be reviewed by the Town Engineer
and/or the Building Inspector to determine if it is in conformance
with the Zoning Code, the approved site plan and related requirements
of the Planning Board and any conditions of a special permit or variance.
Where the Town Engineer and/or the Building Inspector determines that
the as-built plan is not in conformance, no certificates of conformance
and occupancy shall be issued by the Building Inspector unless either
the construction is corrected or a revised site plan is submitted
to and approved by the Planning Board except as provided below.
[Amended 4-9-1998 by L.L. No. 3-1998]
C.
Field changes.
(1)
During construction, the Town Engineer or Building
Inspector 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. The Town Engineer or Building Inspector shall notify the Planning
Board of such adjustments, in writing, at the next regularly scheduled
Planning Board meeting, and said notification shall be entered into
the record of the Planning Board.
(2)
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 and approval in accordance with the same procedures required
for initial applications.
Continued conformance with any approved site
plan shall be required as a condition of the continuance of any certificate
of conformance and certificate of occupancy for the land or "building"
to which it applies. Failure to so maintain or continue conformance
shall be considered cause for revocation or removal of such certificate
and the immediate discontinuance of the approved "use."
A.
Area site plans. The Planning Board may, on its own
initiative, propose a general or specific site plan to serve as a
guide for future developments in any area where site development plan
approval may be required in the future. Such area site plan shall
be based upon the requirements of this chapter and the Town Plan.
B.
Area design plans. The Planning Board may, on its
own initiative, propose a general or specific site design plan to
serve as a guide for future developments in any area where site development
plan approval may be required in the future. Such area design plan
shall be based upon the requirements of this chapter and the Town
Plan. Such area design plan may establish guidelines applicable to
the layout and design of one or more sites as well as the "building"
located thereon, including but not limited to standards for landscaping,
lighting, signage, utility installation, paving materials, pedestrian
amenities, "building" materials, colors and architectural style.
