[Amended 4-20-2004 by L.L. No. 8-2004]
Whenever Chapter 300, Zoning, provides that a site plan or parking plan shall require the approval of the Planning Board, Town Board or Zoning Board of Appeals, said plan shall be submitted to the Board having jurisdiction ("the approval authority") in accordance with the provisions contained in this article.
A.Â
An application for site plan or parking plan approval shall be submitted in writing by the applicant to the approval authority, on forms supplied by the Director of Planning, together with the site plan or parking plan and accompanying documents prepared by the applicant in accordance with the general requirements and design standards specified in Article VII, § 195-40. An appropriate filing fee in an amount as set forth in the Master Fee Schedule[1] for each site plan or parking plan shall accompany the application. The applicant must post notification signs in accordance with § 205-7 of the Code of the Town of Yorktown.
[Amended 4-20-2004 by L.L. No. 8-2004; 6-6-2017 by L.L. No. 9-2017]
B.Â
Hearings.
[Amended 6-4-1991 by L.L. No. 21-1991; 3-18-2003 by L.L. No. 5-2003; 4-20-2004 by L.L. No. 8-2004]
(1)Â
Informational Hearing. Within 50 days of acceptance of an application as complete, the approval authority shall conduct a public informational hearing. The applicant shall give notice of the public informational hearing to all Interested Parties in accordance with the procedures set forth in Chapter 205 of the Code of the Town of Yorktown.
(2)Â
Public Hearing: Within 45 days of acceptance of an application for site plan approval as complete, the approval authority shall schedule a public hearing on the proposed site plan as submitted. Prior notice of the public hearing shall be given in accordance with the requirements of § 274-a of the Town Law of the State of New York and Chapter 205 of the Code of the Town of Yorktown. No public hearing shall be required for an application for a parking plan.
C.Â
The Board shall act upon such site plan or parking
plan at a regular or special meeting. The changes or conditions, if
any, required by the Board shall be noted on the original by the developer.
The developer shall then submit four prints of said corrected or modified
plan to the Director of Planning for signature by the Board at a regular
or special meeting.
D.Â
The Director shall transmit one signed copy to the
Town Engineer, one signed copy to the Building Inspector and shall
retain two prints for his file.
E.Â
When utilities and street improvements are required in relation to the site or parking plan, the procedure specified in the appropriate sections pertaining to subdivisions shall be followed, such to include an appropriate construction plan and bond. The applicant shall pay the Town Engineer an inspection fee as set forth in § 168-1, Master Fee Schedule for Land Development Applications and Permits, to cover the cost of inspection. This fee is exclusive of all other fees collected for site work.
[Amended 1-6-1981 by L.L. No. 2-1981; 7-2-1985 by L.L. No. 8-1985; 12-15-1987 by L.L. No.
35-1987; 1-3-1989 by L.L. No. 2-1989; 2-7-1989 by L.L. No. 4-1989; 12-19-1989 by L.L. No.
24-1989; 10-5-2010 by L.L. No. 9-2010]
F.Â
Site plan or parking plan approval shall be valid
for a period of one year from the date of issue; a building permit
must be obtained within this time period. However, the approval authority
may extend this period if, in its opinion, such intention is warranted
by the particular circumstances thereof, for not to exceed two additional
periods of one year each. A request for an extension of an original
permit shall be made, in writing, to the approval authority at least
30 days prior to the expiration date of the original permit, or the
first one-year extension. Should an applicant fail to obtain a building
permit prior to the expiration of the second one year extension, the
original permit shall become null and void and a new approval must
be applied for. The request for a new approval must follow the same
form and procedure as the original application with the following
exceptions:
[Amended 5-19-1992 by L.L. No. 11-1992]
G.Â
Prior to the issuance of a certificate of occupancy
for a use approved on a site plan, the Town Engineer shall review
the constructed facility as against the approved site plan. The Town
Engineer shall notify the Building Inspector as to the degree of compliance
with the site plan.
H.Â
Certificate of occupancy. No certificate of occupancy
shall be issued by the Building Inspector unless the facility as constructed
conforms substantially with the site plan or parking plan approved
by the appropriate Board.
I.Â
Site plan revision or amendment. A site plan shall
be amended through the same procedure, except that the fee may be
reduced in half.
The following documents shall be submitted to
the Board for site plan or parking plan approval:
A.Â
A site plan or parking plan, legibly drawn in ink
or pencil on tracing paper or cloth, in sheets not exceeding 30 inches
by 40 inches, at a scale not smaller than 20 feet to the inch and
showing:
(1)Â
Proposed project name, date, North point, scale, name
and address of owner, developer, engineer, architect and site planner,
tax assessment section, parcel, block and lot number or numbers and
name of the Town and county in which the site is located.
(2)Â
Boundaries of the property (metes and bounds survey), easements, watercourses, marshes, rock outcroppings, wooded areas, single trees with a diameter of eight inches or more, regulated buffer zones as defined by § 270-4 of the Code of the Town of Yorktown on all existing and proposed lot lines, and within those buffers all trees with a diameter at breast height of six inches or more and a minimum height of 25 feet, and other significant ecological and topographical features on or adjacent to the property to be developed.
[Amended 12-14-2010 by L.L. No. 16-2010]
(3)Â
Existing and proposed contours at intervals of two
feet or less, referred to a datum specified by the Town Engineer;
basement and first floor elevations; curb elevations at street intersection
and at all building entrances; and existing and proposed grade differentials
and treatment thereof at all property lines. If necessary for clarity,
a grading plan shall be submitted as a separate drawing.
(4)Â
Adjacent roadways and sidewalks.
(5)Â
Location of existing and proposed sewers, water mains,
culverts, drains and manholes.
(6)Â
Location, dimensions and entrances of all proposed
buildings on the site and any existing structures to remain.
(7)Â
Location and dimensions of driveways, walks, exterior
and interior parking and loading spaces and play areas.
(8)Â
Location and dimensions of all yards and courts and
distances between buildings at the points where they come closest
to one another.
(9)Â
Location and types of retaining walls, guardrails
and other protective features.
(10)Â
Zoning districts of and adjacent to the site.
(11)Â
The site plans or parking plans submission shall
include at least three major elevations of the building.
(12)Â
The site plans or parking plans submission shall
include a vicinity map, at a scale of not less than 100 feet to the
inch, showing the buildings on each of the contiguous lots.
(13)Â
A schedule including:
(a)Â
Total area of plot.
(b)Â
Total floor area and floor area ratio.
(c)Â
Percent of coverage of total area of plot.
(d)Â
Height and number of stories of each building.
(e)Â
Total number of dwelling units.
(f)Â
Size, number of rooms and net area for each
dwelling unit.
(g)Â
Area of usable open space.
(h)Â
Number of exterior and interior parking and
loading spaces.
(i)Â
Use of buildings.
B.Â
A landscape plan showing location and types of trees,
shrubs and planting beds.
C.Â
Consent of owner if different from applicant.
D.Â
Any additional data the Board determines necessary
for its consideration of the plan.
E.Â
The above shall be submitted to the Engineering Department
with an AutoCAD compatible file of the as-built plan showing all utilities.
[Added 4-4-2000 by L.L. No. 23-2000]
[Amended 1-25-1994 by L.L. No. 3-1994; 5-17-1994 by L.L. No. 18-1994]
The following shall be deemed to be minimum requirements and shall be varied, deferred or waived by the Board only under circumstances set forth in Article VIII, § 195-40. The Board is empowered to impose higher planning and design standards than herein set forth where it finds that because of exceptional and unique conditions of topography, location, shape, size, drainage or other physical features of the site, or because of the special nature and character of surrounding development, the minimum standards could not reasonably protect or provide for public health, safety or welfare.
A.Â
The site plan or parking plan shall conform to all the requirements specified in Chapter 300, Zoning.
B.Â
The layout of buildings, driveways, walks, parking
and loading spaces and other features of the site plan or parking
plan shall be established with due regard to:
C.Â
The layout of the site plan or parking plan shall
furthermore be arranged in a manner acceptable to the Board.
E.Â
Obstructions to visibility over 2Â 1/2 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.Â
Driveways shall intersect street lines at right angles,
and shall be located at least 30 feet from a street corner.
G.Â
Grades of open parking and loading areas shall not
exceed 3% and shall not be less than 1%.
H.Â
Required street widening strips as determined by the
Town Engineer, based upon the Official Map, Comprehensive Plan or
proposed construction plans on file, shall be indicated on the submitted
plan. In addition, each site plan or parking plan on a road having
less than a fifty-foot right-of-way shall indicate sufficient widening
to achieve required right-of-way widths.