[Amended 9-10-1984 by L.L. No. 19-1984, effective 9-21-1984; 5-13-1985 by L.L. No. 12-1985, effective 5-22-1985; 9-9-1985 by L.L. No. 19-1985,
effective 9-26-1985]
No building permit may be issued for any building
within the purview of this Article, except in conformance with an
approved site development plan. No certificate of occupancy may be
issued for any building or use of land within the purview of this
Article unless the building is constructed or used or the land is
developed or used in conformity with an approved site development
plan. Every application for site development plan approval shall be
accompanied by a certification by the Director of Building, Code Enforcement
and Land Use Administration to the effect that said plan meets all
the specific applicable requirements of this chapter and a certificate
by the Village Engineer that the plans meet all the applicable standards
and requirements established or approved by him.
[Amended 2-8-1988 by L.L. No. 4-1988,
effective 2-19-1988; 6-14-2010 by L.L. No. 16-2010, effective 7-1-2010; 3-10-2014 by L.L. No.
3-2014, effective 3-24-2014]
Site development plan approval by the Planning
Board shall be required in all districts for:
A.
The erection or enlargement of any building or other structure other
than one- or two-family dwellings.
B.
Any change of use or intensity in use other than in relation to a
one- or two-family dwelling that will affect the characteristics of
the site or increase the requirements under this Code in terms of
parking, loading, circulation, drainage, utilities, landscaping, or
outdoor lighting.
C.
Any proposed clearing of vegetation or earthwork on any property
1/2 acre or larger or any land involving 25% or more of the site.
D.
Any amendment of a previously approved site development plan or the
tree preservation plan associated with that site development plan.
[Amended 10-12-2021 by L.L. No. 5-2021, effective 10-18-2021]
E.
Stormwater pollution prevention plan. A stormwater pollution prevention plan (SWPP) consistent with the requirements of Chapter 294, entitled "Stormwater Management and Erosion and Sediment Control," of the Mamaroneck Village Code, shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Chapter 294. The approved site plan shall be consistent with the provisions of Chapter 294.
The following criteria and standards shall be
used by the Planning Board in reviewing applications for site development
plan approval. They are intended to provide a framework within which
the designer of the site development is free to exercise creativity,
invention and innovation. The Planning Board shall not specify or
favor any particular architectural style or design or assist in the
design of any of the buildings submitted for approval. Participation
by the Board shall be restricted to a reasonable, professional review,
and, except as otherwise provided in the following subsections, full
responsibility for design shall be retained by the applicant.
A.
Ecological considerations. The development shall,
insofar as practicable:
(1)
Result in minimal degradation of unique or irreplaceable
land types and in minimal adverse impact upon the critical areas,
such as streams, wetlands, areas of aquifer recharge and discharge,
steep slopes, highly erodible soils, areas with a high water table,
mature stands of mature vegetation and extraordinary wildlife nesting,
feeding or breeding grounds.
(2)
Conform to existing geological and topographic features
to the end that the most appropriate use of land is encouraged.
B.
Landscape. The landscape must be preserved in its natural state minimizing tree and soil removal. Any grade changes must be consistent with the neighboring developed areas. Trees that do not have to be removed to facilitate the permissible development of the property may not be removed. Trees that are removed must be replaced in accordance with the requirements of Chapter 318 of this Code.
[Amended 10-12-2021 by L.L. No. 5-2021, effective 10-18-2021]
C.
Relation of proposed structures to environment. Proposed
structures shall be related harmoniously to themselves, the terrain
and to existing buildings and roads in the vicinity that have a visual
relationship to the proposed structures. The achievement of such harmonious
relationship may include the enclosure of space in conjunction with
other existing buildings or other proposed buildings and the creation
of focal points with respect to avenues of approach, terrain features
or other buildings.
D.
Scenic, historic, archaeological and landmark sites.
Scenic, historical, archaeological and landmark sites and features
that are located on or adjacent to the proposed development shall
be preserved and protected insofar as practicable.
E.
Surface water drainage.
(1)
A proposed development shall be designed so as to provide for proper surface water management through a system of controlled drainage that, wherever practicable, preserves existing natural drainage patterns and wetlands and enhances groundwater recharge areas and that protects other properties and existing natural and artificial drainage features from the adverse effects of flooding, erosion and the depositing of silt, gravel or stone. The design shall be in conformance with Chapter 186, Flood Damage Prevention.
(2)
In addition to the foregoing, for site plan proposals
within the Beaver Swamp Brook - Brentwood Brook Watershed, as indicated
on the Village Map, the following criteria shall apply:
[Added 9-10-1986 by L.L. No. 11-1986, effective 9-25-1986]
(a)
The United States Department of Agriculture
Soil Conservation Service Type III storm distribution, one-hundred-year
event will be used for the design of all stormwater management facilities.
This requirement may be waived or modified in certain instances only
after review by the Municipal Engineer in consultation with the Westchester
County Soil and Water Conservation District and pursuant to the Beaver
Swamp Brook Comprehensive Watershed Management Plan prepared by Satterthwaite
& Associates, Inc., for the Village of Mamaroneck, City of Rye,
Town of Harrison and Westchester County.
(b)
Future discharge rates for any development shall
not exceed the existing values for each of the two-, ten-, twenty-five-,
fifty- and one-hundred-year storm events unless so specified by the
Village Engineer in consultation with the Westchester County Soil
and Water Conservation District.
(c)
All hydrologic calculations will be performed
pursuant to the methodology prescribed in the United States Department
of Agriculture Soil Conservation Service Technical Release No. 55,
or any modifications and/or revisions thereof.
(d)
The Westchester County Soil and Water Conservation
District will be consulted prior to final approval of any proposed
development for review and comment.
(e)
No earthmoving or land-disturbance activities
shall commence on any development site before final approval of the
stormwater management plan and sediment and erosion control plan has
been issued by the Village.
F.
Driveway connections to public streets. All entrance
and exit driveways to public streets shall be located with due consideration
for traffic flow and so as to afford maximum safety to traffic on
the public streets. All such entrances and exits shall be located
and designed to:
(1)
Conform to municipal sight triangle requirements at
corners.
(2)
Achieve maximum practicable distance from street intersections
and from existing and proposed access connections from adjacent properties.
(3)
Minimize left-hand turns, other turning movements
and backing movements.
(4)
Discourage the routing of vehicular traffic to and
through local residential streets.
G.
Traffic effects. The site development proposal generally
shall minimize adverse traffic effects on the road networks serving
the area in question.
H.
Pedestrian safety. Insofar as practicable, pedestrian
and bicycle circulation shall be separated from motor vehicle circulation.
Safe and convenient pedestrian circulation, including appropriate
sidewalks, shall be provided on the site and its approaches. The pedestrian
circulation plan shall be designed to minimize adverse effects of
vehicular traffic upon sidewalks and bicycle paths.
I.
On-site parking and circulation. The location, width
and layout of interior drives shall be appropriate for the proposed
interior circulation. The location and layout of accessory off-street
parking and loading spaces shall provide for efficient circulation
and the safety of pedestrians and vehicles. Insofar as practicable,
separate rows or aisles in parking areas shall be divided by trees,
shrubbery and other landscaping devices. The location of parking areas
shall not detract from the design of proposed buildings and structures
or from the appearance of the existing neighboring buildings, structures
and landscape. Provision shall be made for access by police, fire
and emergency vehicles.
J.
Utility services. Electric, telephone and other wire-served
utility lines and service connections shall be underground insofar
as feasible and subject to state public utilities regulations. Any
utility installations remaining above ground shall be located so as
to have a harmonious relation to neighboring properties and to the
site.
K.
Disposal of wastes. There shall be adequate provision
for the disposal of all solid, liquid and gaseous wastes and for the
avoidance of odors and other air pollutants that may be generated
at the site. All applicable federal, state, county and local pollution
control standards shall be observed.
L.
Noise. All applicable federal, state and local regulations
dealing with the control of outside noise which is expected to be
generated at the site shall be complied with.
M.
Advertising features. The size, location, height,
design, color, texture, lighting and materials of permanent signs
and outdoor advertising structures or features shall not detract from
the design of proposed buildings and structures or of the surrounding
properties.
N.
Special features. Outside storage areas, service and
machinery and structures, service areas, truck loading areas, utility
buildings and structures and similar accessory areas and structures
shall be subject to such setbacks, screen plantings and other screening
methods as shall reasonably be required to prevent any adverse effect
upon the environment or nearby property.
O.
Reservation of parkland.
[Added 6-11-2007 by L.L. No. 6-2007,
effective 6-21-2007]
(1)
Findings.
(a)
The provision of adequate park and recreational
facilities for both active and passive recreational pursuits by existing
and future residents of the Village is necessary and appropriate to
their health, safety and well-being.
(b)
New residential development will create an additional
demand for both active and passive recreational facilities and areas,
and new facilities and areas will need to be established to meet the
needs of residents occupying dwelling units that will be built after
enactment hereof.
(c)
It is fair and appropriate that the new demand
be borne substantially or entirely by developers of new residential
properties.
(2)
Dedication and reservation of parks and open space.
In order to meet the new demand on recreational facilities, land suitable
for recreational and park use by the residents of the Village of Mamaroneck,
or payment in lieu thereof if the Planning Board finds that no suitable
parkland exists as part of the site plan, shall be required for each
new dwelling unit constructed.
(3)
Any monies required by the Planning Board in lieu of land for park, playground or other recreational purposes, pursuant to the provisions of this section, shall be deposited in a Village trust fund to be used by the Village exclusively for park, playground or other recreational purposes, including the acquisition of property. Such payment shall be a condition of site plan approval and shall be assessed in accordance with the site plan recreation fee schedule established under Chapter A347, Fees, in the Village Code; except that with respect to fair and affordable residence uses and fair and deeply affordable residence uses under Article XV of Chapter 342, the payment will be as modified by § 342-103D. No site plan shall be signed by the Village until such payment has been received by the Village and receipt therefor provided to the Planning Board.
[Amended 10-26-2020 by L.L. No. 4-2020, effective 11-10-2020]
(4)
Credit to applicant. Notwithstanding the foregoing
provisions, if the land included in a site plan under review is a
portion of the subdivision plat which has been reviewed and approved
pursuant to §§ 7-728 and 7-730 of the Village Law,
the Planning Board shall credit the applicant with any land set aside
or money donated in lieu thereof under such subdivision approval.
In the event of resubdivision of such plat, nothing shall preclude
the additional reservation of parkland or money donated in lieu thereof.
A.
Presubmission. Prior to a formal submission, the applicant
should meet in person with the Planning Board and/or its designated
representative to discuss the proposed site development plan in order
to determine the requirements which should be incorporated in the
development and submission of the site development plan.
B.
Submission in three stages. A site plan of any proposed
development of land, prepared by a registered architect, licensed
landscape architect, licensed land surveyor and/or professional engineer,
shall be submitted to the Planning Board for approval. The plan shall
normally be submitted in three stages: sketch plan, preliminary plan
and final plan.
C.
Simultaneous submissions. Any applicant may, however,
submit and seek approval for any or all of the three plans simultaneously.
D.
Fees.
[Amended 3-23-1987 by L.L. No. 5-1987,
effective 4-2-1987]
(1)
All submissions for subdivision and site plan approvals shall be accompanied by a fee, as set forth in Chapter A347, Fees, to pay for the costs of the planning design and engineering review.
(2)
Such fees do not cover the cost of an environmental
assessment form or an environmental impact statement. The applicant
shall be responsible for the total cost of environmental reviews that
are determined to be necessary to meet the requirements of the State
Environmental Quality Review Act.
E.
Notice. The applicant must comply with the notification requirements set forth in Chapter 372 of this Code (Land Use Application Notice Requirements).
[Added 3-27-1989 by L.L. No. 4-1989,
effective 4-18-1989; amended 3-27-2006 by L.L. No. 4-2006, effective 4-10-2006; 5-10-2010 by L.L. No.
12-2010, effective 5-26-2010; 9-12-2023 by L.L. No. 15-2023, effective 9-21-2023]
[Amended 9-10-1986 by L.L. No. 11-1986, effective 9-25-1986; 3-27-1989 by L.L. No. 4-1989, effective 4-18-1989; 10-24-2005 by L.L. No. 8-2005, effective 11-4-2005; 5-28-2013 by L.L. No. 7-2013, effective 6-11-2013]
A.
Required submissions. At least 12 days in advance of the Planning
Board meeting at which a site development plan is to be presented,
the information enumerated below must be submitted as required to
the Secretary of the Planning Board, in six copies, along with a letter
of application. All maps submitted must be at a scale of not less
than 30 feet to the inch. For ease of review following the initial
Planning Board meeting, any changes to the site development plan must
be clearly called out with the use of a bubble, revision number and
date.
(1)
Sketch plan.
(a)
Legal data.
[1]
The names of all owners of record of all properties within 200
feet of any boundary line of the subject property and the lot, block
and section number of the subject property, all as shown on the Village's
Official Assessment Maps and on a certified survey.
[2]
Existing school, zoning and special district boundaries.
[3]
Boundaries of the property, building or setback lines as required
in this chapter and lines of existing streets and adjoining lots,
as shown on the Village's Official Assessment Maps and on a certified
survey. Reservations, easements and areas dedicated to public use,
if known, shall be shown.
(b)
General project site description.
[1]
A map showing the applicant's entire property and adjacent properties
and streets, at a convenient scale, including the approximate location
and dimensions of all existing and proposed structures and the location
of all existing structures on adjacent properties and within 200 feet
of the site boundary.
[2]
All existing and proposed paved areas.
[3]
Existing topography, lawns, meadows, shrubs and trees (general
location), watercourses and bodies of water, wetlands, rock outcrops
and other prominent physical features.
[4]
Areas to be left undisturbed by earthmoving machines.
[5]
Existing pedestrian and vehicular circulation diagram for the
site and immediate area.
[6]
The name and address of the applicant and other planners, engineers,
architects, surveyors and/or other professionals engaged to work on
the project shall be shown. 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.
(2)
Preliminary plan.
(b)
Existing conditions: the location of existing buildings, watercourses,
marshes, rock outcrops, wooded areas, single trees with a diameter
of eight inches or more measured three feet above the base of the
trunk and other significant existing features on the premises and
within a distance of 200 feet of all property lines thereof.
(c)
Development data.
[1]
Title of development, date, North point, scale, name and address
of record owner and of the engineer, architect, land planner or surveyor
preparing the site development plan.
[2]
All means of vehicular access and egress to and from the site
onto public streets.
[3]
One set of preliminary plans, elevations and sections of proposed
structures and roads, showing the proposed location, use and design
of all buildings and structures, including any proposed division of
buildings into units of separate occupancy and location of drives
thereto and showing the proposed location of all roads, pedestrian
walkways and fire lanes.
[4]
The location and layout of any off-street parking or loading
areas.
[5]
The location of all proposed waterlines, valves and hydrants
and sewer lines or of alternative means of water supply and sewage
disposal and treatment.
[6]
The proposed location, direction, power and timing of proposed
outdoor lighting.
[8]
The extent and amount of cut and fill for all disturbed areas,
including before-and-after profiles and cross sections of typical
development areas, parking lots and roads.
[9]
Proposed stormwater drainage system. For projects within the Beaver Swamp Brook - Brentwood Brook Watershed, as designated on the Village Map, this will include related surface water controls and all drawings and related calculations in accordance with § 342-76E.
[10]
The proposed location, size, color and illumination of proposed
signs.
[11]
The location of all existing and proposed site improvements,
including drains, culverts, retaining walls and fences.
[12]
The location of any outdoor storage.
[13]
Detailed breakdowns of all proposed floor space by type use.
[14]
In an industrial district, specific uses proposed, number of
employees for which buildings are designed, type of power to be used
for any manufacturing process, type of wastes or by-products to be
produced by any manufacturing process and the proposed method of disposal
of such wastes or by-products shall also be shown.
[15]
No application shall be deemed complete without compliance with
State Environmental Quality Review (S.E.Q.R.), including, where necessary,
a lead agency determination, a negative or positive declaration and
the submission of an acceptable draft environmental impact statement
(D.E.I.S.).
[16]
For projects within the Beaver Swamp Brook - Brentwood Brook
Watershed, as designated on the Village Map, a proposed sediment and
erosion control plan, including drawings prepared by a New York State
licensed professional engineer showing the methods and sequence of
control measures that will be used, both during and after construction,
to control sediment and erosion.
B.
Additional submissions. Where, due to special conditions
peculiar to a site or the size, nature or complexity of the proposed
use or development of land or buildings, the Planning Board finds
that additional information is necessary for proper review of the
site development plan, the Board may request additional pertinent
information, including:
(1)
A survey of the subject property having an error of
closure not in excess of one in 10,000 and indicating all lengths
in feet and decimals of a foot and all angles to the nearest 10 seconds,
or closer if deemed necessary by the surveyor.
(2)
A copy of any covenants or deed restrictions that
are intended to cover all or any part of the tract.
(3)
Existing contours with intervals of five feet or less,
referred to Village of Mamaroneck datum and showing at least one bench
mark.
(4)
The location of existing water mains, culverts and
drains on the property, with pipe sizes, grades and direction of flow.
(5)
All proposed lots, easements and public and community
areas; all proposed streets with profiles indicating grading and cross
sections showing width of roadway, location and width of sidewalk
and location and size of utility lines according to the standards
and specifications established or approved by the Village Engineer
of the Village of Mamaroneck.
C.
Exceptions.
(1)
For minor site development plans or in other appropriate circumstances, the Planning Board may waive the provision of any items of information listed in Subsection A above.
(2)
For projects within the Beaver Swamp Brook - Brentwood
Brook Watershed, as designated on the Village Map, this shall be done
in consultation with the Village Engineer and the Westchester County
Soil and Water Conservation District.
[Added 9-10-1986 by L.L. No. 11-1986, effective 9-25-1986]
[Amended 11-23-2009 by L.L. No. 11-2009, effective 12-1-2009; 10-12-2021 by L.L. No. 5-2021, effective 10-18-2021]
The Planning Board must review the site development plan and act on the application within 62 days from and after the time of submission of the complete application. As early as reasonably possible in the review process, the Planning Board may, at its discretion, refer the applicant's tree preservation plan to the Tree Committee for review and comment. The Board must comply with the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations. The time within which the Board must render its decision may be extended by mutual consent of the applicant and the Board. In reviewing the site development plan, the Planning Board must take into consideration the public health, safety and general welfare and the comfort and convenience of the public in general and of the residents of the immediate neighborhood in particular and must set any appropriate conditions and safeguards in harmony with the general purpose and intent of this chapter and according to the general criteria and standards defined in § 342-76.
Upon a finding by the Planning Board that, due
to special conditions peculiar to a site, certain of the information
normally required as part of the site development plan is inappropriate
or unnecessary or that strict compliance with said requirements may
cause extraordinary and unnecessary hardships, the Board may vary
or waive such requirements wherever, in the opinion of the Board,
such variance or waiver will not be detrimental to the public health,
safety or general welfare or have the effect of nullifying the intent
and purpose of the site development plan submission, the Official
Map, the Master Plan or this chapter.
The Planning Board may, on its own initiative,
propose a general or specific site plan for a particular area where
site development plan approval may be required in the future, using
as a guide the requirements of this chapter.
[Amended 7-14-1997 by L.L. No. 6-1997,
effective 7-24-1997]
A.
The applicant may be required to post performance
bonds or other security, pursuant to § 7-730 and other pertinent
provisions of the Village Law of the State of New York, in sufficient
amounts and duration to assure that all streets or other public places
shown on the site plan shall be suitably graded and paved and that
street signs, sidewalks, streetlighting standards, curbs, gutters,
street trees, water mains, fire alarm signal devices, including necessary
ducts and cables or other connecting facilities, sanitary sewers and
storm drains or combined sewers shall all be installed in accordance
with standards, specifications and procedures acceptable to the appropriate
Village departments.
B.
The applicant may be required to post performance
bonds or letters of credit in sufficient amounts and duration to assure
that all improvements shown on the site plan are installed. The sufficiency
of such performance bonds or letters of credit shall be determined
by the Planning Board, Code Enforcement Officer or other appropriate
party.
[Amended 10-24-2005 by L.L. No. 8-2005, effective 11-4-2005]
A.
A site plan shall be void if construction is not started
within one year and completed within 2 1/2 years of the date of the
final site plan approval, except that such site plan approval may
be renewed by the Planning Board at its discretion.
[Amended 5-10-2010 by L.L. No. 13-2010, effective 5-26-2010]
B.
In the interests of public health, safety and general
welfare, following final site plan approval pursuant to this article,
within 30 days of vacating property, owners must pursue demolition.
