[HISTORY: Adopted by the Board of Trustees
of the Village of Pelham 2-15-1983 as L.L. No. 2-1983. Amendments
noted where applicable.]
The chapter shall be known as "Chapter 79 of the Code of the Village of Pelham."
This chapter is hereby enacted pursuant to the
provisions of § 7-725 of the Village Law of the State of
New York in order to ensure that proposed development and use of land
within the area of the Village of Pelham will have a harmonious relationship
with the existing or permitted use of contiguous land and of adjacent
neighborhoods and that the health, safety, welfare, comfort and convenience
of the public is fully considered.
As used in this chapter, the following terms
shall have the meanings indicated:
A plan which shows a proposed development and/or use of land within the Village of Pelham. Such plan shall consist of a map or maps and supporting documentation as set forth in § 79-8 herein.
The types of development or use set forth below
shall require approval of a site plan by the Board of Trustees:
A.
The erection of any building in any district, other
than a permitted accessory building in a residential zone with a building
area of less than 275 square feet.
[Amended 2-6-2007 by L.L. No. 2-2007]
B.
The enlargement of any residential building resulting
in the expansion of living space (as defined by the NYS Building Code)
by more than 35% or 750 square feet.
[Amended 2-6-2007 by L.L. No. 2-2007]
C.
The substantial alteration or modification of land
from its natural state, whether by regrading or the addition of structures
other than buildings.
D.
Any change in the use or intensity of use of premises,
other than as above, which will require a substantial modification
of existing means of ingress or egress, parking or loading facilities,
drainage, utilities, landscaping, screening or outdoor lighting.
E.
The substantial alteration or modification of a building
facade in any business zoning district.
[Added 8-7-2001 by L.L. No. 2-2001]
In considering and approving site plans, the
Board of Trustees, and in preparing its recommendations and findings,
the Planning Board and any other agency shall take into consideration
the public health, safety and general welfare and the comfort and
convenience of the public in general and of the residents or users
of the proposed development and the immediate neighborhood in particular
and shall prescribe appropriate conditions and safeguards in harmony
with the general purpose and intent of this chapter and the Zoning
Ordinance or ordinances in effect in the Village of Pelham with regard
to achieving the following objectives in particular:
A.
That all proposed traffic accessways have sufficient,
but not excessive, capacity; are adequate in width, grade, alignment
and visibility; are not located too near street corners or places
of public assembly; are designed with due regard to other similar
safety considerations; and are provided with all traffic safety devices
needed for the protection of motorists, cyclists and pedestrians.
B.
That the interior circulation system is adequate to
provide safe access to all required off-street parking spaces, loading
bays and building services.
C.
That, wherever possible, areas set aside for play
and other active use by residents or users of the site are located
with due regard for their safety and welfare.
D.
That all playground, parking and service areas are
reasonably screened at all seasons of the year from the view of adjacent
residential lots and streets where practical and needed for the protection
of such lots and streets; that the general landscaping of the site
is in character with or superior to that generally prevailing in the
neighborhood and will enhance the aesthetic aspect of the abutting
street or streets; and that all existing trees over eight inches in
diameter, measured three feet above the base of the trunk, are retained
to the maximum extent possible.
E.
That all plazas and other paved areas use decorative
pavements and/or plant materials so as to avoid the creation of vast
expanses of pavement.
G.
That the stormwater and sanitary sewage systems are
adequate to accommodate any expected loads, including all runoff from
the tributary watershed at full development under the existing Zoning
Law, that all connections to Village systems are in accordance with
all applicable laws, and that pursuant to § 34-81, provisions
are made for retention of stormwater runoff.
[Amended 1-8-2008 by L.L. No. 1-2008]
H.
That all proposed structures, equipment or materials
will be readily accessible for fire protection and will not constitute
a fire hazard for adjacent structures.
I.
That the site plan and building design consider the
conservation of energy.
J.
That the site layout and overall appearance of buildings
on the site will not have any reasonably avoidable adverse impact
upon the desirability of adjacent properties by impairing the established
character or value thereof.
K.
That the building designed is responsive to the design
characteristics of the adjoining lots, other structures within 200
feet of the site or the Village as a whole, whichever is more appropriate.
[Added 3-20-1990 by L.L. No. 3-1990]
L.
The Village of Pelham has adopted the Westchester
County Greenway Compact Plan,[1] as amended from time to time, as a statement of policies,
principles, and guides to supplement other established land use policies
in the Village. In its discretionary actions under this chapter, the
Planning Board should take into consideration said statement of policies,
principles and guides, as appropriate
[Added 11-13-2007 by L.L. No. 8-2007]
All applications for site plan approval shall
follow the following procedure:
A.
Presubmission.
[Amended 3-20-1990 by L.L. No. 3-1990]
(1)
This process shall be commenced when the applicant
files a declaration of intent to develop form, as prescribed by the
Village, with the Building Inspector. Copies of this form are to be
transmitted to the Planning Board. Upon submission of a declaration
of intent to develop form, the applicant shall provide notice to all
property owners contiguous to the applicant’s property, including
those separated by a street. These notices must be hand-delivered
or mailed by the applicant at least 10 days prior to the date of the
scheduled consideration by the Planning Board, with an affidavit,
or proof of delivery, or proof of mailing, provided by the applicant
to the Village Clerk prior to the Planning Board meeting.
[Amended 2-6-2007 by L.L. No. 2-2007]
(2)
Prior to the submission of a formal site plan, the
applicant, after filing the declaration of intent, must meet in separate
presubmission conference with the Planning Board and the Architectural
Review Board to discuss the proposed site plan and to determine which
of the data listed will be met. Such conferences must be held no later
than the second regularly scheduled Planning Board meeting after the
filing of the declaration of intent.
(3)
The Planning Board, subject to the approval of the Board of Trustees may revise or waive the provisions of any of the required information listed in § 79-8 hereof, but only where it finds such requirement to be inappropriate or unnecessary due to the limited nature of the proposed development or special conditions particular to the site or upon a determination that strict compliance with such requirement will cause such unnecessary work, expense or hardship. The Planning Board shall ensure that the granting of such revisions or waiver will not interfere with the accomplishment of the purposes and intent of this chapter nor have detrimental effect on the public health, safety or general welfare. The Planning Board or the Building Committee may require the applicant to submit a preliminary design to the Architectural Review Board prior to submission of the primary site plan.
B.
Submission. Following the presubmission conference,
the applicant shall submit 15 copies of the site plan and any related
information to the Chairman of the Building Committee. The site plan
shall be accompanied by a fee in accordance with the schedule of fees
of the Village of Pelham.[1] If the site plan is not submitted within six months following
the presubmission conference, another such conference may be required,
at the discretion of the Board of Trustees.
[Amended 3-20-1990 by L.L. No. 3-1990]
[1]
Editor's Note: The schedule of fees is on
file in the office of the Village Clerk and may be examined there
during regular office hours.
C.
The Building Committee shall review and certify on each original or amended site plan that the application complies with all applicable local laws and ordinances and with all requirements of all other Village commissions, boards, departments and agencies. The Building Committee shall certify further that the application contains all the elements required in § 79-8 hereof which were not specifically waived by the Planning Board. If the Building Committee finds that the application is not complete or that it fails to comply with all applicable requirements, it shall, within 15 working days of its receipt, return the same to the applicant pointing out the specific deficiencies to be remedied.
[Amended 3-20-1990 by L.L. No. 3-1990]
D.
Following certification, the Building Committee shall
forward the application to the Board of Trustees within five working
days. The date of submission to the Board shall be considered the
official submission date.
E.
Simultaneously with its submission to the Board of Trustees,the certified application shall be forwarded to the Planning Board and any other agency that the Building Committee deems appropriate with a request that the Planning Board or other agency submit its written recommendations and findings, taking into consideration the standard set forth in § 79-5 hereof, to the Board of Trustees not later than 15 working days prior to any public hearing thereon or 60 working days following referral of the application if no public hearing shall be held thereon.
[Amended 3-20-1990 by L.L. No. 3-1990]
F.
The Board of Trustees and/or Planning Board may hold
a public hearing on the site plan if it determines that the matter
is of wide public interest. If held, such a hearing shall be held
within 60 days of the official submission date. Notice of such hearing
shall be given by the applicant to the owners of the adjacent or surrounding
properties within 200 feet and proof of such notice shall be filed
with both Boards. Notice of such hearing shall also be published at
least five days prior to the date of such hearing in the official
newspaper of the Village by the Chairman of the Building Committee,
and the cost of such application shall be paid by the applicant prior
to the hearing.
[Amended 3-20-1990 by L.L. No. 3-1990]
G.
The Building Committee shall make its own separate
report on the application to the Board of Trustees not later than
five working days prior to the date of the public hearing thereon
or 10 working days following receipt by the Board of Trustees of the
recommendations and findings of the Planning Board or other agency.
H.
The Board of Trustees shall act to approve, approve
with conditions or disapprove any such site plan within 30 days following
the public hearing or if no hearing is held, within 60 days of the
official submission date, unless this period is extended with the
consent of the applicant. In reviewing the application, the Board
shall request that the applicant make any revisions which the Board
may deem to be required to assure that the proposed development will
conform to the intent and requirements of this chapter. In the event
that the Board disapproves the application, it shall communicate its
reasons for such disapproval, in writing, to the applicant within
10 working days following the date of the decision, with a copy to
the Building Committee for the permanent building file and an additional
copy to the Planning Board. If, after its review, the Planning Board
unanimously disapproves the submitted plan, the Board of Trustees
must vote a majority, plus one, to approve.
[Amended 3-20-1990 by L.L. No. 3-1990]
I.
An application for an amendment to a previously approved
site plan shall be acted upon in the same manner as the application
for approval of the original site plan.
J.
Performance bond.
(1)
Following approval of the site plan by the Board of
Trustees, in addition to any other fees required by the Village of
Pelham, the applicant shall file with the Village Clerk a performance
bond in which the Village is named as obligee in an amount set by
the Building Committee sufficient to cover the full cost of all required
work planting and improvements. If the value of the required work,
planting and improvements, the general nature of which is described
in the following subsection, required in the final site plan approved
by the Board of Trustees, is less than $10,000, the Building Committee,
with the concurrence of the Board of Trustees, may waive the bonding
requirements.
[Amended 3-20-1990 by L.L. No. 3-1990]
(2)
A performance bond shall be in a form satisfactory
to the Village Attorney and may be in the form of surety company bonds.
The performance bond may cover any of the following, among others:
proposed screening and landscaping, including planting and maintenance
thereof for a minimum of one year and a maximum of three years, at
the discretion of the Board of Trustees; stormwater drainage systems;
streets and lighting; off-street parking and loading areas; means
of vehicular access and egress to and from the site onto public streets;
recreation areas, including playgrounds; garbage collection stations;
and fire alarm systems (if any). Said bonds shall be conditioned upon
completion by the property owner or developer of all the applicable
work, as set forth on the approved site plan, in a matter satisfactory
to the Building Committee and upon the proper functioning of said
system for a period of one year following their completion.
[Amended 3-20-1990 by L.L. No. 3-1990]
(3)
In case of default, the performance bond shall be
forfeited to the Village and the proceeds shall be used by the Village
to complete any incomplete portions of the required work, planting
and improvements or to make such repairs or corrections as may be
necessary to assure proper functioning of the work and improvements
and maintenance of the required planting; provided, however, that
any moneys in excess of that necessary for correcting, completing
and maintaining said work, planting and improvements will be returned
to the surety. Said surety bond may be reduced by resolution of the
Building Committee upon certification to the Board of Trustees that
one or more of the particular items required by the Board has been
satisfactorily completed, is functioning properly and the bond, in
its reduced amount, is sufficient to cover the full cost of the remainder
of the required planting, work and improvements.
(4)
The installation of all required improvements shall
be under the direct supervision of a registered architect or licensed
engineer, unless this requirement is waived in writing by the Building
Committee.
K.
Fair share mitigation.
[Added 9-24-2019 by L.L. No. 4-2019]
(1)
Purpose and intent. The Board of Trustees finds and determines that
infrastructure capacity is a vital community service that has a value
to both the public and private sectors and that development within
the Village will have environmental impacts that will require modifications
to that infrastructure. The New York State Environmental Quality Review
Act (SEQRA)[2] requires that the Board of Trustees, in considering a
development application, assess those impacts and require that the
applicant mitigate them. The purpose of this subsection is to establish
a fair, rational and consistent method by which the Board of Trustees
can assess the increased demand on the Village's infrastructure,
including sewer, traffic, signal infrastructure, road infrastructure
(including road paving) and infrastructure relating to pedestrian
safety, attributable to new development in the Village and require
each development that is approved to contribute, in mitigation of
its impacts, the fair share of the Village's infrastructure costs
attributable to the impact of that development. This subsection:
(a)
Provides a method by which the improvements to the Village's
infrastructure to support new development can be cooperatively shared
by the public and private sectors;
(b)
Enables a developer to proceed by making a fair share contribution
towards the cost of certain Village infrastructure;
(c)
Ensures that adequate infrastructure will be available for future
growth;
(d)
Coordinates the use of public funds to maintain existing infrastructure
and serve future growth; and
(e)
Is consistent with and supports the policies in the Village's
Comprehensive Plan.
[2]
Editor's Note: See Environmental Conservation Law § 8-0101
et seq.
(2)
Subject to the approval of the Board of Trustees, a developer may
choose to mitigate the infrastructure impacts of its project by constructing
and dedicating to the Village public improvements that mitigate the
impact, by dedicating real property to the Village, or by making a
fair share contribution to the mitigation of impacts.
(a)
If the applicant proposes to satisfy its mitigation obligation
by dedicating real property to the Village, the applicant must submit,
at no cost to the Village, a survey and legal description of the real
property prepared or certified by a licensed surveyor, a certificate
of title issued by a licensed title insurer establishing that the
applicant or other party dedicating the real property holds unencumbered
title to the real property in fee simple absolute, an appraisal of
the real property prepared by a licensed appraiser and an irrevocable
offer to dedicate the property to the Village at no expense to the
Village. If the appraised value of the real property is less than
the amount of the applicant's fair share mitigation obligation,
the applicant must pay the difference.
(b)
If the applicant proposes to satisfy its mitigation obligation
by making a public improvement, the public improvement must be sufficient
to mitigate the anticipated impacts of the project and must satisfy
the design standards for publicly maintained infrastructure of the
Village of Pelham and any other governmental authority having jurisdiction.
The value for the public improvement will be determined by its cost
to the applicant. If that value is less than the amount of the applicant's
fair share mitigation obligation, the applicant must pay the difference.
(c)
If the applicant proposes to satisfy its mitigation obligation
by making a fair share contribution to the mitigation of impacts,
the fair share of the infrastructure costs attributable to a proposed
development will be an amount equal to the increased demand on sewer,
traffic, signal infrastructure, road infrastructure (including road
paving) and infrastructure relating to pedestrian safety anticipated
to be caused by the proposed development divided by the increased
demand on sewer, traffic, signal infrastructure, road infrastructure
(including road paving) and infrastructure relating to pedestrian
safety anticipated in the Village as a whole, multiplied by the anticipated
cost to the Village of the infrastructure necessary to mitigate the
increased demand on sewer, traffic, signal infrastructure, road infrastructure
(including road paving) and infrastructure relating to pedestrian
safety in the Village as a whole over the succeeding 10 years, determined
in accordance with the following provisions:
[1]
The increased demand on sewer, traffic, signal infrastructure,
road infrastructure (including road paving) and infrastructure relating
to pedestrian safety anticipated to be caused by the proposed development
will be determined by the Board of Trustees by a rational and consistent
method that the Board of Trustees determines will fairly evaluate
the expected increase in demand resulting from the development and
the availability, supply and capacity of the existing infrastructure.
[2]
The increased demand on sewer, traffic, signal infrastructure,
road infrastructure (including road paving) and infrastructure relating
to pedestrian safety anticipated in the Village as a whole will be
determined by the Board of Trustees on the basis of the Village's
capital improvement plan and other available information with respect
to the Village's infrastructure needs.
[3]
The anticipated infrastructure cost to the Village is the expected
capital cost to the Village of the infrastructure improvements determined
by the Board of Trustees to be necessary to support a theoretical
full build-out of the Village during the next succeeding ten-year
period. The expected improvement cost will be determined based upon
the actual estimated capital cost of identified infrastructure improvements
where available. Where that information is not available, the expected
improvement cost will be determined based on an analysis of the costs
using data from recent Village projects or available data from recent
local projects, with increases in construction material costs adjusted
by an inflation factor.
[4]
If the Board of Trustees determines that the applicant's fair share contribution determined in accordance with the provisions of Subsection K(2)(c)[1] through [3] does not, due to unique aspects of the proposed development or other factors, fully, completely and accurately account for the increased demand on sewer, traffic, signal infrastructure, road infrastructure (including road paving) and/or infrastructure relating to pedestrian safety anticipated to be caused by the proposed development, the Board of Trustees may adjust the applicant's fair share contribution to account for such increased demand by applying a rational and fair method for determining the amount of such adjustment.
(d)
Fair share contribution payments will be held by the Village
Treasurer in an appropriate segregated account for funding infrastructure
improvements in the Village or as otherwise stipulated in the resolution
approving the site plan or subdivision plat. The Board of Trustees
may authorize the use of fair share contribution funds for operational
improvements prior to construction of the proposed development.
(3)
Regardless of the method by which the mitigation is accomplished,
whether by constructing and dedicating to the Village public improvements
that mitigate the impact or dedicating the real property to the Village
or paying its fair share contribution, the mitigation must be completed
before a certificate of occupancy is issued or the final subdivision
plat is signed. If the mitigation is accomplished by making a fair
share contribution and payment of the fair share contribution is submitted
more than 12 months from the date on which the applicant's fair
share contribution was determined, the Building Inspector will adjust
the applicant's fair share contribution based upon the Building
Inspector's estimate of the increase in the cost of construction
since the fair share contribution was determined.
(4)
Any request to modify a development project subsequent to site plan
approval may be subject to an additional fair share assessment to
the extent the change would exacerbate existing infrastructure capacity
constraints that would require mitigation.
Unless a building permit is obtained within
120 days of the date of approval of the site plan, such approval shall
become null and void. Upon application and for good reason shown,
the Board of Trustees may extend the validity of the approval by not
more than two consecutive one-hundred-twenty-day periods from the
date of original approval.
The information to be submitted and which, in
total, constitutes a site plan, is listed below. All maps must be
at a scale of not less than 30 feet to the inch.
A.
Legal data.
(1)
The lot, block, section number, street, street number
of the property and the names of all owners of record of adjacent
properties located within 200 feet of the extreme limits of the subject
property, all as shown on the Village's official assessment maps.
(2)
A current survey of the boundaries of the property
tied to at least two permanent monuments not less than 300 feet apart
showing all lengths in feet and decimals of a foot and all angles
given to the nearest minute or closer if deemed necessary by the surveyor
so that the error of closure will not exceed 1:10,000.
(3)
The location of all required building or setback lines
and lines of existing streets and lots as shown on the Village's official
assessment maps. Any relevant existing deed restrictions or covenants,
reservations, easements and areas dedicated to public use, if known,
shall be noted.
(5)
The location of all existing structures on the subject
lot and on all lots having a common boundary therewith.
(6)
A copy of any proposed covenants or deed restrictions
that are intended to cover all or any part of the tract.
(7)
Location of existing water mains, culverts and drains
on or serving the property, with pipe sizes, grades and direction
of flow.
B.
Topographic data.
(1)
Existing contours and proposed grade elevations at
intervals of two feet or less, referred to a datum satisfactory to
the Board, showing retaining walls, if any, and methods to be used
to retain, stabilize or replant regraded areas.
(2)
Location of existing watercourses, wetland areas,
intermittent streams, wooded areas, rock outcrops, single trees with
a diameter of eight inches or more, measured three feet above the
base of the trunk, and other significant existing features.
C.
Development data.
(1)
Title of development, date, North point, scale, name
and address of record owner or owner or of the individuals holding
the controlling interest if the owner is a corporation; and the name
and address of the engineer, architect, land planner or surveyor preparing
the site plan.
(2)
The proposed use or uses of land and buildings and
location, height and design of all existing and proposed buildings.
Any proposed subdivision of the property and any division of any building
or structure into units of separate occupancy shall also be shown.
[Amended 3-20-1990 by L.L. No. 3-1990]
(3)
All means of vehicular ingress and egress to and from
the site onto public streets and the location of all existing and
proposed public and private roads, drives and walkways on the site.
(4)
The location and layout of all proposed off-street
parking and loading areas.
(5)
The location and intended use of any proposed outdoor
storage area.
(6)
The proposed method of storage and disposal of solid
waste.
(7)
The size and location of all proposed waterlines,
valves and hydrants and all sewer lines or of alternative means of
water supply and sewage disposal and treatment.
(8)
The location, direction, intensity and time of operation
of proposed outdoor lighting.
(9)
The location, dimensions and design of all existing
and proposed signs.
(10)
A planting plan, prepared by a qualified landscape
architect, showing all proposed screening and landscaping, fences
or dividers.
[Amended 3-20-1990 by L.L. No. 3-1990]
(11)
The proposed stormwater drainage system, prepared
by a licensed professional engineer and furnished under his seal.
(12)
Any proposed easements and public areas.
(13)
Building materials to be used on all structures and
landscaping.
[Added 3-20-1990 by L.L. No. 3-1990]
(14)
Current photographs of the site showing adjacent properties.
[Added 3-20-1990 by L.L. No. 3-1990]
(15)
Elevation of adjacent properties.
[Added 3-20-1990 by L.L. No. 3-1990]
In the event that this chapter conflicts or
is inconsistent with any other Village law or ordinance, the more
comprehensive or strict requirements shall apply.
If any Article, section, subsection, paragraph,
clause, phrase or provision of this chapter shall be adjudged invalid
or held unconstitutional, the same shall not affect the validity of
this chapter as a whole or any part or provisions thereof other than
the part so adjudged to be invalid or unconstitutional.
This chapter shall take effect upon filing with
the Secretary of State.
