Town of Mamaroneck, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Mamaroneck 8-8-1984 as L.L. No. 3-1984 (Ch. 66A of 1975 Code). Amendments noted where applicable.]
Electrical standards — See Ch. 90.
Environmental quality review — See Ch. 92.
Fire limits — See Ch. 103.
Fire prevention and building construction — See Ch. 106.
Flood damage prevention — See Ch. 110.
Freshwater wetlands — See Ch. 114.
Plumbing — See Ch. 158.
Sewers — See Ch. 173.
Signs — See Ch. 175.
Subdivision of land — See Ch. 190.
Swimming pools — See Ch. 192.
Trees — See Ch. 207.
Waterfront revitalization — See Ch. 234.
Zoning — See Ch. 240.
This chapter shall be known as the "Site Plan Approval Law of the Town of Mamaroneck."
In order to ensure that proposed development and use of land within the unincorporated area of the Town of Mamaroneck will have a harmonious relationship with the existing or permitted use of contiguous land and of adjacent neighborhoods and so to ensure that the health, safety, welfare, comfort and convenience of the public is fully considered, this chapter is hereby enacted.
As used in this chapter, the following terms shall have the meanings indicated:
A plan which shows the proposed development and use of land within the unincorporated portion of the Town of Mamaroneck. Such plan shall consist of a map affirmatively demonstrating compliance with and adequate provision for all of the criteria, matters and items listed in this chapter.
The approving agencies for site plans and all amendments to and modifications thereof shall be as follows: Pursuant to § 274-a of the Town Law, the Town Board hereby delegates to the Planning Board the approval authority for all site plan applications.
In acting on any site plan application, the Planning Board, in addition to all other applicable laws, is hereby granted the powers set forth in § 274-a, Subdivision 1a, of the Town Law of the State of New York and shall consider the standards set forth therein in granting site plan approval. The approving agency shall also take into consideration the following standards:
Traffic access and roads. All proposed traffic access points and roads shall be adequate but not excessive in number, adequate in width, paving, grade, alignment and visibility and not located too near street corners or other places of public assembly. Necessary traffic signalization, signs, dividers and other safety controls, devices and facilities shall be given proper consideration and duly provided wherever appropriate or warranted.
Pedestrian safety and access. Safe, adequate and convenient pedestrian access and circulation shall be provided both within the site and to adjacent streets, with particular attention to all intersections with vehicular traffic.
Circulation and parking. Off-street parking and loading spaces shall be arranged with consideration given to their location, sufficiency and appearance and to prevent parking in public streets of vehicles of persons connected with or visiting the use. The interior circulation system shall be adequate to provide safe accessibility to, from and within all required off-street parking areas.
Screening and landscaping. All structures, recreational, parking, loading, public and other service areas shall be reasonably landscaped and/or screened so as to provide adequate visual and noise buffers in all seasons from neighboring lands and streets. The scale and quality of the landscaping and screening on site shall be harmonious with the character of and serve to enhance the neighborhood.
Environmental quality. All bodies of water, wetlands, steep slopes, hilltops, ridge lines, major stands of trees, outstanding natural topography, significant geological features and other areas of scenic, ecological and historic value shall be preserved insofar as possible; soil erosion shall be prevented insofar as possible; flood hazard shall be minimized; air quality shall be well within legal limits; and all potentially ecological disruptive elements of site preparation, such as blasting, diversion of watercourses and the like, shall be conducted according to the highest standards of professional care.
Fire protection. All proposed structures, service areas, fire lanes, hydrants, equipment and material shall be adequate and readily accessible for the protection of the proposed uses from fire.
[Amended 6-30-1986 by L.L. No. 6-1986]
A storm drainage system which demonstrates affirmative compliance with the form, scope and substance of all applicable design criteria shall be provided to accommodate expected loads from the tributary watershed when developed to the maximum density permitted under the existing zoning standards. Drainage shall be conducted to a point of adequate and suitable disposal.
On sites of 10,000 square feet or more and in other instances determined by the Planning Board to be appropriate after consultation with the Town Engineer, development shall be so designed and executed as to limit overflow from the site to zero increase in the rate of runoff and to create zero decrease in the rate of upstream runoff into the site, as related to existing conditions, except that the Planning Board, after consultation with the Town Engineer, may substitute a different requirement for a particular site if it determines that the substituted requirement will be more effective in controlling flooding and erosion at the site and at other locations.
On parcels of five acres or more, the Planning Board may require that development be so designed and executed as to reduce the rate of runoff by a stipulated percentage, not to exceed 20%, as compared with existing conditions, through drainage systems, water retention and/or the maintenance of open spaces, both those required under ordinary circumstances and such additional open spaces as may be required for this purpose, but without reducing the rate of runoff into the site from upstream. Such a requirement shall not be applied unless the Planning Board determines that it is an appropriate and important means of preventing an increase in erosion and flooding at the site and/or at other locations. In making such determination, the Planning Board shall consult with the Town Engineer and with the Westchester County Soil and Water Conservation District, who shall respond within the time limits set by this chapter. Failure to respond within such time limits shall be deemed approval by such agencies.
Refuse and sewage disposal. The public and/or private disposal systems shall be sufficient to safely and adequately handle the type and volume of refuse and sewage which can reasonably be anticipated to be generated by the land uses on site.
Water supply. The public and/or private delivery systems for bringing potable water to each of the uses on site shall be shown to be sufficient.
Location and dimension of buildings. The location, arrangement, size and design of the buildings, lighting and signs shall be comparable to each other and with the site as a whole. At a minimum, a distance equal to the average height of the principal buildings on the site at the point where said buildings are most closely proximate to each other shall be provided between all buildings on the site unless, in the opinion of the approving agency, compelling considerations of topography or design dictate otherwise.
Impact of the proposed use on adjacent land uses. Adjacent and neighboring properties shall be protected against noise, glare, unsightliness or other objectionable features. Where a proposed use is a nonresidential use which would adjoin residential areas, special consideration shall be given by the approving agency to minimizing the impact of the proposed use on the residential properties.
Design requirements and guidelines.
[Added 5-18-2004 by L.L. No. 8-2004]
For properties located in the B-Business District, the approving agency shall apply the design requirements and guidelines contained in § 240-45H of the Code.
For properties located in the SB - Service Business District, the approving agency shall apply the design requirements and guidelines contained in § 240-46H of the Code.
For properties located in the B - MUB - Business-Mixed Use Business District, the approving agency shall apply design requirements and guidelines contained in § 240-47H of the Code.
For properties located in the UR - Urban Renewal District, the approving agency shall apply the design requirements and guidelines contained in § 240-48.1D of the Code.
If there is a conflict between any of the provisions of § 177-5A through and including K of the Code and any of the provisions of the applicable design requirements and guidelines, the provisions of §§ 240-45H, 240-46H, 240-47E or 240-48.1D of the Code, as the case may be, shall be applied.
No building permit shall be issued until site plan approval shall have been obtained from the approving agency.
No certificate of occupancy for any structure or use upon or within the site shall be issued until all of the required conditions of the site plan approval have been met. The continued validity of any certificate of occupancy shall be subject to continued conformance with the approved site plan and conditions attached thereto.
Any amendment of a site plan shall be subject to the same approval procedure as provided in this chapter except where a waiver pursuant to §§ 177-12 or 177-17 herein has been granted.
The provisions of this chapter shall not apply in any of the following instances:
A single one-family dwelling which is not part of a staged development.
A single two-family dwelling which is not part of a staged development.
All alterations to existing buildings or structures, whether or not there shall be a change of use which is permitted within the zoning district, provided that the Director of Building Code Enforcement and Land Use Administration and the Town Engineer make a written finding that the alteration will not substantially intensify the use or substantially modify the site with respect to generation of traffic, pedestrian movement, parking needs, noise, glare, exposure to hazard from fire or flood, utilization of water supply, sanitary sewer, drainage or other utility system and will not, in any other way, have a substantial impact upon the character or environment of the surrounding area, and provided further that, if such written finding is not made, the application shall be referred to the approving agency for site plan review.
[Amended 10-16-2002 by L.L. No. 10-2002]
The application procedure for site plan approval shall involve a three-stage process: a presubmission conference, site plan application and public hearing by the Planning Board. The Planning Board may adopt such rules and regulations as may be required to implement the application procedure.
Prior to the submission of a site plan application, the applicant shall meet in person with the Planning Board and with the Director of Building Code Enforcement and Land Use Administration. The purpose of such conference shall be to discuss proposed uses or development in order that the necessary subsequent steps may be undertaken with a clear understanding of the approving agency's requirements in matters relating to site development.
[Amended 10-16-2002 by L.L. No. 10-2002]
Because all applications for site plan approval must comply with this chapter, any application requiring a variance or special permit must show that such variance or special permit has been granted, or, where permitted, that such special permit application is being simultaneously submitted to the approving agency, by the appropriate agency prior to the filing of the site plan application with the Secretary to the Planning Board.
Within six months of the presubmission conference, 16 copies of the application for site plan approval shall be filed with the Secretary to the Planning Board, accompanied by a detailed development plan prepared by a licensed architect or professional engineer under his professional seal, provided on a certified survey of the site, which shall be prepared by a licensed surveyor, which plan shall contain the information specified below:
A map showing the applicant's entire property and adjacent properties, including all improvements thereon, and streets, within a radius of 500 feet from the perimeter of the site, at a scale of not more than 50 feet to the inch, and any relevant deed restrictions or covenants pursuant to the deed, lease, mortgage or any other document, where such restrictions or covenants affect the use of the land, shall also be noted. A deed of ownership shall be submitted. If the applicant for site plan approval is not the present owner of the property, then a letter shall be submitted by the owner of the property consenting to the application for site plan approval.
The proposed use, location, height and design of all existing and proposed buildings and structures not designated for demolition or removal, including front elevations.
Any proposed division of buildings and structures.
Any proposed division of any building into units of separate occupancy.
The proposed spatial arrangement of land uses.
Existing topography and proposed grade elevations at intervals of two feet or less.
The location of all existing watercourses, intermittent streams, wetland areas, rock outcrops, wooded areas and other significant existing features.
The general configuration of all existing and proposed public and private roads, drives and walkways.
Proposed final grades, including detailed information relative to methods to be used to retain, stabilize and/or refurbish regraded areas.
The location of all parking and truck-loading areas, with access and egress drives thereto.
The location of traffic safety devices and directional flow of traffic.
The location of any outdoor storage.
The location and description of all existing and proposed site improvements, including but not limited to drainage pipes, drains, culverts, ditches, bridges or other drainage works, retaining walls and medians, dividers and fences. Drainage information shall be provided by a licensed professional engineer, furnished under his seal.
The location of all proposed and existing easements.
The location of any special and/or zoning district lines.
A description of the method of water supply and sewage and garbage disposal and the location of such facilities.
The location, height and size of all signs.
The location, height, quality and design of all landscaping and buffer areas.
The location, height and design of lighting, power and communication facilities.
Letters or permits from other agencies having jurisdiction as to their comments on the site development plan, as well as a certification from the Director of Building Code Enforcement and Land Use Administration of the Town of Mamaroneck that the proposed site plan or amendment meets all requirements of Chapter 240, Zoning, of the Code of the Town of Mamaroneck, or, if it fails to meet all such requirements, those variances which would be necessary in order for the applicant to obtain a building permit.
[Amended 10-16-2002 by L.L. No. 10-2002]
The location of fire and other emergency zones, including the location of fire hydrants.
The location, height, design and direction of all exterior and rooftop structures and facilities, including the placement of noise baffles and appropriate screening, provided that all are in accordance with the provisions of Chapter 240, Zoning, § 240-56, of the Code of the Town of Mamaroneck and such other provisions of law as may be applicable.
The proposed location and design of all parking and access facilities as are required for the handicapped pursuant to the New York State Uniform Fire Prevention and Building Code.
A list of all property owners within a three-hundred-foot radius of the perimeter of the property which is the subject of the application, along with their mailing addresses as are recorded in the Assessor's office of the Town of Mamaroneck, with a certification by the person preparing said list that he or she has compared the list to the records maintained in the Assessor's office of the Town of Mamaroneck and that they are accurate and contain the names and addresses of all property owners within 300 feet of the perimeter of the subject property.
Any other pertinent information as may be necessary to determine and provide for the proper enforcement of this chapter as determined by the approving agency.
If the site plan indicates a development in stages, a supplementary plan shall be submitted simultaneously with the proposed site plan, indicating the total contemplated development.
A site plan, following approval by the approving agency, shall be valid for a period of 24 months from the date of such approval. If there is no substantial change in the condition of the site and/or its environs, site plan approval may be extended by the approving agency for one additional period of one year.
After approval of a complete site plan, subsequent applications for alterations which are referred to the approving agency by the Director of Building Code Enforcement and Land Use Administration and/or Town Engineer, in accordance with § 177-7C herein, need only contain documents and information which directly relate to the alteration under consideration. However, the alteration will be considered in relation to the entire site plan previously approved.
[Amended 10-16-2002 by L.L. No. 10-2002]
[Amended 7-17-1996 by L.L. No. 14-1996; 10-16-2002 by L.L. No. 10-2002]
The Planning Board shall forward one copy of the site plan application to the Town Engineer, the Director of Building Code Enforcement and Land Use Administration, the Fire Department, the County Planning Department, the Traffic Committee and the State Department of Transportation, if the site plan shows frontage along a state highway, and other local, state, county, regional and federal agencies having jurisdiction, as well as to any technical consultants that the Planning Board, in its discretion, deems necessary or appropriate for a thorough review of the application.
Public hearing.
A public hearing on a site plan application shall be scheduled and conducted by the Planning Board, unless such hearing has been waived pursuant to § 177-12A(2), within 62 days after certification to the Planning Board, by the Secretary to the Planning Board, of receipt of a properly completed application.
[Amended 7-17-1996 by L.L. No. 14-1996; 2-16-2005 by L.L. No. 2-2005[1]]
Editor's Note: L.L. No. 3-2005, adopted 3-16-2005, provided that this local law shall become effective 4-30-2005 if it was filed with the Secretary of State prior to that date.
The Planning Board may, in its discretion, waive the hearing requirement after having made written findings setting forth why such waiver is not inconsistent with the purpose of this chapter.
If the Planning Board fails to waive or to conduct a hearing within 62 days after certification, the application shall be deemed to be approved.
[Amended 7-17-1996 by L.L. No. 14-1996]
Action by Planning Board.
Within 62 days of the date of the public hearing held after the receipt of a properly completed application or, where the hearing is waived, within 62 days after the Planning Board meeting at which the waiver was granted, the Planning Board shall act to either approve, disapprove or approve with conditions the site plan application and shall specify what conditions, if any, are necessary.
[Amended 7-17-1996 by L.L. No. 14-1996]
Planning Board disapproval shall include written findings.
Approval of amendments to an approved site plan shall be acted upon in the same manner as an application for the approval of an original site plan. The fact that a hearing was held or that it was waived upon the original application does not predetermine how an amended site plan application is to be processed. Each application should be judged on its own merits and by its potential impacts.
The person applying for the approval of a site plan must comply with the notification procedures contained in Chapter 144.
[Added 2-16-2005 by L.L. No. 2-2005[2]]
Editor's Note: L.L. No. 3-2005, adopted 3-16-2005, provided that this local law shall become effective 4-30-2005 if it was filed with the Secretary of State prior to that date.
Whenever the circumstances of the proposed development require compliance with this Chapter 177 and with any other local law, ordinance or requirement of the town, the approving agency shall, in all cases where it is practicable, attempt to integrate, as appropriate, the site plan review as required by this chapter with the procedural submission requirements of such other local laws, ordinances and requirements; provided, however, that such attempt to integrate such procedures shall not in any way interfere with any of the requirements of this chapter or any other applicable local law, ordinance or requirement.
[Amended 10-16-2002 by L.L. No. 10-2002]
The approved site plan shall be revised by the applicant to include all conditions imposed by the approving agency. It may then be signed and dated by the Secretary to the Planning Board. The approving agency shall submit a signed copy of the approved site plan, revised as set forth above, to the Director of Building Code Enforcement and Land Use Administration.
[Amended 7-17-1996 by L.L. No. 14-1996; 8-17-2011 by L.L. No. 8-2011]
Every application for site plan approval shall be accompanied by the fee set forth in § A250-1. Should an agency of the Town having jurisdiction over an application deem it necessary to hire consultants for technical review and/or on-site inspection, the applicant shall be required to pay the actual cost to the town for such services.
The approving agency may require that public improvements and landscaping be secured by a performance guaranty in the same manner prescribed for such improvements in Chapter 190, Subdivision of Land, of the Code of the Town of Mamaroneck and/or through the use of letters of credit approved as to form by the Counsel to the Town and as to substance by the approving agency.
Upon a finding by the approving agency that, due to the particular character or limited nature of a development or change in use or to special conditions peculiar to a site, the submission of a preliminary and/or final site plan or of certain portions of the information normally required as part of the site development plan is inappropriate or unnecessary or that strict compliance with said requirements will cause extraordinary and unnecessary hardship, the approving agency may vary or waive such submission or requirements wherever, in the opinion of the approving agency, such variance and waiver will be consistent with the goal of promoting the public health, safety, comfort, convenience and general welfare of the community. The findings for granting such waiver shall become a part of the public record.
Any violation of this chapter shall constitute a violation and be punishable by a fine of up to $250 for each such violation, except that the placing of any structure on a property which requires site plan approval or amendment to a site plan approval without first obtaining said site plan approval shall be a misdemeanor punishable by a fine not to exceed $1,000 or imprisonment for a period not to exceed six months.