This chapter shall be known as the "Site Plan Approval Law of the Town of Mamaroneck."
[HISTORY: Adopted by the Town Board of the Town of Mamaroneck 8-8-1984 by L.L. No. 3-1984 (Ch. 66A of the 1975 Code). Amendments noted where applicable.]
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:
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
Drainage.
[Amended 6-30-1986 by L.L. No. 6-1986]
(1)
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.
(2)
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.
(3)
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.
H.
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.
I.
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.
J.
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.
K.
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.
L.
Design requirements and guidelines.
[Added 5-18-2004 by L.L. No. 8-2004]
(1)
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.
(2)
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.
(3)
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.
A.
No building permit shall be issued until site plan approval shall have been obtained from the approving agency.
B.
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.
The provisions of this chapter shall not apply in any of the following instances:
A.
A single one-family dwelling which is not part of a staged development.
B.
A single two-family dwelling which is not part of a staged development.
C.
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 Building Inspector or 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; 1-20-2016 by L.L. No. 1-2016]
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.
[Amended 10-16-2002 by L.L. No. 10-2002; 1-20-2016 by L.L. No. 1-2016; 7-17-2024 by L.L. No. 4-2024]
A.
Prior to the submission of a site plan application, the applicant and/or the applicant's authorized representative shall meet in person or virtually with a group consisting of some or all of the following persons: the Building Inspector, the Director of Building Code Enforcement and Land Use Administration, the Engineer, the Town's Consulting Engineer, the Environmental Planner or Coordinator, the Attorney for the Planning Board, the Attorney for the Town and any other Town employees or outside consultants invited to the conference by the Town. The purpose of such conference shall be to discuss proposed uses or development, identify potential issues and review the procedural requirements for a site plan application so that the applicant will have a better understanding of the process for site plan approval.
B.
An application for site plan approval involving a parcel that requires variances of any kind for its proposed use must include a copy of the resolutions adopted by the Board of Appeals granting such variances. If a requisite variance has not been obtained at the time such application is filed, the applicant may include with the application a list of all variances that the proposed site plan will require. The Planning Board may consider the application but will not grant site plan approval until the applicant presents a copy of the resolutions adopted by the Board of Appeals granting such variances. The grant of a variance shall not require the Planning Board to grant site plan approval.
C.
If a use for which a special use permit already has been issued will continue, and if such special use permit is still in effect, the application for site plan approval shall contain a copy of the most recent special use permit.
D.
If the application for site plan approval will require a new or amended special use permit, the application for site plan approval shall be accompanied by an application for a special use permit.
[Amended 10-16-2002 by L.L. No. 10-2002; 1-20-2016 by L.L. No. 1-2016; 7-17-2024 by L.L. No. 4-2024]
A.
Within six months of the later of the presubmission conference or the grant of all required variances, the applicant shall file with the Building Department an application for site plan approval, which shall include signed and sealed full-size (36" x 24" or at a different scale if necessary to be legible) and reduced-size (11" x 17") copies of a detailed development plan prepared by a New York State licensed architect or a New York State licensed professional engineer under his/her professional seal and a copy of a certified survey prepared by a New York State licensed surveyor under his/her professional seal on which is superimposed the site, as it exists at the time of the application. Unless the Building Department requests a different number, there shall be at least three full-size copies, nine reduced-size copies of the aforementioned items and one copy in a digital format acceptable to the Engineer. The size, type and quantity of all additional submissions shall be the same as the original submission. The detailed development plan shall contain the information specified below:
(1)
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 all easements, licenses, leases, covenants and other restrictions, if any, other than zoning, that affect the proposed use of the land.
(2)
The present and the proposed use, location, height and design of all existing and proposed buildings and structures whether or not designated for demolition or removal, including front, rear and side elevations.
(3)
Any proposed division of buildings and structures.
(4)
Any proposed division of any building into units of separate occupancy.
(5)
The proposed spatial arrangement of land uses.
(6)
Existing topography and proposed grade elevations at intervals of two feet or less, unless the Engineer determines that such information is unnecessary for site plan review.
(7)
The location of all existing watercourses, waterbodies, intermittent streams wetland areas, designated floodplains, rock outcroppings, wooded areas and other significant existing features.
(8)
The configuration of all existing and proposed public and private roads, drives and walkways.
(9)
Proposed final grades, including detailed information relative to methods to be used to retain, stabilize and/or refurbish regraded areas.
(10)
The location of all proposed parking and truck-loading/unloading areas, with access and egress drives thereto.
(11)
The directional flow of traffic and the location of all proposed traffic safety devices, including but not limited to signage, pavement markings, signals and equipment.
(12)
The location of any proposed outdoor storage.
(13)
The location and description of all existing and proposed site improvements, including, but not limited to, drainage pipes, drains, culverts, ditches, bridges and/or other drainage works, retaining walls, medians, dividers and fences. Drainage information shall be provided by a New York State licensed professional engineer, furnished under his/her seal.
(14)
The location of all proposed and existing easements.
(15)
The location of any special and/or zoning district lines.
(16)
A description of the method of water supply and sewage and garbage disposal and recycling facilities and the proposed location of such facilities and their proposed connection to existing public facilities.
(17)
The location, height and size of all proposed signs.
(18)
A landscaping plan showing the location, height, description, quality and design of all existing and proposed landscaping and buffer areas, including, but not limited to, the plantings proposed to be removed, moved or added and an explanation of how the plantings that remain and the plantings proposed to be added will be protected and maintained.
(19)
The location, height and design of all proposed lighting, power and communication facilities.
(20)
The layout of all above and below-ground utilities serving the site that are not mentioned herein.
(21)
Letters or permits in the applicant's possession at the time the application is filed from all other agencies having jurisdiction with their comments, if any, on the site development plan.
(22)
The location of fire and other emergency zones, including, but not limited to, the location of fire hydrants, access drives, gates and appurtenances.
(23)
The location, height, design and direction of all exterior and rooftop structures and facilities, including, but not limited to, the placement of noise baffles and appropriate screening and a statement that all are in accordance with the provisions of Chapter 240 of the Code of the Town of Mamaroneck and such other provisions of law as may be applicable.
(24)
The proposed location and design of all accessible parking and accessible routes required pursuant to the New York State Uniform Fire Prevention and Building Code or any code that replaces it.
(25)
Any other pertinent information as the Building Inspector, Director of Building Code Enforcement and Land Use Administration, the Town Engineer, the Deputy Town Engineer or the Planning Board may deem appropriate to determine and provide for the proper enforcement of this chapter.
B.
The applicant shall submit proof that he/she/it has the right to use the site. Such proof can be in the form of a deed, a lease, an easement, a license or some other form of permission acceptable to the counsel for the Planning Board. A copy the deed showing the site's present owner shall be submitted. If the applicant is not the sole owner of the property, the application shall include a notarized letter from the other owners consenting to the application for site plan approval unless such approval is provided on the submitted application form.
C.
If the site plan indicates a development in stages, a supplementary plan shall be submitted contemporaneously with the proposed site plan, showing the total contemplated development and the proposed phasing.
D.
Subsequent applications to alter or amend an approved site plan, which are not exempt from site plan review pursuant to § 177-7C of the Code of the Town of Mamaroneck, need only contain documents and information which directly relate to the proposed alteration or amendment. However, the alteration will be considered in the context of the entire previously approved site plan. The size, type and quantity of all additional submissions shall be the same as required by § 177-10A of the Code of the Town of Mamaroneck.
[Amended 7-17-1996 by L.L. No. 14-1996; 10-16-2002 by L.L. No. 10-2002; 1-20-2016 by L.L. No. 1-2016]
The Planning Board shall forward one copy of the site plan application to the Town Engineer, the Building Inspector or 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.
[Amended 7-17-1996 by L.L. No. 14-1996; 2-16-2005 by L.L. No. 2-2005; 3-16-2005 by L.L. No. 3-2005; 6-26-2024 by L.L. No. 3-2024; 7-17-2024 by L.L. No. 4-2024]
A.
Public hearing.
(1)
Unless a public hearing has been waived pursuant to § 177-12A(3), below, a public hearing on a site plan application shall be opened by the Planning Board, within 62 days after the Engineer certifies that a properly completed application has been received within the meaning of Town Law § 274-a(8). Notwithstanding such certification, the Planning Board may determine that an application is incomplete and if it does, it shall identify the required items that are missing therefrom. Such application shall not be considered received within the meaning of Town Law § 274-a(8) until the Engineer certifies that the applicant has supplied the missing items. A public hearing on a site plan application previously determined not to have been received within the meaning of Town Law § 274-a(8) shall be opened by the Planning Board within 62 days after the Engineer's certification that the applicant has supplied the missing items. For applications certified as complete by the Engineer between June 1 and August 31, the number of days within which a public hearing shall be opened shall be 90 days, not 62 days.
(2)
Notwithstanding the provisions of Subsection A(1), the public hearing shall be opened only:
(3)
In its discretion, the Planning Board may waive the requirement for a public hearing if it makes written findings setting forth why such waiver is not inconsistent with the purpose of this chapter.
B.
Action by Planning Board.
(1)
Within 62 days after the date on which the public hearing is closed, or within 62 days after the meeting at which the Planning Board determines to waive the requirement for a public hearing, the Planning Board shall either approve, disapprove or approve with conditions the site plan application and shall specify the conditions of site plan approval, if any. When a public hearing is closed, or the Planning Board's determination to waive a public hearing occurs in June, July or August, the time within which the Planning Board must act upon such application shall be 90 days, not 62 days.
(2)
A resolution disapproving a site plan application shall include written findings for the disapproval.
(3)
Applications for alterations or amendments to an approved site plan shall be acted upon in the same manner as the application for the approval of the original site plan. The fact that a hearing was held or waived for the original application shall not predetermine how an application for an amended site plan is to be processed.
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; 1-20-2016 by L.L. No. 1-2016; 7-17-2024 by L.L. No. 4-2024]
A.
Five signed and sealed copies of the approved site plan shall be revised by or on behalf of the applicant to include all conditions imposed by the Planning Board. When such conditions are properly incorporated into the revised site plan, it shall be signed and dated by the Engineer. The Secretary to the Planning Board shall transmit signed copies of the approved site plan, as so revised, to the applicant, the Engineer, the Building Inspector or the Director of Building Code Enforcement and Land Use Administration and the Environmental Planner.
B.
The approval of a site plan or an amendment to a site plan shall expire automatically, without notice given to the applicant or the applicant's representative, if a building permit is not obtained within 24 months from the date of such approval. If the Engineer determines that there is no substantial change in the approved site plan and in the condition of the site and/or its environs prior to the date such approval will expire, the Planning Board may extend its approval for a period of up to one year. If an approval is extended, such approval shall expire automatically, without notice given to the applicant or the applicant's representative, if a building permit is not obtained within the period of the extension period.
[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.
[Amended 7-17-2024 by L.L. No. 4-2024]
A.
A person who violates any provision of this chapter shall be guilty of an offense within the meaning of NY Penal Law § 10.00(1). Upon conviction for violating any of the sections of this chapter, the convicted person and/or entity shall be punished by a fine of not less than $250 and not more than $1,000 per violation per day, except that a person and/or entity convicted of placing any structure which requires site plan approval or an amendment to a site plan approval without first obtaining such approval shall be punished by a fine of not less than $1,000 and not more than $2,500 per day.
B.
Nothing in this section shall limit the Town from seeking other or additional remedies, including but not limited to injunctive relief and/or the issuance of stop-work orders, if a person:
(1)
Places any structure which requires site plan approval or approval of an amendment to a site plan approval without first obtaining such approval; or
(2)
Fails to comply with an approved site plan or an approved amendment thereof; or
(3)
Fails to comply with any of the terms or conditions of the Planning Board resolution that approved such site plan or amendment thereof.