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HomeMy WebLinkAbout1984_8_8_Local_Law_No_3 Local Law No. 3, 1984 SITE PLAN APPROVAL 1. TITLE This local, law shall be known as Site Plan Approval Law-of-the Tower of Mamaroneck. 2. PURPOSE In order to ensure that proposed development and use of land within the unincorporated area of the Town of Mamaroneck will have a harmonious rela- tionship with the existing or permitted use of contiguous land and of adja- cent neighborhoods and so to ensure that the health, safety, welfare, cam-- fort, and convenience of the public is fully considered; this law is hereby t enacted. 3. DEFINITIONS As used in this article, the following terms shall have the meaning indi- cated. { SITE PLAN A plan which shows the proposed development and use of land within the unincorporated portion of the Town of Mamaroneck, I Such plan shall consist of a map affirmatively demonstrating com- pliance with and adequate provision for all of the criteria, mat- ters, and items listed in this local law. 4. APPROVING AGENCIES The approving agencies for .site plans and all amendments to and modifica- tions thereof shall be as follows: Pursuant to Section 274 (a) of the Town Law, the Town Board hereby delegates to the Planning Board the approval authority for all site plan applications. 5. STANDARDS 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 Sec- tion 274(a)(1)(a) of the Town Law of the State of New York, and shall con- sider the standards set forth therein in granting site plan approval. The Approving agency shall also take into consideration the following standards_ - 1 - (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 pro- per 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 parti- cular attention to all intersections with vehicular traffic. (C) Circulation and Parking Off-street parking and loading spAces shall be arranged with considera- tion given to their location, sufficiency, and appearance and to pre- vent parking in public streets of vehicles of persons connected with or visiting the use. The interior circulation system shall be ade- quate 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 ser- vice areas shall be reasonably landscaped and/or screened so as to provide adequate visual, and noise buffers in all seasons from neigh- boring 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, ridgelines, major stands of trees, outstanding natural topography, significant geological features, and other areas of scenic, ecological and his- toric 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 eco- logically disruptive elements of site preparation, such as blasting, diversion of water courses, 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, equip- { ment and material shall be adequate and readily accessible for the protection of the proposed uses from fire. (G) Drainage 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 zon- ing standards. Drainage shall be conducted to a point of adequate and suitable disposal. Where appropriate, retention shall be provided so as to limit overflow from the site to zero increase in the rate of run-- off as related to existing conditions. f (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. (3) Location and Dimension of Buildings The location, arrangement, size, and design of the buildings, lighting, and signs shall be compatible 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 pro- ( posed use is a nonresidential use which would adjoin residential areas, special consideration shall be given by the approving agency to mini- mizing the impact of,the proposed use on the residential properties. 6. APPROVAL REQUIRED (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. (C) Any amendment of a site plan shall be subject to the same approval pro- cedure as provided in this local law except where a waiver pursuant to Sections 8(E), 8(F), or 14 herein has been granted. 7. EXEMPTIONS The provisions of this local law 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 dis- trict, provided that the Building Inspector 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 traf- fie, pedestrian movement, parking needs, noise, glare, exposure to hazard from fire or flood, utilization of water supply, sanitary sewer, drain- s age or other utility system, and will not, in any other way, have a sub- stantial impact upon the character or environment of the surrounding area. Provided further that if such written finding is not made, the applica- tion shall be referred to the approving agency for site plan review. 8. APPLICATION PROCEDURE (A) The application procedure for site plan approval shall involve a three- ] stage process: presubmission conference, site plan application, and pub- s _. lic hearing by the Planning Board. The Planning Board may adopt such rules and regulations as may be required to implement the application procedure. ^ 4 - (B) Presubmission Conference Prior to the submission of a site plan application, the applicant shall meet in person with the Planning Board and with the Building Inspector. ' The purpose of such conference shall be to discuss proposed uses_o_r.de-_-__---.- velopment 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. Because all applications for site plan approval must comply with this local law, any application requiring a variance or special permit must show that such variance or special permit has been granted (or where per- mitted, that such special permit application is being simultaneously sub- mitted to the approving agency) by the appropriate agency prior to the filing of the site plan application with the Secretary to the Planning Board. (C) A pp lication for Site Plan Approval (1) Within six (6) months of the presubmission conference, sixteen (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) A map showing the applicant's entire property and adjacent prop- erties (including all improvements thereon) and streets, within a radius of five hundred (500) feet from the perimeter of the site, at a scale of not more than fifty (50) feet to the inch; any relevant deed restrictions or covenants pursuant to deed, Y 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. I - 5 - (b) The proposed use, location, height, and design of all existing and proposed buildings and structures not designated for demoli- tion or removal, including front elevation. { (c) Any proposed division of buildings and structures. (d) Any proposed division of any building into units of separate occupancy. (e) she proposed spatial arrangement of land uses. (f) Existing topography and proposed grade elevations at intervals of two (2) feet or less. (g) Location of all existing watercourses, intermittent streams, wetland areas, rock outcrops, wooded areas, and other signifi- cant existing features. (h) The general configuration of all existing and proposed public and private roads, drives, and walkways. { (i) Proposed final grades, including detailed information relative to methods to be used to retain, stabilize and/or refurbish regraded areas. (j) Location of all parking and truck loading areas with access and egress drives thereto. (k) Location of traffic safety devices and directional flow of traffic. (1) Location of any outdoor storage. (m) Location and description of all existing and proposed site im- provements, 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. (n) Location of all proposed and existing easements. (o) Location of any special and/or zoning district lines. (p) Description of method of water supply and sewage and garbage ( disposal and location of such facilities. (q) Location, height, and size of all signs. - 6 - (r) Location, height, quality, and design of all landscaping and " - buffer areas. - (s) Location, height, and design of lighting, power, and communica- tion facilities. (t) Letters or permits from other agencies having jurisdiction as to their comments on the site development plan, as well as a certification from the Building Inspector of the Town of Mama- roneck that the proposed Site Plan or Amendment meets all re- quirements of the Zoning Ordinance 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 Build- ing Permit. (u) Location of fire and other emergency zones, including the loca- tion of fire hydrants. (v) Location, height, design, and direction of all exterior and roof- top structures and facilities, including the placement of noise baffles and appropriate screening (provided all are in accordance with the provisions of the Zoning Ordinance of the Town of Mama- roneck, Section 89-45 and such other provisions of law as may be - applicable). (w) The proposed location and design of all parking and access facili- ties as are required for the handicapped pursuant to the New York State Building Code. (x) A list of all property owners within a three--hundred foot radius of the perimeter of the property which is the subject of the appli- cation, along with their mailing addresses as are recorded in the Assessor's Office of the Town of Mamaroneck, with a certi- fication 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 three-hundred feet of the perimeter of the subject property. (y) Any other pertinent information as may be necessary to determine and provide for the proper enforcement of this local law as de- termined by the approving agency. _ 7 _ (2) If the site plan indicates a development in stages, a supplementary plan shall be submitted simultaneously with the proposed site plan, indicating total contemplated development. i (3) A site plan, following approval by the approving agency, shall be valid for a period of twenty-four (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 (1) additional period of one (1) year. (4) After approval of a complete site plan, subsequent applications for alterations which are referred to the approving agency by the Building Inspector and/or Town Engineer in accordance with Section 7(C) 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 as previously approved. (D) Referral The planning Board shall forward one (1) copy of the site plan application to the Town Engineer, the Building Inspector, the Fire Department, the County Planning Department, the Conservation Advisory Commission, 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. (E) Public Hearing (1) 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 8(E)(2)]within sixty (60) days after certification to the Planning Board by the Secretary to the Planning Board, of receipt of a properly completed application. (a) Public notices shall be as required by the Town Law of the State of New York and to all owners of property within a three-hundred foot.5radius of the perimeter of the property which is the subject of the site plan application. f - 8 - (2) The Planning Board may, in its discretion, waive the hearing require- ment after having made written findings setting forth why such waiver is not inconsistent with the Purpose of this Local Law: { (3) if the Planning Hoard fails to waive or to conduct a hearing within sixty (60) days after certification, the application shall be deemed to be approved. (F) Action by Planning- Board (1) Within sixty (60) days of the date of the public hearing held after the receipt of a properly completed application, or where the hear- ing is waived within sixty (60) days after the Planning Hoard meet- ing 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, (2) Planning Hoard disapproval shall include written findings. (3) 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. 9. INTEGRATION OF PROCEDURES Whenever the circumstances of the proposed development require compliance with this Site Plan Approval Law and with any other local law, ordinance, or require- ment of the Town, the approving agency shall, in all cases where it is practi- cable, attempt to integrate, as appropriate, the Site Plan Review as required by this local law 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 re- quirements of this local law or any other applicable local law, ordinance, or requirement. 10. FILING OF APPROVED SITE PLAN WITH BUILDING INSPECTOR The approved site -plan shall be revised by the applicant to include ail condi- tions imposed by the approving agency. It may then be signed and dated by the - 9 - 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 Building Inspector. I 11. FEES Every application for site plan approval shall be accompanied by a fee of three hundred dollars ($300.00) plus three dollars ($3.00) per each required off- street parking space to help defray the costs of processing the site plan appli- cation. Additionally, should the approving agency deem it necessary to hire consultants for technical, review, the applicant shall be required to bear the expense not to exceed the total cost to the Town, In addition, if deemed neces- sary by the approving agency, the applicant shall he required to bear the costs of on-site inspection by technical consultants employed by the Town. 12, PERFORMANCE GUARANTEE ! The approving agency may require that public improvements and landscaping be secured by a performance guarantee in the same manner prescribed for such im- provements in the Town Subdivision Regulations and/or through the use of letters of credit approved as to form by the Towns Attorney, and as to substance by the approving agency. 13. PENALTIES Any violation of this local law shall constitute a violation and be punishable by a fine of up to $250.00 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 $1,000.00 or imprisonment for a period not to exceed six months. G 14. WAIVER OF REQUIREMENTS 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 approv- - 10 - i ing 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. 15. SEVERABILITY Should a enurt of competent ,jurisdiction declare any provision of this local law invalid, such declaration of invalidity shall not affect any other pro- vision of this local law. 16. EFFECTIVE DATE This local law shall take effect immediately. r - 11 -