HomeMy WebLinkAbout2024_8_8_Local_Law_No_4 Local Law No. 4—2024
This local law shall be known as the "Update of the Procedures for Site Plan Review of Non-
Residential Development" Law.
BE IT ENACTED by the Town Board of the Town of Mamaroneck
Section 1 -Purpose:
Based upon the Planning Board's experience in handling applications for site plan review,
certain aspects of the process are updated by this local law to make the process run more smoothly
both for applicants and the Planning Board.
Section 2-Amendment of a current section of the Mamaroneck Code:
Section 177-9 of the Code of the Town of Mamaroneck hereby is repealed and the
following substituted in its place:
§ 177-9 Pre-submission conference.
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.
Section 3-Amendment of a current section of the Mamaroneck Code:
Section 177-10 of the Code of the Town of Mamaroneck hereby is repealed and the
following substituted in its place:
§ 177-10 Contents of application; filing.
A. Within six months of the later of the pre-submission 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 (3) full-size copies,
nine (9) 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 five
hundred (500) feet from the perimeter of the site, at a scale of not more than
fifty (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.
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(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 (2)
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.
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(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, 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.
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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.
E. Nothing hereinabove shall preclude the Planning Board from requesting that
additional documents be filed (i) in order for the application to be deemed
complete or (ii) in connection with the Planning Board's review of the application.
Section 4-Amendment of a current section of the Mamaroneck Code:
Section 177-12 of the Code of the Town of Mamaroneck hereby is repealed and the following
substituted in its place:
§ 177-12 Public hearing and action by Planning Board.
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 paragraph A. (1), the public hearing shall be
opened only
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(i) if the Building Inspector or the Director of Building Code Enforcement and
Land Use Administration has certified that the proposed site plan meets all
requirements of Chapter 240 of the Code of the Town of Mamaroneck and/or all
requirements of any variances granted by the Board of Appeals, and
(ii) if the Secretary to the Planning Board has certified that the applicant has
complied with the notification procedures of Chapter 144 of the Code of the Town
of Mamaroneck for site plan applications where compliance therewith is mandated.
(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.
Section 5-Amendment of a current section of the Mamaroneck Code:
Section 177-14 of the Code of the Town of Mamaroneck hereby is repealed and the following
substituted in its place:
§ 177-14 Filing of approved site plan; expiration of approval.
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
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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 twenty-four (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 (1)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.
Section 6-Amendment of a current section of the Mamaroneck Code:
Section 177-18 of the Code of the Town of Mamaroneck hereby is repealed and the following
substituted in its place:
§ 177-18 Penalties for offenses.
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 sections of this
chapter, the convicted person and/or entity shall be punished by a fine of not less than two-
hundred fifty and no/100ths ($250.00) dollars and not more than one thousand and
no/100ths ($1,000.00) dollars 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 one thousand and no/100ths ($1,000.00) dollars and not more than two thousand
five hundred and no/100ths($2,500.00) dollars 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 (i) places any structure which requires site plan approval or approval of an
amendment to a site plan approval without first obtaining such approval or (ii) fails to
comply with an approved site plan or an approved amendment thereof or (iii) fails to
comply with any of the terms or conditions of the Planning Board resolution that
approved such site plan or amendment thereof.
Section 7-Severability:
Should any provision of this Local Law be declared invalid or unconstitutional by any court of
competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any
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other provisions of this Local Law, which may be implemented without the invalid or
unconstitutional provisions.
Section 8-Effective Date:
This Local Law shall become effective upon filing with the Secretary of State.
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