A.
On application and after public notice and hearing,
the Planning Board may authorize the issuance by the Building Inspector
of permits for any of the conditional uses for which this chapter
requires such permits in the district in which such use is proposed
to be located. In approving any such use, the Planning Board shall
take into consideration the public health, safety and welfare and
the comfort and convenience of the public in general and of the residents
of the immediate neighborhood in particular and may prescribe appropriate
conditions and safeguards as may be required in order that the result
of its action shall, to the maximum extent possible, further the expressed
intent of this chapter and the accomplishment of the following objectives
in particular:
[Amended 9-16-1969 by Ord. No. 73]
(1)
That all proposed structures, equipment or material
shall be readily accessible for fire and police protection.
(2)
That the proposed use shall be of such location, size
and character that, in general, it will be in harmony with the appropriate
and orderly development of the district in which it is proposed to
be situated and will not be detrimental to the orderly development
of adjacent properties in accordance with the zoning classification
of such properties.
(3)
That, in addition to the above, in the case of any
use located in or directly adjacent to a residential district:
(a)
The location and size of such use, the nature
and intensity of operations involved in or conducted in connection
therewith, its site layout and its relation to access streets shall
be such that both pedestrian and vehicular traffic to and from the
use and the assembly of persons in connection therewith will not be
hazardous or inconvenient to or incongruous with said residential
district or conflict with the normal traffic of the neighborhood;
and
(b)
The location and height of buildings, the location,
nature and height of walls and fences and the nature and extent of
landscaping on the site shall be such that the use will not hinder
or discourage the appropriate development and use of adjacent land
and buildings.
B.
Each application for a conditional use shall be accompanied by a proposed site plan showing the size and location of the lot and the location of all buildings and proposed facilities, including access drives, parking areas and all streets within 200 feet of the lot. Such site plan shall be submitted, shall be processed and shall contain all the information required for the approval of site plans under § 200-50 of this chapter, including all public hearing requirements.
[Amended 4-22-1975 by Ord. No. 83; 8-9-1994 by L.L. No. 5-1994; 12-15-2015 by L.L.
No. 5-2015]
C.
Prior to final action, the Planning Board shall refer any matter involving any of the areas specified in Article XII, § 200-52E(1)(a) through (e), to the Westchester County Planning Board in accordance with Section 277.61 of Chapter 277 of the Westchester County Administrative Code.
D.
Any use for which a conditional use permit may be
granted shall be deemed to be a conforming use in the district in
which such use is located, provided that such permit shall affect
only the lot or portion thereof for which such permit shall have been
granted.
[Amended 9-16-1969 by Ord. No. 73]
E.
The Planning Board may require that conditional use
permits be periodically renewed. Such renewal shall be granted following
due public notice and hearing and may be withheld only upon a determination
by the Planning Board to the effect that such conditions as may have
been prescribed by the Planning Board in conjunction with the issuance
of the original permit have not been or are being no longer complied
with. In such cases, a period of 60 days shall be granted the applicant
for full compliance prior to the revocation of said permit.
[Amended 9-16-1969 by Ord. No. 73]
F.
No proposed improvements or change of use may be implemented
and no building permit or certificate of occupancy may be issued until:
[Added 4-11-1995 by L.L. No. 2-1995]
G.
Expiration of conditional use approval.
[Added 4-11-1995 by L.L. No. 2-1995]
(1)
Approval of a conditional use shall expire if:
(a)
The applicant has not secured site plan approval
within one year from the date of the adoption of conditional use approval;
(b)
Site plan approval expires;
(c)
All required improvements are not maintained
and if all conditions and standards of the conditional use approval
are not complied with throughout the duration of the approved use;
or
(d)
The approved use ceases to exist for any reason
for more than one year.
(2)
The Planning Board may extend conditional use approval
if, in its opinion, such extension is warranted by the particular
circumstances involved.
[Amended 9-16-1969 by Ord. No. 73; 4-22-1975 by Ord. No.
83]
In any case wherein this chapter provides for
or requires the submission of site development plans showing the proposed
development and/or use of any land to the Planning Board for review,
the final action on the approval of such site plans is hereby delegated
to the Planning Board, and any building or use permit for the development
and/or use of such land and any certificate of occupancy or compliance
shall only be issued subject to the continued compliance with such
approved site plans and any restrictions imposed in relation thereto
by the Planning Board. In all such cases, no building permit shall
be issued by the Building Inspector except upon the authorization
of and in conformity with the site as finally approved by the Planning
Board.
A.
Objectives. In considering and acting upon site plans,
the Planning Board shall take into consideration the public health,
safety and welfare and the comfort and convenience of the public in
general and of the residents of the proposed development and of the
immediate neighborhood in particular and may prescribe such appropriate
conditions and safeguards as may be required in order that the result
of its action shall, to the maximum extent possible, further the expressed
intent of this chapter and the accomplishment of the following objectives
in particular:
(1)
Traffic access. That all proposed traffic access and
ways are adequate but not excessive in number; adequate in width,
grade, alignment and visibility; not located too near street corners
or other places of public assembly; and other similar safety considerations.
(2)
Circulation and parking. That adequate off-street
parking and loading spaces are provided to prevent parking in public
streets of vehicles of any persons connected with or visiting the
use and that the interior circulation system is adequate to provide
safe accessibility to all required off-street parking lots.
(3)
Landscaping and screening. 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 and that the
general landscaping of the site is in character with that generally
prevailing in the neighborhood. Existing trees over eight inches in
diameter measured three feet above the base of the trunk shall be
retained to the maximum extent possible.
(4)
Lighting.
[Added 10-3-2017 by L.L.
No. 6-2017]
(a)
Outdoor lighting shall be provided on the site to assure the
safe movement of vehicles and persons and for security purposes. Exterior
lighting in connection with all buildings, signs and other uses shall
be downward pointing, properly designed and shielded, and directed
away from adjoining streets and properties so as to avoid any objectionable
glare from being observable from such streets and properties.
(b)
The hours of lighting may be limited by the Planning Board in
acting on any site plan so as to prevent undesirable impacts on neighboring
properties and streets.
(c)
No use shall cause illumination beyond the property on which
it is located in excess of 0.5 footcandle, or the equivalent, as demonstrated
by an illumination contour plan.
(d)
The color temperature of outdoor lighting shall not exceed 3,000
Kelvin (3,000 K).
B.
Effect of site plan approval.
(1)
No building permit shall be issued for any structure
covered by this section until an approved site plan or approved amendment
of any such plan has been secured by the applicant from the Planning
Board and presented to the Building Inspector.
(2)
No certificate of occupancy will be issued for any
structure or use of land covered by this section unless the structure
is completed or the land is developed or used in accordance with an
approved site plan or approved amendment of any such plan.
(3)
Prior to final action, the Planning Board shall refer any matter involving any of the areas specified in Article XII, §§ 200-52E(1)(a) through (e), to the Westchester County Planning Board in accordance with Section 277.61 of Chapter 277 of the Westchester County Administrative Code.
[Amended 3-26-1985 by L.L. No. 2-1985[1]]
(4)
A proposed change to the use or the intensity of use
of any existing use which is subject to site plan approval under this
chapter shall also be subject to site plan approval.
[Added 3-10-1981 by Ord. No. 106]
C.
Procedure.
[Amended 9-16-1969 by Ord. No. 73]
(1)
Presubmission conference. Prior to the submission of a site plan, the applicant shall meet in person with the Planning Board. The purpose of such conference shall be to discuss proposed uses or development in order to determine which of the site plan elements listed in Subsection D shall be submitted to the Planning Board in order for said Board to determine conformity with the provisions and intent of this chapter.
(2)
Within six months following the presubmission conference,
the site plan and any related information shall be submitted to the
Building Inspector in triplicate at least 15 days prior to the Planning
Board meeting at which approval is requested. If not submitted within
this six-month period, another presubmission conference shall be required.
(3)
The Building Inspector shall certify on each site
plan or amendment whether or not the plan meets the requirements of
all Zoning Ordinance provisions other than those of this section regarding
site plan approval.
(4)
The Building Inspector shall retain one copy and transmit
two copies of the certified site plan to the Secretary of the Planning
Board at least seven days prior to the Planning Board meeting at which
approval is requested.
(5)
The Planning Board shall not render a decision upon
any site plan application without first holding a public hearing.
Such public hearing shall be held within 62 days from the date an
application is received by said Board. Notice of said hearing and
of the substance of the application shall be given by publication
in the official newspaper of the Town at least 10 days before the
date of such hearing. In addition to such published notice, the Town
Board shall cause such notice to be mailed at least 10 days before
the hearing to all owners of property which lies within 500 feet of
any lot line of the property for which site plan approval is sought
and to such other persons as the Planning Board may deem advisable.
The names of said owners shall be taken as they appear on the last
completed assessment roll of the Town. Provided that due notice shall
have been published and there shall have been substantial compliance
with the remaining provisions of the section, the failure to give
notice in exact conformance herewith shall not be deemed to invalidate
any action taken by the Planning Board in connection with the granting
of such approval. The Planning Board shall render a decision on the
site plan application within 62 days after said hearing, and the time
within which the Planning Board must render its decision may be extended
by mutual consent of the applicant and the Board. The decision of
the Planning Board shall immediately be filed in the office of the
Town Clerk and a copy thereof mailed to the applicant. Planning Board
disapproval shall include written findings upon any site plan element
found contrary to the provisions or intent of this chapter. In reviewing
the application, the Planning Board may secure the advice or assistance
of one or more expert consultants as qualified to advise whether a
proposed use will conform to the requirements of this chapter. The
assistance of a consultant, if sought, must be obtained within 10
days of the receipt of the application. Such consultant shall report
within 30 days after receipt of such request. A copy of the report
of such consultants shall be furnished to the applicant.
[Amended 8-9-1994 by L.L. No. 5-1994; 12-15-2015 by L.L. No. 5-2015]
(6)
Amendments to a site plan shall be acted upon in the
same manner as the approval of the original plan.
(7)
The Planning Board may require that site plan approval
be periodically reviewed.
(8)
No proposed improvements or change of use may be implemented
and no building permit or certificate of occupancy may be issued until:
[Added 4-11-1995 by L.L. No. 2-1995]
(a)
Site plan approval from the Planning Board for
said improvements or change of use is granted by resolution.
(b)
All conditions required by said resolution to
be fulfilled prior to the signing of the site plans by the Planning
Board Chairman have been fulfilled.
(c)
The site plans, revised if so required by said
resolution, have been signed by the Planning Board Chairman.
(9)
Expiration of site plan approval.
[Added 4-11-1995 by L.L. No. 2-1995]
(a)
Site plan approval shall expire if:
[1]
All of the conditions required to be fulfilled
prior to the signing of the site plans by the Planning Board Chairman
are not fulfilled within one year from the date of the adoption of
site plan approval and if said plans are not submitted for endorsement
by the Chairman within said one-year period.
[2]
All required improvements are not maintained
and if all conditions and standards of the site plan approval are
not complied with throughout the duration of the approved use.
[3]
A bona fide application for a building permit
or a certificate of occupancy is not made within one year from the
date of the endorsement of the site plans by the Planning Board Chairman.
[4]
All required improvements are not substantially
completed within two years from the date of the endorsement of the
site plans by the Planning Board Chairman. The staging of a development
over a longer period may be specifically provided for by the Planning
Board in its resolution of site plan approval.
(b)
The Planning Board may extend site plan approval
if, in its opinion, such extension is warranted by the particular
circumstances involved.
D.
Site plan elements. The applicant shall cause a site
plan map to be prepared by a civil engineer, surveyor, land planner,
architect or other competent person. The site plan shall include those
of the elements listed herein which are appropriate to the proposed
development or use as indicated by the Planning Board in the presubmission
conference. Those items which are shown graphically shall be shown
in a manner(s) which allows the Planning Board to envision the various
elements of said development or use, including, at the discretion
of the Board, the preparation of plans, sections, elevations, perspectives,
etc., as applicable.
[Amended 10-3-2017 by L.L. No. 6-2017]
(1)
Legal data.
(a)
The section, plate, block and lot number of
the property taken from the latest tax records.
(b)
The name and address of the owner of record.
(c)
The name and address of the person, firm or
organization preparing the map.
(d)
The date, North point and written and graphic
scale.
(e)
A sufficient description or information to define
precisely the boundaries of the property. All distances shall be in
feet and tenths of a foot. All angles shall be given to the nearest
10 seconds or closer. The error of closure shall not exceed one in
10,000.
(f)
The locations, names and existing widths of
adjacent streets and curblines.
(g)
The locations and owners of all adjoining lands
as shown on the latest tax records.
(h)
The location, width and purpose of all existing
and proposed easements, setbacks, reservations and areas dedicated
to public use within or adjoining the property.
(i)
A complete outline of existing deed restrictions
or covenants applying to the property.
(j)
Existing zoning.
(2)
Natural features.
(a)
Existing contours with intervals of five feet or less, referred
to a datum satisfactory to the Board.
(b)
Approximate boundaries of any areas subject to flooding or stormwater
overflows.
(c)
Locations of existing watercourses, marshes, wooded areas, rock
outcrops, isolated trees with a diameter of eight inches or more measured
three feet above the base of the trunk and other significant existing
features.
(d)
Any stream within 200 feet of the property. If the name of the
stream is not known, it shall be shown as a tributary to a named stream.
(3)
Existing structures and utilities.
(a)
Location of uses and outlines of structures drawn to scale on
and within 200 feet of the lot line.
(b)
Paved areas, sidewalks and vehicular access between the site
and public streets.
(c)
Locations, dimensions, grades and flow direction of existing
sewers, culverts and waterlines, as well as other underground and
aboveground utilities within and adjacent to the property.
(d)
Other existing development, including fences, landscaping and
screening.
(4)
Proposed development.
(a)
The location of proposed buildings or structural improvements.
(b)
The location and design of all uses not requiring structures,
such as off-street parking and loading areas. Permeable pavement shall
be used for said parking and loading areas unless otherwise approved
by the Planning Board.
(c)
The location, direction, power and time of use for any proposed
outdoor lighting or public address systems.
(d)
The location and plans for any outdoor signs.
(e)
The location and arrangement of proposed means of access and
egress, including sidewalks, driveways or other paved areas. Profiles
indicating grading and cross sections showing width of roadways, location
and width of sidewalks, and location and size of water and sewer lines.
Permeable pavement shall be used for said driveways and other paved
areas unless otherwise approved by the Planning Board.
(f)
Any proposed grading, screening and other landscaping, including
types and locations of proposed street trees. Structural soil shall
be used in the planting of landscaping and street trees in areas that
would pose as a barrier to air, water and/or root growth at the plant's
mature size.
(g)
The location of all proposed waterlines, valves and hydrants
and of all sewer lines or alternate means of water supply and sewage
disposal and treatment.
(h)
An outline of any proposed easements, deed restrictions or covenants.
(i)
Any contemplated public improvements on or adjoining the property.
(j)
If the site plan only indicates a first stage, a supplementary
plan shall indicate ultimate development.
(5)
Any other information deemed by the Planning Board
necessary to determine conformity of the site plan with the intent
and regulations of this chapter.
[Added 9-15-1976 by Ord. No. 92; amended 10-25-1978; 2-13-1980; 10-25-1983 by Ord. No.
115; 10-23-1984 by Ord. No. 118; 3-26-1985 by L.L. No. 2-1985; 8-13-1985 by Ord. No. 120; 9-22-1987 by L.L. No. 6-1987; 11-27-1990 by L.L. No.
4-1990; 4-25-1995 by L.L. No. 3-1995; 9-11-2007 by L.L. No. 8-2007]
A.
Applications for action or recommendation by review and approval authorities pursuant to Article 16 of the Town Law and the relevant provisions of this chapter shall be accompanied by payment of the following fees and the funding of escrow accounts as per Subsection B below, as applicable. Final approvals shall be conditioned upon payment of the following recreation and inspection fees, as applicable, and performance and maintenance bonds, as required. The amount of the fees shall be set by resolution of the Town Board in the Fee Schedule.[1]
B.
Escrow accounts.
(1)
In addition to the payment of the fees required in Subsection A of this section, the approval authority shall adjust the fees sufficiently to reimburse the Town for the cost of professional consultation fees and other expenditures attributable to the proposal. The approval authority shall establish an escrow account, as follows, funded by the applicant in connection with authorizing the performance of professional consulting services regarding the proposal.
(2)
At the time of the submission of any application and
prior to its review by the approval authority, said approval authority
shall require the establishment of an escrow account, from which withdrawals
shall be made to reimburse the Town for the cost of professional consultation
services. The applicant shall provide funds to the Town for deposit
into such account in the amount set by resolution of the Town Board
in the Fee Schedule.[2] It is the intent of these regulations to ensure that the
applicant always has on deposit with the Town adequate funds to ensure
that the Town will never subsidize application review or inspection
costs at any time.
(3)
The applicant shall be provided with copies of the
consultant's invoice or Town's costs for such services as they are
submitted to the Town. When an escrow account is drawn down to 50%
of its original amount resulting from payment of said invoice, the
applicant shall be required to deposit additional funds into such
account to bring its balance up to 100% of the original amount. If
such account is not fully replenished within 21 days of notice to
the applicant for additional funds, the approval agency shall suspend
its review of the application. In the case of post approval inspections
and reviews involving construction, the Town may issue a stop-work
order for such nonpayment.
(4)
No approval shall be granted and no subdivision plat
or site plan shall be endorsed until all professional consultation
fees charged in connection with the review of the project have been
reimbursed to the Town. No building permit or certificate of occupancy
shall be issued unless all professional consultation fees charged
in connection with the review and inspection of the project have been
reimbursed to the Town. No refunds of any funds remaining on deposit
in escrow shall be issued until after all pertinent professional review
and inspection charges have been reimbursed to the Town.
C.
In minor subdivisions of improved building lots involving
no further construction on and no intensification of use of the lots
created thereby, the Planning Board may equitably adjust the recreation
fee and the inspection fees to be imposed on the applicant in connection
therewith.
D.
A fee shall be charged for each preapplication meeting
with the Planning Board Chairman and professional consultant(s) to
discuss concepts, etc., in the amount set by resolution of the Town
Board in the Fee Schedule.
