Bedford City Zoning Code
ARTICLE IX
Site Plan Approval
§ 125-86 Approval required; conformance required.
A.
Approval of a final site plan by the Planning Board is required for the development or redevelopment of any property or structure for a new use, the expansion or relocation of any existing use or any change of use of a property or structure. Single-family dwellings, two-family dwellings, buildings accessory to single-family and two-family dwellings and municipal uses do not require site plan approval. Where site plan approval is required, applications for the issuance of a building permit must be accompanied by a copy of the approved final site plan. No preliminary site plan and no final site plan shall be submitted to the Planning Board as to any property situated within an RO Research Office District for a period of 90 days from the effective date of this amendment.
[Amended 10-4-1983; 5-7-1985; 6-7-1994]
B.
All site development and all use of the property shall be in conformance with the approved site plan and such additional standards and safeguards as the Planning Board may impose as a condition of approval. No certificate of occupancy or certificate of compliance shall be issued until all such requirements have been met. Continued conformance with the approved final site plan shall be a requirement of the continued validity of any such certificate of occupancy or certificate of compliance.
C.
No exterior lighting shall be installed, replaced, altered, changed, relocated, enlarged, moved, improved or converted unless it conforms to a lighting plan approved by the Town of Bedford Planning Board or, after reviewing the proposed changes, the Town Director of Planning deems them insignificant.
[Added 5-17-2011 by L.L. No. 4-2011]
§ 125-86.1 Effect of violations on approval procedure.
[Added 12-19-1989]
No preliminary or final site plan application shall be accepted and no preliminary or final site plan approval shall be granted where the Building Inspector has found a violation of this chapter and where such violation has not been corrected.
§ 125-87 Standards.
The Planning Board shall not approve a duly submitted preliminary or final site plan, unless it shall find that such plan conforms to the requirements of this chapter. In reviewing the site plan, the Planning Board shall also take into consideration the public health, safety and general welfare and shall set appropriate conditions and safeguards which are in harmony with the general purpose and intent of these regulations, particularly in regard to achieving the following:
A.
An adequate, convenient and safe vehicular and pedestrian circulation system, so that traffic generated by the development will be properly handled both within the site and in relation to the adjoining street system.
B.
A site layout that will have the minimum adverse effect upon the established character or potential use of any adjoining properties.
C.
The reasonable screening at all seasons of the year from the view of adjacent residential properties and streets of all parking and loading areas or other features that, in the opinion of the Planning Board, require such screening.
D.
A drainage system which, to the satisfaction of the Town Engineer, is designed to accommodate expected loads from the tributary watershed when developed to the maximum density permitted under the existing zoning standards.
E.
The underground installation of all utilities and services, including lines and equipment, for providing power and/or communication, in order to achieve greater safety and improved appearance.
F.
Conformance of the final site development with the Town Development Plan.
G.
Consideration of the project's impact on the natural and man-made environment, with emphasis on minimizing the adverse effects thereon.
H.
A plan which takes advantage of solar access. Wherever reasonably feasible, all future buildings shall be sited so that they may take advantage of solar access. Factors to be considered in this regard shall include the orientation of the proposed building with respect to sun angles, the shading and windscreen potential of existing and proposed vegetation, both on and off the site, and the impact on solar access of existing and potential buildings off the site.
I.
The site plan shall be designed so that the created landscape is harmonious with the natural features of the site.
[Added 7-14-2009 by L.L. No. 5-2009]
J.
The relationships of improved areas and open spaces are designed to be harmonious with existing structures, terrain and landscape.
[Added 7-14-2009 by L.L. No. 5-2009]
K.
Reasonable provisions are made for sight and sound buffers, the preservation of views, light and air, and those aspects of structure, improvement and land design not otherwise regulated that may have substantial effects on neighboring land uses.
[Added 7-14-2009 by L.L. No. 5-2009; amended 5-17-2011 by L.L. No. 4-2011]
L.
New designs of structures, improvements and land are consistent and harmonious in relationship to existing streetscapes and the predominant architecture of the area.
[Added 7-14-2009 by L.L. No. 5-2009]
M.
All outdoor lighting meets the standards of Chapter 125, § 125-41, in addition to the following standards:
[Added 5-17-2011 by L.L. No. 4-2011]
(1)
All exterior lighting fixtures shall protect adjacent properties from glare and light trespass.
(2)
Photometric studies for parking lots, sidewalks and other walkways shall include light contributions from nearby side-mounted building lights, freestanding sidewalk lights and streetlights.
(3)
All exterior luminaires, including luminaires installed under canopies, shall be full cutoff fixtures, as defined by the IESNA.
(4)
Exterior lighting fixtures shall be equipped with a lamp or lamps of a total not to exceed 1,800 lumens per fixture and, to the extent possible, be full cutoff lighting.
(5)
Automatic teller machine (ATM) and other bank lighting shall be full cutoff and shall not cause glare or light trespass. Light levels shall not exceed the minimum standards under the New York State ATM Lighting Law, as may be amended from time to time.
(6)
Illumination levels shall not exceed the recommendations of the IESNA RP-33-99 Lighting for Exterior Environments by more than 10%.
(7)
The Planning Board may require operable photocells, motion sensors, or timers that allow a light to go on at dusk and off by an appropriate evening hour, as well as shields to alleviate nuisance and disability glare.
(8)
The Planning Board may require reflector markers, lines, signs or other passive means for illumination be used in order to avoid excessive or unnecessary light.
(9)
The Planning Board may require parking area lights to be greater in number, lower in pole height and lower in light level, as opposed to fewer in number, higher in pole height and higher in light level in order to avoid excessive or unnecessary light.
(10)
The Planning Board may require the use of bollard lighting rather than pole lighting.
§ 125-88 Preliminary site plan.
A.
Procedure. Prior to submission of a final site plan, the applicant shall submit to the Planning Board one copy of a completed preliminary site plan application form and four copies of a preliminary site plan showing the information listed below.
B.
Required data. All of the following information shall be indicated on the preliminary site plan drawn at a scale of not less than one inch equals 30 feet:
(1)
The title of the development, date, North point, scale, name and address of the owner of record and of the applicant, if other than the owner, and of the engineer, architect, landscape architect or surveyor preparing the plan.
(2)
Area and boundaries of the subject property, section and lot numbers of the subject property, adjacent and existing zoning and special district boundaries, building or setback lines as required by this chapter, lines of existing streets and adjoining lots as shown on the Town's Official Tax Maps and reservations, easements and other areas dedicated to public or special use.
(3)
Existing and proposed contours at a maximum vertical interval of two feet.
(4)
Outline and elevations of the pavement of abutting streets and of proposed means of vehicular access to and from the site.
(5)
Locations of existing wetlands, watercourses, storm drains and utility facilities and proposed modifications or additions thereto.
(6)
The proposed use or uses of land and buildings, existing and proposed, and location and finished floor levels of all buildings.
(7)
Number of proposed parking and loading spaces, and location and elevations of these areas. (See Article X.)
(8)
Location and layout of proposed recreation areas, when required.
(9)
General plan for buffer screening and other site landscaping.
(10)
General plan showing staged development, if intended.
§ 125-89 Final site plan.
A.
Procedure.
(1)
After the waiver, approval or approval with modifications of the preliminary site plan application, the applicant shall submit to the Planning Board one copy of a completed final site plan application form and four copies of a proposed final site plan, showing the information listed below.
(2)
Additional copies of the proposed final site plan shall at the same time be submitted to the Westchester County Department of Public Works or the New York State Department of Transportation, as appropriate, for review of access point locations and improvements within the street right-of-way and, in the case of multifamily development, to the Westchester County Department of Health for review of the proposed means of water supply and sewage disposal. Approval by these agencies will be required prior to the granting of final site plan approval by the Planning Board.
(3)
Where the staging of a development over a period exceeding one year is contemplated, the final site plan shall show only those stages for which construction will begin within one year of the date of final approval by the Planning Board. A plan showing the plan for the ultimate development of the property shall also be submitted.
B.
Required data. All of the following information shall be indicated on the final site plan, which shall be drawn on sheets not larger than 24 inches by 36 inches and at a scale of not less than one inch equals 30 feet:
(1)
The title of the development, date, revision dates, if any, North point, scale, name and address of the record owner and of the applicant, if other than the owner, and of the engineer, architect, landscape architect or surveyor preparing the site plan.
(2)
Area and boundaries of the subject property, section and lot numbers of the subject property, adjacent zoning and special district boundaries, building or setback lines as required in this chapter, lines of existing streets and adjoining lots as shown on the Town's Official Tax Maps and reservations, easements and other areas dedicated to public and special use.
(3)
The names of all owners of record of all adjacent properties.
(4)
Locations and dimensions of all existing buildings, retaining walls, fences, rock outcrops, wooded areas, single trees with a diameter of eight inches or more measured three feet above the base of the trunk, watercourses, marshes, water supply, sanitary sewerage, storm drainage and any other utility facilities and of any other significant existing features on the premises. All significant existing features within 20 feet of all property lines shall also be shown.
(5)
Existing and proposed contours at a maximum vertical interval of two feet.
(6)
Proposed use or uses of all land and buildings, and, where only a portion of a property is to be occupied by the development, the boundaries and area of such portion, including required screening and setback areas.
(7)
Outline and elevations of the pavement of abutting streets and of proposed means of vehicular and pedestrian access to and from the site.
(8)
Location, layout and numbers of proposed off-street parking and loading spaces, where provided. (See Article X.)
(9)
Location and layout of proposed recreation areas, where required.
(10)
Finished floor elevation of buildings, finished grades of walls, pavements and storm drains.
(11)
Detailed construction plans of retaining walls, steps, ramps, paving and drainage structures.
(13)
Estimate of all earthwork, including the quantity of any material to be imported to or removed from the site or a statement that no material is to be removed or imported.
(14)
Location and dimensions of all proposed water supply, sanitary sewerage, storm drainage and other utility lines and equipment, including connections to existing facilities.
(15)
Detailed landscaping plan, including type, size and location of all materials used and plans for buffer screening and fencing.
(16)
Proposed location, type, design, size, color and illumination of all signs.
(17)
Lighting fixture type (including cutoff characteristics, manufacturer and model number), design, shielding details, mounting height, location, direction, lamp type and power (lumen output and wattage), controls and hours of operation of all existing and proposed outdoor lighting. Additionally, a detailed point-by-point photometric study including all existing and proposed lighting showing the horizontal illumination levels at grade in footcandles shall be submitted. The maximum spacing between calculation points shall be 10 feet. Photometric studies for parking lots, sidewalks and other walkways shall include light contributions from nearby side-mounted building lights, freestanding sidewalk lights and streetlights.
[Amended 5-17-2011 by L.L. No. 4-2011]
(18)
Conditions specified by the Board of Appeals, Planning Board or Town Board in the approval of any variance or special permit related to the subject property.
§ 125-90 Environmental review.
Where required by the New York State Environmental Quality Review Law (SEQR), additional information concerning the environmental impact of the proposed development may be required as a part of the preliminary and/or final site plan application.
§ 125-91 Additional submissions.
Where, due to special conditions peculiar to a site or to the size, nature or complexity of the proposed use or development of land or buildings, the Planning Board finds that additional data is necessary for the proper review of the site plan, the Board may require any or all of such data to be included in the required submission of said plan.
§ 125-92 Planning Board action.
A.
The Planning Board shall review a preliminary site plan application and either waive, disapprove, approve with changes or approve the application without undue delay. The proposed final site plan application shall be approved, approved with changes, disapproved or waived by the Planning Board within 45 days after the receipt of a complete final site plan application by the Planning Board. When, in the opinion of the Planning Board, it is deemed necessary or advisable, a public hearing may be held during such review period. Failure on the part of the Planning Board to act within the above specified time shall be deemed to constitute approval of the respective plan, unless the time limit is extended by mutual agreement of the applicant and the Planning Board. The decision of the Planning Board shall be filed in the office of the Town Clerk, and a copy thereof shall be mailed to the applicant.
B.
At such time as the Planning Board finds the site plan to be in suitable form for final approval, four copies of the plan must be submitted. Two of the copies with Planning Board approval endorsed thereon will be returned to the applicant.
C.
Approval of any final site plan shall be by the Planning Board, and any building or use permit issued by the Building Inspector for the development or use of such land shall only be issued subject to compliance with such approved site plan and any restrictions imposed in relation thereto by the Planning Board and any certificate of occupancy or certificate of compliance issued by the Building Inspector shall only be issued subject to continued compliance with such approved site plan and any restrictions imposed in relation thereby by the Planning Board, Board of Appeals or the Town Board.
§ 125-93 Waiver of requirements.
[Amended 10-5-1992]
Upon a finding by the Planning Board that, because of the particular character or limited nature of a new development or change in use or 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 plan is inappropriate or unnecessary or that strict compliance with said informational requirements will cause extraordinary and unnecessary hardship, the Planning Board may vary or waive such submission wherever, in the opinion of the Board, such waiver will not be detrimental to the public health, safety or general welfare. No such waiver shall be granted unless and until all amounts due to the Town as real estate taxes and special assessments on the subject property, together with all penalties and interest thereon, shall have been paid.
§ 125-94 Enforcement.
[Added 6-14-1983]
The Town Engineer shall supervise site plan compliance and shall receive a site plan inspection fee. The Town Engineer may, on approval of the Town Board, hire additional staff to assist in the supervision of site plans.
§ 125-95 As-built plans.
[Amended 6-14-1983]
A.
Upon completion of any development or redevelopment pursuant to an approved final site plan and prior to the issuance of a certificate of compliance by the Building Inspector, the applicant shall submit to the Town Engineer an as-built plan, prepared and certified by a licensed engineer, architect, landscape architect or surveyor, showing the location of all site improvements as constructed. Such plan shall be based on a field survey.
B.
Said as-built plan shall be reviewed by the Town Engineer to determine if it is in compliance with the approved final site plan. The Town Engineer shall specify its compliance with or variation from the approved final site plan in a written report and shall file one copy with the Building Inspector and one copy with the Planning Board. If variations from the approved final site plan exist, an amended site plan shall be filed with the Planning Board for review in accordance with the same procedures required for initial applications.
§ 125-96 Certificate of compliance.
[Added 6-14-1983]
A.
The Building Inspector may issue a certificate of compliance after receipt of a report from the Town Engineer stating that all site work has been completed pursuant to the approved final site plan.
B.
A temporary certificate of compliance may be granted by the Building Inspector only under the following conditions:
(1)
That the nature of the site work to be completed does not adversely affect public health or safety or the proper function of the site.
(2)
That a written report is received from the Town Engineer recommending such temporary certificate of compliance.
(3)
That security is given to the Town to ensure completion of any uncompleted site work shown on the approved site plan. In this case, the applicant shall furnish the Town Engineer with a budget estimate of the site work to be deferred.
(4)
That a temporary certificate of compliance shall not be valid for more than one year, and that no more than one temporary certificate of compliance may be issued.
(5)
If, after one year from the date of the issuance of the temporary certificate of occupancy, the remaining site work has not been completed, the Town Board shall utilize the security to perform the necessary remaining site work in compliance with the approved site plan.
§ 125-97 Field changes.
[Added 6-14-1983]
A.
During construction, the Town Engineer may authorize or require, at his own determination or upon the request of the applicant, minor adjustments to the approved site plan when such adjustments are necessary in light of technical or engineering considerations, the existence or materiality of which was first discovered during actual construction. Such minor adjustments shall be consistent with the spirit and intent of the approved site plan.
B.
Where unforeseen conditions are encountered which require any material change to an approved site development plan or where the developer wishes to modify the approved plan for other reasons, an amended site plan shall be filed with the Planning Board for review in accordance with the same procedures required for initial applications.
§ 125-98 Expiration of approval.
[Amended 6-14-1983]
Approval of any final site plan shall expire unless a building permit or certificate of occupancy or certificate of compliance is applied for within a period of 18 months from the date of the signing of the final site plan by the Planning Board, except where the staging of development over a longer period has been specifically provided for at the time of site plan approval. The Planning Board may extend the site plan approval for not more than two six-month periods.
§ 125-99 Fees.
[Amended 6-14-1983]
Fees for preliminary and final site plan approval and for site plan inspection are listed in the fee schedule as adopted by the Town Board.[1]
[1]
Editor’s Note: Former § 125-99.1, Reimbursement for professional consulting services, added 12-5-1995, which immediately followed this section, was repealed 3-26-2018 by L.L. No. 2-2018.