Briarcliff Manor Town
City Zoning Code
City Zoning Code
§ 220-14
Approval of site development plans.
[Amended 5-21-1998 by L.L. No. 2-1998]
A.
Review required. No building permit shall be issued and no building or use shall be established other than for a single-family dwelling, except in conformity with a site development plan approved by the Planning Board, and no certificate of occupancy for such building or use shall be issued until all the requirements of this section, including those required by the Planning Board under the provisions of this section, have been met. Continued conformance with such a plan and such requirements shall be a condition of any certificate of occupancy issued. Revisions of such plans shall be subject to the same approval procedure.
B.
Application for site plan approval. An application for a building permit for a use requiring the site development plan approval by the Planning Board shall be made to the Building Inspector and shall be accompanied by the following information: A detailed site plan showing the applicant's entire property and adjacent properties and streets at a convenient scale, and including the following information:
(1)
Location of all existing and proposed buildings.
(2)
Use and exterior design of all buildings, including the location and attachment of mechanical equipment and other appurtenances to the exterior or at the roof.
(3)
Any proposed division of buildings into units of separate occupancy.
(4)
Location of all parking and truck loading areas with access and egress drives.
(5)
Layout of parking areas with planting strips.
(6)
Location of any existing and proposed outdoor storage.
(7)
Location of all existing and proposed site improvements with existing and proposed contours of applicant's entire property, including location of all existing and proposed drains, culverts retaining walls, fences and sewage disposal facilities and location of existing and proposed connection to all public utilities.
(8)
Location and site of all existing and proposed signs.
(9)
Location and proposed development of all required screening and planting areas.
(10)
Location and design of all exterior lighting.
(11)
Location and design of all fencing and signage.
(12)
All other pertinent information affecting exterior appearance.
(13)
A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter 184, Article I, Stormwater Management and Erosion and Sediment Control, shall be required for any site plan approval that qualifies as or authorizes a land development activity as defined in Chapter 184, Article I. The SWPPP shall meet the performance and design criteria and standards in Chapter 184, Article I. The approved site plan shall be consistent with the provisions of Chapter 184, Article I.
[Added 12-20-2007 by L.L. No. 9-2007]
C.
Referral of application to Planning Board. Each application requiring site development plan approval, together with the required information described in Subsection B above, shall be referred to the Planning Board by the Building Inspector within five days of the date of application.
D.
Time for Planning Board decision. Where required, a public hearing shall be held within 62 days of receipt of a complete application. Within 62 days of the date of the close of the public hearing, or of the date that the complete application was received if no hearing has been held, the Planning Board shall decide whether to approve, approve with modifications or disapprove the site plan. The time at which the Planning Board must arrive at its decision may be extended at the request of the applicant or as necessary for the Planning Board to complete all necessary environmental review requirements pursuant to the State Environmental Quality Review Act (SEQRA). A copy of the Board's decision shall be filed in the office of the Village Clerk within five business days after such decision is rendered, and a copy thereof mailed to the applicant.
E.
Standards for site plan approval. In acting upon any site development plan, the Planning Board shall determine that the site layout and overall appearance of all buildings in the proposed development are such that they will have a harmonious relationship with existing or permitted development of contiguous land and of adjacent neighborhoods; will have no material adverse effect upon the desirability of such neighborhoods for the residential uses contemplated by the comprehensive zoning plan; and that the purpose and intent of the zoning regulations will be met to the end that the value of buildings will be conserved and the most appropriate use of land will be encouraged. The following specific standards shall be met in site development plans, in addition to the standards set forth in other sections of the chapter:
[Amended 9-3-1998 by L.L. No. 4-1998; 12-1-2020 by L.L. No. 11-2020; 5-4-2021 by L.L. No. 6-2021]
(1)
Minimum yards and screening.
(a)
Any structure or use, except a single-family residence and its permitted accessory uses, on a lot adjacent to a residence district, shall have a yard of not less than 20 feet (or more if specifically required herein for a particular district) extending along the lot lines adjoining the residence district, and such lot shall be planted with evergreen plant screening of such type, size and arrangement approved by the Planning Board as adequate to meet the standards listed in the first paragraph of Subsection E. Existing trees, plantings or other vegetation, topography, walls and fencing may be considered by the Planning Board as partly or wholly meeting the requirement.
(b)
Where the structure or use is located in a business district, on any lot adjacent to a residence district, the Planning Board may permit the reduction of the minimum yard requirement as outlined in Subsection E(1)(a) to not less than 10 feet, provided the wall or walls of the structure have no openings, other than those required for emergency egress, facing the residential district, and the planting is such as to give proper partial screening of the buildings.
(c)
Where the structure or use is located in a central business district on any lot adjacent to a residence district, the Planning Board may permit the reduction or elimination of the minimum yard requirement as outlined in Subsection E(1)(a), provided that existing or proposed landscape, screening, fencing, trees, and/or topography (on the subject lot or on an adjacent lot or lots) are sufficient to adequately screen the structure or use from the adjacent residence district.
(2)
All exterior lighting shall be of such type, height, location, and so shaded that the source of light may not be seen beyond the boundaries of the lot on which it is located. A source of light shall be deemed to include any transparent or translucent covering of the light, except in the case of the use of such materials in a permitted sign, where such sign does not face the adjoining lot or lots in a residence district.
(3)
In acting on any site development plan application, the Planning Board shall also take into consideration solar access, insofar as feasible, including the orientation of proposed buildings 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 to adjacent uses and properties, and the location and display of signs and all other matters listed in Subsection B above, so that any development will have an attractive and high quality of design and harmonious relationship with the contiguous land and adjacent neighborhoods and so that pedestrian and vehicular traffic will be handled adequately and safely within the site and in relation to the adjoining street system.
(4)
Nonresidential developments shall also be compatible with the architectural style, character and visual composition of the Village business areas in which they are located.
(5)
Site plans containing residential units shall show, when required by the Planning Board, a park or parks suitably located for playground or other recreational purposes within the Village in accordance with requirements of § 7-725-a, Subdivision 6, of the Village Law. The Planning Board shall determine whether a proper case exists for requiring such land reservation. Such determination shall include an evaluation of the present and anticipated future needs for park and recreational facilities in the Village based on projected population growth to which the particular site plan will contribute. In the event the Planning Board determines that suitable lands do not exist for such reservation, it may require the payment of a fee in lieu of land reserved for park, playground or other recreational purposes in accordance with a fee schedule established by the Village Board of Trustees.
F.
Maintenance of property. In addition to violations of the New York State Uniform Code, any violations of Chapter 90, Building Construction and Fire Prevention, or Chapter 161, Property Maintenance, the failure to maintain landscaping, lighting, parking facilities, stormwater management facilities, or signage in accordance with an approved site plan shall be construed as a violation of an approved site plan. If any such violation is found upon a site visit by a Code Enforcement Officer or other local official conducted under the terms of § 90-32, Inspection and notice, of the Village Code, or any other inspection, that maintenance of development has not taken place in accordance with the terms stated in the approved site plan, in addition to any other lawful penalties or remedies, the Village Board of Trustees or the Building Inspector, each at their sole discretion, shall have the right to rescind any certificate of occupancy related to the property until such time as the facilities are restored to proper working order in accordance with the terms of the approved site plan and all applicable chapters of the Village Code and New York State Uniform Code.
[Added 9-14-2021 by L.L. No. 15-2021]