Bronxville City Zoning Code
ARTICLE VI
Site Plan and Subdivision Approval
§ 310-26 Site plan approval.
A.
Site plan approval required. Pursuant to § 7-725-a of the Village Law, no land shall be cleared or altered; nor shall any building or other structure be constructed, demolished, moved, externally altered or enlarged; nor shall any watercourse, floodplain or wetlands be diverted, dredged or filled; nor shall the use of any land, building or other structure be changed; nor shall any building or other use permit be issued, except in accordance with final approval of a site plan granted by the Planning Board pursuant to this article; provided, however, that:
[Amended 7-13-2015 by L.L. No. 4-2015; 1-8-2018 by L.L. No. 4-2018; 1-11-2021 by L.L. No. 1-2021]
(1)
With respect to one-family dwellings, site plan approval (including for demolition) shall be required as provided in § 310-26D below;
(2)
Building permits for interior alterations only, not involving a change in use, shall not require site plan approval;
(3)
A change in permitted use of first-floor space in the Central Business A District and Service Business B District to another use within the same permitted use category (e.g., retail establishment to another retail establishment, or restaurant to another restaurant), not involving changes to any previously issued special permit, shall not require site plan approval; and
(4)
In the Central Business A District and Service Business B District, a change from a permitted retail, service, or restaurant use to a permitted office use, not involving changes to any previously issued special permit, shall not require site plan approval.
B.
Preapplication filing. Prior to filing an application for development, a developer and/or his or her representative may and shall, in the case of any development, the cost of which is estimated to exceed $50,000, request in writing an informal meeting with the Planning Board and Design Review Committee to obtain general information and guidance before entering into binding commitment or incurring unnecessary expense related to formal application. The purpose of such review is to provide an informal and free exchange of ideas. Such a preapplication filing shall not be deemed to be the filing of an application for development for the purpose of determining the time within which an application must be acted upon by the Planning Board. The request shall be accompanied by a written description or diagrammatic material outlining the matters the applicant wishes to review. No statements or representations made prior to formal review shall be binding on the Village.
C.
Conditions attached to the approval of site plans. The Planning Board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to a proposed site plan. Upon its approval of said site plan, any such conditions must be met in connection with the issuance of permits by applicable enforcement agents or officers of the Village.
D.
Site plan approval for detached one-family dwellings.
[Added 1-11-2021 by L.L. No. 1-2021]
(1)
Site plan approval shall be required with respect to the demolition, construction, alteration, or improvement of any detached one-family dwelling that involves or proposes any of the following:
(a)
The construction of a new one-family dwelling.
(b)
The "material alteration" of an existing one-family dwelling.
[1]
For purposes of this chapter, any demolition, construction, improvement, or other alteration shall be deemed to constitute a "material alteration" if it would involve:
[a]
An increase in the total FAR of a one-family dwelling by more than 30%;
[b]
The demolition, removal, or structural alteration of more than 50% of a one-family dwelling's total exterior walls (measured in linear feet);
[c]
The demolition, removal, or structural alteration of more than 50% of a one-family dwelling's total front-yard-facing exterior walls (measured in linear feet);
[d]
Alteration(s) and/or improvement(s) to a one-family dwelling that would both increase the existing FAR by more than 15% and result in a one-family dwelling of over 6,000 square feet in floor area; or
[e]
Alteration(s) and/or improvement(s) to a one-family dwelling that would result in a one-family dwelling of over 7,500 square feet in floor area.
[2]
For purposes of this Subsection D(1)(b):
[a]
Demolition, construction, alteration, or improvements proposed in all building permit applications within any thirty-six-month period shall be aggregated to determine if any of the thresholds for "material alteration" have been met; and
[b]
Exterior walls will be deemed to be the subject of "structural alteration" if, in the judgment of the Building Official, there is reasonable cause to believe that the walls will be, or will have to be, substantially replaced during the construction process, or the walls will not survive the construction process intact.
E.
Demolition.
[Added 1-11-2021 by L.L. No. 1-2021]
(1)
The following shall be required in connection with site plan approval for demolition:
(a)
The Planning Board shall not issue site plan approval for any demolition until the Planning Board approves a demolition management plan and site restoration plan. The demolition plan and site restoration plan shall include, but not be limited to:
[1]
The time frames during which demolition and site restoration may occur and must be completed;
[2]
A requirement to fill all exposed below-grade areas with soil and that the lot will be graded to match adjacent grades, all in compliance with Chapter 257, Stormwater Management and Erosion and Sediment Control;
[3]
A requirement that all aboveground and overhead utilities be removed;
[4]
Where, upon satisfaction of the conditions provided below, the Planning Board permits foundation and/or other below-grade infrastructure or materials to remain on the lot, a requirement that a survey showing the locations and dimensions of such foundation and below-grade infrastructure and materials to remain after demolition will be filed with the Building Department;
[5]
A plan to protect trees (including the root systems of trees located on adjacent properties) and other vegetation during demolition operations;
[6]
A post-demolition landscaping plan in accordance with the Planning Board's requirements, which shall include maintenance of such landscaping and a prohibition against bare areas of soil; and
[7]
A prohibition against chain-link fencing and gates when demolition is complete.
(b)
If a site plan application for new improvements is pending, the Planning Board shall require that demolition not occur until the new improvements have all required permits and approvals.
(c)
Where an applicant seeks approval for the foundation and/or other below-grade infrastructure or materials to remain on the lot, the applicant shall submit a certified statement from the applicant's engineer that the foundation and such infrastructure and materials and the methods proposed to cover them are structurally sufficient and will not, under reasonably expected circumstances, cause any instability on the lot within the next 10 years.
(d)
Exceptions. Where the Building Official determines that the improvement or part thereof creates an immediate threat to the health, safety, or welfare of the community, the Building Inspector may permit demolition to occur without the Planning Board having first issued site plan approval, including a demolition management plan and site restoration plan. The applicant must, either concurrently during demolition or immediately thereafter if it is not feasible to do so concurrently, seek approval from the Planning Board of a site plan and post-demolition site restoration plan, which shall include the same provisions referenced in Subsection E(1) above, and failure to seek such approvals shall be a violation subject to the penalties in the following subsection.[1]
§ 310-27 Preliminary approval of site plan.
A.
Applications for preliminary site plan approval. Applications for preliminary site plan approval of a development shall include all the supporting documentation required by § 310-31 of this article. Ten copies of the application, each containing all required supporting documentation, shall be submitted to the Superintendent.
C.
Review of applications by Superintendent and Village Engineer; report; referral.
[Amended 10-14-2002 by L.L. No. 2-2002]
(1)
The Superintendent shall review each application and prepare a report with respect thereto. The report shall include a statement regarding compliance with applicable Village zoning laws and other regulations, but the applicant shall not be relieved of the requirements of such regulations by reason of any matters included in or omitted from the report.
(2)
The Village Engineer shall comment on the adequacy of engineering matters included in or affected by the proposal.
(3)
Each of the aforesaid persons shall review each such application within such time after its receipt so that the Planning Board may take action thereon within the time prescribed by this article and Article VIII. After the completion of these reviews, the Superintendent shall prepare a report of the findings and recommendations. He or she shall forward copies of the report and copies of the application to the Design Review Committee and the Planning Board.
D.
Review and report by Design Review Committee. The Design Review Committee shall review each such application within such time after its receipt so that the Planning Board may take action thereon within the time prescribed by this article and Article VIII. The Design Review Committee shall prepare a report of its findings and recommendations in conformity with the standards set forth in § 310-30.
E.
Hearing and action by Planning Board.
(1)
The Planning Board shall review such application and, after notice and hearing, shall take official action within 62 days after such hearing is completed by: granting preliminary approval; granting preliminary approval with modifications (including conditions and safeguards designed to promote the purposes of Article VIII); or disapproving the application, being guided by the standards set forth in § 310-30 of this article. Preliminary approval shall be subject to any site and on-tract improvement requirements imposed pursuant to § 310-29 of this article. The Board shall furnish copies of the decision to the Building Official and the Village Clerk.
[Amended 1-11-2021 by L.L. No. 1-2021]
§ 310-28 Final approval of site plan.
A.
Applications for final site plan approval. The applicant shall submit to the Superintendent for final approval by the Planning Board 10 copies of the application, each of which shall include the final site plan and such supplemental documentation as is required by this article. The final site plan and documentation shall be in accordance with the preliminary site plan, incorporating, however, all changes or modifications required by the Planning Board in connection with preliminary approval.
B.
Statement from Superintendent, Village Engineer and experts. The Superintendent, the Village Engineer and any experts retained by the Village shall report in writing to the Planning Board and to the applicant as to the applicant's compliance with the requirements for final approval.
C.
Statement from Design Review Committee. The application shall be reviewed by the Design Review Committee, which shall report to the Planning Board as to the acceptability of the proposal with respect to the factors and criteria related to design/architecture enumerated in § 310-30, and as to any other issues the Committee deems relevant.
[Amended 1-11-2021 by L.L. No. 1-2021]
D.
Grant or denial of final approval.
(1)
After notice and hearing, the Planning Board shall grant final approval or final approval with modifications (including conditions and safeguards designed to promote the purposes of Article VIII), if it finds that the submission conforms to the standards and legislative intent and purposes established by this article. Otherwise it shall disapprove the application.
(2)
Final approval of the Planning Board shall not relieve the applicant of the requirements of applicable Zoning, Building Code, floodplain or any other laws or regulations.
§ 310-29 Site agreement, parkland and on-tract improvements.
A.
Site improvements and development limitations. Prior to the granting of any preliminary site plan approval the applicant shall propose and prior to the granting of any final site plan approval, the applicant shall enter into an agreement with the Village, in form satisfactory to the Village Counsel, requiring the installation and maintenance by the applicant and the applicant's successors in interest, of such on-tract improvements or imposing such limitations upon or staging of the development of the site as are deemed necessary by the Planning Board for implementing the standards set forth in § 310-30 of this article and granting to the Village such rights and easements as shall be reasonably required for access by the Village to such improvements and developments for such purposes, provided that the Village may cause such improvements to be installed, maintained and inspected and developments in violation of such limitations to be corrected, at the expense of the applicant or the applicant's successors in interest, if they shall fail to do so.
B.
Parkland. Pursuant to § 7-725-a of the Village Law of New York State, before the Planning Board may approve a site plan containing residential units, the Planning Board may require the site plan to include a park or parks suitably located for playground or other recreational purposes.
(1)
Findings required. Land for park, playground or other recreational purposes may not be required until the Planning Board has made a finding that a proper case exists for requiring that a park or parks be suitably located for playgrounds or other recreational purposes within the Village. Such findings 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.
(2)
In the event the Planning Board makes a finding pursuant to Subsection B(1) above that the proposed site plan presents a proper case for requiring a park or parks, but that a suitable park or parks of adequate size to meet the requirement cannot be properly located on such site plan, the Planning Board may require a sum of money from the applicant in lieu thereof to be established by the Board of Trustees.
(a)
In making such determination of suitability, the Planning Board shall assess the size and suitability of lands shown on the site plan which could be possible locations for park or recreational facilities, as well as practical factors including whether there is a need for additional facilities in the immediate neighborhood.
(b)
Any moneys required of the applicant by the Board of Trustees in lieu of land for park, playground or other recreational purposes, pursuant to the provisions of this section, shall be deposited into a trust fund to be used by the Village exclusively for park, playground or other recreational purposes, including the acquisition of property.
(3)
Notwithstanding the foregoing provisions of this section, if the land included in a site plan under review is a portion of a subdivision plat which has been previously reviewed and approved, the Planning Board shall credit the applicant for any land set aside or money donated in lieu thereof under such subdivision plat approval. In the event of resubdivision of such plat, nothing shall preclude the additional reservation of parkland or money donated in lieu thereof.
C.
Performance guaranty. The Planning Board shall specify the improvements as to which such determination is made and shall require that the installation thereof be secured by a performance and maintenance guaranty from the applicant furnished and administered in accordance with the provisions of this article. No such guaranty shall be canceled or reduced unless the applicant submits a certification of completion thereof or a written approval of the cancellation or reduction by the Superintendent of Buildings and the Planning Board.
§ 310-30 Standards.
A.
Enumeration. The following standards, without limitation, shall be used by the Design Review Committee and the Planning Board in reviewing applications for development and in thereby implementing the legislative intent and purposes set forth in § 310-43 of this chapter.
(1)
Landscape and environment. To prevent the unnecessary destruction or blighting of the Village's landscape or achieved man-made environment, particular consideration shall be given to the following, insofar as practical:
[Amended 1-11-2021 by L.L. No. 1-2021]
(a)
Provision for minimal degradation of unique or irreplaceable land types and protection of the water flow of aquifers and other groundwatercourses and wetlands;
(b)
Preservation of desirable land characteristics and significant geological and topographic features;
(c)
Preservation or replacement of existing trees and treescapes, plants, and other vegetation;
(d)
Preservation and protection of historical, archaeological and landmark areas and structures;
(e)
Protection of animal and plant life processes; and
(f)
Underground placement of utility services.
(2)
Relationship of structures and open space. To assure that the treatment of built-up areas and open spaces in the Village have been designed so that they relate harmoniously to the terrain and landscape and to existing buildings that have a visual relationship to the proposed development, particular consideration shall be given to:
[Amended 1-11-2021 by L.L. No. 1-2021]
(a)
Siting of buildings and accessory structures and equipment;
(b)
Effects of building height, length, bulk and shadows. This shall include consideration of the visual compatibility of, among other things: height, gross volume, and rhythm of solids to voids created by openings in the facade;
(c)
Landscape design;
(d)
Location and layout of walks, drives and other site features;
(e)
Preservation of views from the site and from adjoining areas;
(f)
Appropriateness of building architectural style and materials (including colors, textures, and patterns) to ensure visual compatibility with the surrounding buildings and environment;
(g)
Provisions of screening around and landscape treatment within open parking and service areas;
(h)
Relationship and scaling of building design and exterior architectural features to the environment to which it is visually related and to the pedestrian; and
(i)
Likelihood of nuisances.
(3)
Circulation and parking. To determine that the proposal facilitates safe and appropriate pedestrian access, vehicular traffic movement, servicing and parking within the Village, and, when necessary, compliance with other regulations for the very young, the elderly and the handicapped, particular consideration shall be given to:
(a)
Vehicle sight lines at street and drive intersections;
(b)
Provisions for access and movement of fire and emergency vehicles;
(c)
Separation of pedestrian and vehicular traffic, and, where practicable, separate provisions for bicycle circulation;
(d)
Width and alignment of drives and access roads and layout of parking and service areas;
(e)
Location and distance of curb cuts in relation to street intersections;
(f)
Effect of traffic generated by the proposed development upon surrounding streets, intersections and off-site parking;
(g)
Discouraging routing of vehicular traffic through local residential streets;
(h)
Layout and handling of pedestrian areas (plazas, walks, etc.) to avoid unnecessary congestion and overcrowding;
(i)
Minimization of left-hand turns, other turning movements and backing movements; and
(j)
Appropriateness of location, width and layout of internal circulation to the proposed development.
(4)
Protection of neighbors. To protect owners and users and the Village by providing for such matters as:
(a)
Surface water drainage;
(b)
Sound and sight buffers;
(c)
Light and air;
(d)
Disposal of solid, liquid and gaseous waste and for avoidance of odors and air pollutants; and
(e)
Aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses and the functioning of the Village and its services.
(5)
Compliance with other laws and regulations. To coordinate compliance with other standards and local, state and federal laws and regulations which affect design:
(a)
The Comprehensive Plan;
(b)
This chapter and other local laws related thereto;
(c)
New York State Uniform Fire Prevention and Building Code;
(d)
Utility standards and regulations;
(e)
Environmental protection laws;
(f)
Pollution control standards;
(g)
Noise control standards; and
(h)
Floodplain regulations.
B.
Surface water drainage. Developments involving significant stormwater runoff from land areas and paved, roof and other surfaces shall provide an engineering analysis and design for a method of controlled drainage and/or storm system improvements that will eliminate an adverse discharge into the Village system. The design of the drainage system shall be in accordance with good engineering practice and applicable governmental regulations. All costs for the analysis, design and construction of the drainage system or improvements to the Village system shall be paid for by the applicant. Without limiting the generality of the foregoing, where, pursuant to Article X of this chapter, the Planning Board or Superintendent engages experts to review the analysis and design of such drainage systems and improvements, the applicant shall reimburse the Village for such costs.
[Amended 5-14-2007 by L.L. No. 3-2007]
C.
Application to accessory uses. The standards of review prescribed by this section shall also apply to all accessory buildings, structures, freestanding signs and other site features, however related to primary buildings or structures of a site development.
§ 310-31 Site plans.
A.
Site plans required. Every application for preliminary or final site plan approval shall be documented by site plans and building drawings as specified by this section, except as otherwise provided pursuant to this article. Such plans and drawings shall accompany and be deemed part of the application. Plans and drawings submitted for preliminary approval may be submitted for final approval to the extent that they are unchanged.
B.
Contents of site plans. Each application for preliminary and/or final approval of site plans shall include:
(1)
Preliminary building floor plans and exterior elevations drawn to scale adequate to show clearly the design intent.
(2)
A site plan or plans, drawn at a scale adequate to show clearly the following:
(a)
The dimensions, orientation and acreage of each lot or plat to be built upon or otherwise used and the location of present and proposed easements, prepared by a licensed surveyor under his or her seal;
(b)
The layout of the entire project and its relation to surrounding properties and the existing buildings and land uses thereon;
(c)
The location and dimensions of present and proposed street and highway dedications required to handle the traffic generated by the proposed uses;
(d)
The location of points of entry and exit for motor vehicles and the internal vehicular circulation patterns;
(e)
The location and layout of all existing and proposed paved areas, including off-street parking and loading facilities;
(f)
All existing and proposed topography and grading;
(g)
The location of significant natural features including, without limitation, watercourses, rock outcrops and wooded areas;
(h)
The location of existing and proposed plantings and screenings, including all existing trees of four-inch caliper and over, measured at a height of four feet above grade. Trees over four-inch caliper and other significant plantings to be removed shall be indicated;
(i)
The size, shape, location and lot line set back dimension of existing and proposed construction;
(j)
Indication of the proposed use of construction shown on the site;
(k)
Indication of building divisions into separate occupancies or uses;
(l)
The location of walls, fences and railings and the indication of their height and the materials of their construction;
(m)
Indication of exterior lighting adequate to determine its character and to enable review of possible hazards and disturbances to the public and adjacent properties;
(n)
Indication of other potential disturbances to the public and adjacent properties including, without limitation, noise or odors to be emitted from the proposed use; and
(o)
The location, size and design of exterior signs and outdoor advertising.
(3)
If a proposed project is to be developed in separate stages, a plan shall be submitted indicating the total development and the sequence and timing for each phase of the development.
(4)
Analysis and statement of compliance with applicable sections of this chapter including, without limitation, density, building height, number of stories, bulk, dimension, setback, usable open space, building coverage, occupancy and parking.
(5)
A statement of the zoning history of the property, including all amendments to the applicable provisions of the zoning ordinance and prior decisions by the Planning Board (and its predecessor) and the Zoning Board of Appeals in the case of any development, the cost of which is estimated to exceed $50,000.
C.
Waiver of requirements. The Planning Board may waive any of the above submissions that it believes to be unnecessary. The Planning Board may require such other information and exhibits as it deems reasonably necessary to enable it to reach an informed result. That information may include but is not limited to:
(1)
Photographs of the site and neighboring structures;
(2)
Sections to explain the character of the design;
(3)
Professional studies of the effect of the proposed development upon the Village with respect to such factors as traffic and parking, surface water drainage facilities and public utilities;
(4)
Detailed drawings of decorative elements;
(5)
Samples of exterior materials and colors;
(6)
Location and method of refuse storage;
(7)
Scale drawings of signs; and
(8)
Model(s).
§ 310-32 Compliance with State Environmental Quality Review Act (SEQRA).
The Planning Board shall comply with the provisions of the State Environmental Quality Review Act under Article Eight of the Environmental Conservation Law and its implementing regulations and Chapter 140, Environmental Quality Review, of this Code.
§ 310-33 Subdivisions.
No land may be subdivided unless the subdivision is approved by the Planning Board in accordance with the provisions of this article. It is the intention of the Board of Trustees in adopting this requirement to rely upon the enabling power of § 7-725-a of the Village Law of New York State in lieu of §§ 7-728, 7-730, 7-732, 7-738 and 7-740 of the Village Law. The Planning Board may, in accordance with § 310-31C of this chapter, waive submissions by the applicant which it believes are unnecessary in light of the nature of the particular subdivision.
§ 310-33.1 Penalties for offenses.
[Added 1-11-2021 by L.L. No. 1-2021]
In addition to any other penalties provided in law or in equity, any party violating any of the provisions of this Article VI of Chapter 310 of the Code of the Village of Bronxville or any condition of a Planning Board approval shall be guilty of a violation (i.e., not a misdemeanor or felony) punishable by a fine of up to $5,000 for each violation. Each day a given violation continues shall constitute a separate offense.