Cortlandt City Zoning Code
ARTICLE XII
Site Development Plan Approval
§ 307-66 Approval requirements for major proposals.
A.
Site development plan approval by the Planning Board shall be required for the erection or enlargement of all buildings other than one- or two-family residences in all districts and for all commercial, industrial and other nonresidential uses of land where no building is proposed. Changes of use with respect to plans previously approved by the Planning Board do not need to obtain amended site plan approval unless: site work is necessary pursuant to state and local codes; the applicant proposes discretionary site work exceeding 5% of the entire size of the applicant's lot; the proposed application will result in a shortage of parking spaces; or when a committee composed of representatives of the Town's engineering, planning, and legal staff believe that amended site plan approval is necessary based on an increase in the intensity of use or any significant changes to the criteria listed in § 307-73 of the Town Code. "Intensity of use," as used in this section, is when tenant spaces are combined or modified resulting in excess of a 200% increase in gross floor area of a single tenant space. Referral to the Westchester County Department of Health is required on sites serviced by on-site wastewater treatment systems.
[Amended 11-10-2020 by L.L. No. 4-2020]
B.
In all cases where any amendment of any such plan is proposed, the applicant must also secure the approval of the amendment by the Planning Board.
C.
No building permit shall be issued for any use of land or building within the purview of this section until the Chairman of the Planning Board has signed a site development plan and transmitted a copy to the Director of Code Administration and Enforcement.
§ 307-67 Approval requirements for minor proposals.
The following shall be designated as minor proposals: a building enlargement of 300 square feet or less of floor space; a parking lot enlargement of three parking spaces or fewer; or the installation of three or more vending machines. Minor proposals are subject to the provisions of § 307-69 of this chapter.
§ 307-68 Approval requirements for single- and two-family dwellings.
Site development plan approval by the Director of Code Administration and Enforcement shall be required for the construction of all single- and two-family dwellings. The provisions of § 307-69 shall apply to proposals to construct single- and two-family dwellings.
§ 307-69 Procedures for minor proposals and proposals for single- and two-family dwellings.
An applicant, upon the submission of all required forms and the payment of the required fee, may request that the Director of Code Administration and Enforcement review a minor proposal. Unless such request is made, minor proposals shall follow the requirements for a major proposal. The Director of Code Administration and Enforcement shall review a proposal for construction of a single- or two-family dwelling. The Director of Code Administration and Enforcement may require those drawings and other information he deems necessary for his review and then shall review such proposal, applying the standards set forth in § 307-73, as applicable. If the Director of Code Administration and Enforcement determines that the proposal is consistent with the general purpose and intent of this chapter, site development plan approval for a minor proposal or for a single or two-family dwelling may be issued. At any time prior to the issuance of the site development plan approval in the case of a minor proposal, either the Director of Code Administration and Enforcement or the applicant may request review by the Planning Board, which shall follow the procedures for a major proposal, but without the necessity of payment of a second fee.
§ 307-70 Discussion of proposed site development plans.
Prior to the submission of a complete application for site development plan approval, the applicant may request, in writing, to meet informally with the Planning Board and the Director of Planning or, in the case of a minor proposal or single- or two-family dwelling, with the Director of Code Administration and Enforcement to discuss the proposed site development plan. Request for a variance or waiver of requirements should be made at this meeting.
§ 307-71 Information to be submitted.
A.
In order to be placed on the Planning Board agenda for consideration, a complete site development plan application and fee must be submitted as required at least 10 days in advance of the Planning Board meeting to the Department of Planning and Community Improvement. All maps and/or plans submitted must be at a scale of not less than 40 feet to the inch, on a sheet no larger than twenty-four by thirty-six (24 x 36) inches.
B.
The following legal information shall be submitted with a site development plan application:
C.
The following site development plan data shall be shown on a drawing as follows:
(1)
The names of all owners of record of all adjacent property and the lot, block and section number of the property.
(2)
A location map showing existing roads, schools, zoning and special district boundaries, as an insert at a scale of one inch equals 1,000 feet.
(3)
The location of existing and proposed buildings and the uses thereof.
(4)
The location of existing and proposed water mains and service lines with pipe sizes, hydrants, wells and other facilities as required.
(5)
The existing and proposed sewage disposal system and sanitary sewer mains and service connections with pipe sizes, grades, manholes and other facilities as required.
(6)
One print of photographs showing all four elevations of each major building and additional photographs showing nearby buildings on adjacent properties. This data is supplemental and will not be made an integral part of the approved site development plan.
(7)
The existing and proposed contours with intervals of two feet or less, referred to a datum satisfactory to the Board.
(8)
The location of existing watercourses, marshes, wooded areas, rock outcrops and other significant existing features. Appropriate photogrammetry may be submitted in lieu of detailed topographic information with the understanding that supplemental information may be required by the Board to locate and identify significant features.
(9)
Size, number, location and type of trees with diameter of four inches or more measured four and one-half (41/2) feet above ground level, to be cut and to be saved.
(10)
The title of the development, date, North arrow, scale and name and address of record owner and name, address and professional seal of an engineer, architect or landscape architect preparing the site development plan.
(11)
The proposed use or uses of land and buildings and proposed location of buildings, including proposed grades.
(12)
All existing and proposed easements, rights-of-way and otherwise restricted areas.
(13)
All existing and proposed driveways, with profiles indication grade and cross sections showing width of roadway, location and width of sidewalk and location and size of utility lines, according to the standards and specifications approved by the Town Engineer.
(14)
The location and design of any existing and proposed off-street parking areas or loading areas, including the proposed surfacing of the same.
(15)
All site development plans that involve outdoor lighting shall submit the materials required as per §307-12.3E, Permit requirements.
[Amended 8-13-2024 by L.L. No. 8-2024]
(16)
The existing and proposed screening and landscaping, including a planting plan.
(17)
The existing and proposed location, height and design of all fences.
(18)
The existing and proposed location and design of outdoor vending machines.
(19)
The existing and proposed stormwater drainage system, including pipe sizes, manholes, drains, grades and other facilities as required.
(20)
Proposed method of solid waste hauling and storage, including methods and facilities for recycling.
(21)
All four elevation drawings illustrating the proposed architectural design, including the type and color of materials to be used.
(22)
The existing and proposed location, height and design of all existing and proposed signs.
§ 307-72 Public hearing.
A.
The Planning Board may conduct a public hearing with regard to an application for site development plan approval pursuant to § 274-a of the New York Town Law.
B.
A sign giving notice of a public hearing to be held on an application to the Planning Board for site development plan approval shall be posted in the front yard and visible from the adjoining road of the subject property. Said sign shall be posted by the applicant at least 20 days before the date of such hearing. The applicant shall obtain said sign from the Town of Cortlandt. The applicant shall submit a written, signed affidavit indicating the date, location and requisite posting of said sign including a photo of the sign taken from the front property line.
[Added 8-12-2003]
C.
The applicant with due diligence must provide a copy of the Planning Board's written public hearing notice for the site development plan application to all abutting property owners, including those across any street adjoining the parcel of land the subject of the proposed site development plan. The Planning Board may also direct that other persons be notified. Notice must be given more than 10 and less than 21 calendar days prior to the scheduled site development plan public hearing. Prior to the public hearing the applicant shall submit to the Planning Board a completed affidavit of notification. Certified mail, return receipt requested, may be utilized to supplement proof of the required notification.
[Added 7-21-2009 by L.L. No. 2-2009]
§ 307-73 Review by Planning Board.
The Planning Board, with the Director of Planning, shall review the plan or any amendment thereto. In considering the approval of the site development plan, the Planning Board shall take into consideration the public health, safety and general welfare, the comfort and convenience of the public in general and the residents of the immediate neighborhood in particular and shall make any appropriate conditions and safeguards in harmony with the general purpose and intent of this chapter and particularly in regard to the following standards:
A.
Traffic access and egress. The proposed traffic access and egress is designed for maximum safety and is adequate in width, grade, alignment, sight distance and other safety controls, devices and facilities.
B.
Circulation and parking. Adequate off-street parking and loading spaces are provided according to the existing zoning, and the interior circulation system is adequate to provide safe accessibility to all required off-street parking.
C.
Exterior lighting. The location, power, direction and time of any exterior lighting of the site shall have no adverse effect upon any properties in adjoining residence districts by impairing the established character or the potential use of properties in such districts. Lighting shall be located on the perimeter of the site and shall be directed so as to shine inward upon the site.
D.
Screening and landscaping. All playground, parking, loading, public and other service areas are reasonably screened at all seasons from the view of adjacent lots and streets, and the scale and quality of the screening and landscaping of the site enhances the character of the neighborhood and architectural quality of the structure. The planting of trees may be required as a condition of approval.
E.
Natural and other significant features. All streams, ponds, wetlands, steep slopes, trees deemed specimen and protected trees by Local Law No. 3-1991, A Local Law for Tree Cutting and Typographic Alterations,[1] rock outcrops and other elements of scenic, ecological and historic value are preserved insofar as possible.
F.
Fire protection. All proposed structures, equipment or material shall be readily accessible for fire protection.
G.
Drainage. A drainage system which would afford a practical and functional solution to any drainage problems, including off-site improvements necessary to properly handle increased runoff, shall be provided. Buildings and other improvements shall be arranged to reduce soil erosion and flood hazard insofar as possible.
H.
Architectural and site design will not result in excessive similarity or excessive dissimilarity but appropriateness in relation to any other structures, existing or proposed, for which a permit has been issued or in relation to natural features of terrain facing upon the same or intersecting street and within 500 feet of the proposed site with respect to one or more of the following features:
(1)
Front, side or rear building elevations visible from a street, including the size and arrangement of doors, windows, porticos, garages, chimneys or other openings or breaks.
(2)
Other significant design features, such as but not limited to materials, color, roof shape, exposed mechanical equipment, service and storage enclosures, signs, landscaping, retaining walls, parking areas, loading docks, dividing walls, fences and lighting posts.
§ 307-73.1 Maintenance security.
[Added 2-14-1995]
A.
The Planning Board may require the posting of a maintenance security, subject to the approval of the Town Board, to guarantee the upkeep of landscaping, screening, soil erosion controls and safety devices and to ensure the removal of all construction debris and materials from the site and to ensure the general cleanliness and proper maintenance of the grounds and environs of the site development plan.
B.
After a period of two years, if the applicant has satisfactorily complied with the requirements above enumerated, he shall be eligible, upon request, for the release of the security posted.
§ 307-74 Application fees.
The application fee for site development plan approval shall be as may be established from time to time by resolution of the Town Board.
§ 307-75 Waivers.
Upon determination by the Planning Board or, in the case of a minor proposal or single- or two-family dwelling, by the Director of Code Administration and Enforcement that, due to special conditions peculiar to a site, certain of the information normally required as part of the site development plan is inappropriate or unnecessary or that strict compliance with said requirements may cause extraordinary and unnecessary hardships, the Board or, as the case may be, the Director of Code Administration and Enforcement may vary or waive the provision of such information, provided that such waiver will not have detrimental effects on the public health, safety or general welfare or have the effect of nullifying the intent and purpose of this chapter.