Hastings On Hudson City Zoning Code
ARTICLE XII
Site Plan Approval
§ 295-104 Necessity of site plan approval.
[Amended 12-17-1996 by L.L. No. 4-1996; 8-6-2013 by L.L. No. 5-2013]
A.
Except as provided in Subsections C and D below, a site plan, approved by the Planning Board, shall be required for:
(1)
The construction, reconstruction, alteration, renovation, demolition, or enlargement, moving or removing of any building or structure, except for interior work that does not change the exterior of the building.
(2)
The construction or alteration of a driveway or parking space.
(3)
The alteration of a building in such a way as to create an additional dwelling unit, except for accessory apartments created pursuant to § 295-67D and requiring an accessory apartment permit.
(4)
Any land use not involving a building or structure.
B.
Where a site plan has been approved by the Planning Board, no building or structure on the property encompassed within that site plan, or on any portion of that property, shall at any time be constructed, reconstructed, altered, renovated, demolished, enlarged, moved, removed or used, nor shall any land partially or wholly encompassed within an approved site plan be used, unless expressly permitted by the site plan or by an amended site plan. In particular, without limitation, no building, structure or land encompassed within a site plan shall at any time be altered so as to no longer comply with a condition contained in an approved site plan without Planning Board approval of an amended site plan expressly permitting that alteration.
C.
Notwithstanding the requirements of Subsection A above, no site plan shall be required for the construction, reconstruction, alteration, renovation, demolition or enlargement of a single-family dwelling, or a driveway, parking space, or structure accessory to a single-family dwelling, provided that the owner of the lot certifies, in writing, that (s)he has no intention to construct or to have constructed, at that time or in the future, either on that lot and/or any adjacent lots, more than one single-family dwelling. For purposes of this subsection, "owner" includes the record owner and any contract vendee, lessee, assignee, licensee, subsidiary, parent or affiliate of the record owner.
D.
Notwithstanding the requirements of Subsection A above, no site plan shall be required for the reconstruction, alteration, renovation, demolition or enlargement of a two-family dwelling, or a driveway, parking space, or structure accessory to a two-family dwelling, unless the alteration or enlargement results in the creation of an additional dwelling unit.
E.
Where a site plan is required by this section, no building permit or certificate of occupancy shall be issued until the site plan has been approved by the Planning Board and until all of the requirements and conditions of the site plan have been met. Continued conformance with the site plan, including all conditions contained in it, shall be a requirement of the continued validity of the building permit and certificate of occupancy.
§ 295-105 Amendments and revisions of site plans.
Amendments and revisions of site plans shall be subject to the same requirements and procedures as site plans submitted for the first time for approval.
§ 295-106 Application.
At least 15 days before the Planning Board meeting to which the site plan or an amendment to the site plan is to be presented, the applicant shall submit to the Building Inspector six copies of:
A.
The application for site plan approval on official Village forms signed by the fee owner of the property, which application shall include, among other things:
(1)
The names of all record owners of all adjacent properties and the sheet, lot, block and section number of those properties and the property to be developed.
(2)
A list of any deviations from the requirements of this chapter.
(3)
A completed New York State Environmental Quality Review Act assessment form.
B.
Any covenants or deed restrictions that are intended to cover all or any part of the property to be developed.
C.
A planting plan prepared by an architect or landscape architect certified by the State of New York.
D.
A vicinity map, at a scale of not less than 200 feet to the inch, showing buildings on contiguous lots.
E.
A detailed site plan showing, at a scale of not less than 20 feet to the inch on sheets not to exceed 30 inches by 40 inches, the applicant's entire property and adjacent properties and existing streets and indicating:
(1)
The title of the development, if any; the date the plan was prepared; the North point; the scale; and the name and address of the record owner, the engineer, the architect, the land planner, the surveyor and the person who prepared the site plan.
(2)
The location of all existing and proposed lot lines, easements, reservations and areas dedicated to public uses.
(3)
All existing municipal school district, zoning district and special district boundaries.
(4)
The location of yards required by this chapter and indicating whether and by how much such yards are greater or less than the actual proposed yards.
(5)
The location and dimensions of all existing and proposed buildings and structures, including, without limitation, the height of all buildings and structures and the width of all courts.
(6)
The existing and proposed use of all land and the existing and proposed use and exterior design of all existing and proposed buildings and structures, including, without limitation, the proposed grades, facades and other architectural features, and the location and attachment of mechanical equipment and other appurtenances to the exterior or at the roof.
(7)
The existing and proposed division of all existing and proposed buildings and structures into units of separate occupancy.
(8)
The location of all existing watercourses, marshes, wooded areas, rock outcrops, single trees with a diameter of eight inches or more measured three feet above the base of the trunk, and all other significant existing land features.
(9)
The location, layout and surfacing of all existing and proposed driveways, paving and off-street parking and loading areas, including individual parking spaces.
(10)
The location, size and type of all landscaping, screening and buffer areas.
(11)
The location of all existing and proposed outdoor storage areas, including snow storage in parking areas.
(12)
The location of all proposed streets, with profiles indicating grading and cross-sections showing the width of the roadway, the location and width of all sidewalks and the location and size of utility lines.
(13)
The location of all existing and proposed water mains, valves, hydrants, culverts, drains and sewer lines, or alternate means of water supply and sewer disposal and treatments, with pipe sizes, grades, direction of flow and location of connection to public utilities.
(14)
The location, height and design of all existing and proposed fences and retaining walls.
(15)
The location, direction, power, design and time of all existing and proposed exterior lighting.
(16)
The location, design and size of all existing and proposed signs.
(17)
The location of all other existing and proposed site improvements.
(18)
Existing soils and existing and proposed topography of the site, including existing and proposed contours, with intervals of five feet or less, referred to a datum satisfactory to the Planning Board. Where the variations in the proposed elevation above or below the average level of the street in front of the property exceed 10 feet, the application shall be accompanied by a map, certified by a licensed surveyor, showing the contours at two-foot intervals.
(19)
All other pertinent information.
G.
Any other information or documents required by the Planning Board for a review of the site plan.
H.
A fee in the amount set by the Board of Trustees pursuant to § 295-152 of this chapter. The application shall not be considered as complete or officially submitted until all of the information, documents and fees required by this section have been received, in proper form, by the Building Inspector.
I.
The Planning Board may waive any of the required submissions if it finds, because of the special circumstances of a particular case, that the information is not necessary to assist the Planning Board in making its decision, or that compliance with the requirements may cause extraordinary and unnecessary hardship.
[Added 8-6-2013 by L.L. No. 5-2013]
§ 295-107 Action by Planning Board.
A.
The Building Inspector shall refer the application for site plan approval, together with the other documents required by § 295-106, to the Planning Board within five days after receipt.
B.
Within 62 days after receipt by the Building Inspector of the completed application, the Planning Board shall conduct a public hearing held upon the same notice as that required for a zoning variance.
C.
Within 62 days after such hearing, the Planning Board shall review and approve, approve with modifications or disapprove the site plan; provided, however, that the time within which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Planning Board.
D.
The decision of the Planning Board shall be filed in the office of the Village Clerk within five business days after such decision is rendered, and a copy of the decision shall be mailed to the applicant.
[Amended 6-15-1999 by L.L. No. 3-1999]
E.
Within 15 days of the approval of a site plan, the Planning Board shall file with the Building Inspector one copy of the approved plan, with the approval noted thereon, and one copy of the Planning Board's resolution approving the site plan, including a list of any conditions to which the approval is subject. One copy of the plan and resolution shall be made available to the applicant.
§ 295-108 Planning Board site plans.
In furtherance of any investigation, or in connection with any map, report or recommendations made by the Planning Board relating to planning and development of the Village, the Planning Board may, on its own initiative, propose a general or specific site plan for a particular area where site plan approval may be required in the future, using as a guide the requirements of this chapter.
§ 295-109 Standards for site plan approval.
In acting upon any application for site plan approval, the Planning Board shall consider the site layout and overall appearance of all buildings, structures and land in the proposed development in relation to the public health, safety and general welfare and the comfort and convenience of the public in general and the residents of the immediate neighborhood in particular. The Planning Board shall not approve any site plan unless the Planning Board determines that that site plan, as modified by the Planning Board and as subject to conditions imposed by the Planning Board, meets the following standards:
A.
The site layout and overall appearance of all buildings, structures and land 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 and will have no material adverse effect upon the desirability of such neighborhoods for the uses contemplated by the comprehensive zoning plan.
B.
The historical, scenic and community character of the Village and of individual buildings and sites shall be preserved.
C.
The environment, including air, water, land and living resources, shall be protected to the maximum extent practicable.
D.
The safety of pedestrian and vehicular traffic will be ensured.
E.
The parking and loading requirements of this chapter are met.
F.
The purposes and intent of this chapter will be met, to the end that the value of buildings and land will be conserved and the most appropriate use of land will be encouraged.
§ 295-110 Site plan conditions.
The Planning Board shall attach such conditions and safeguards to the approval of any site plan as are, in its opinion, necessary to assure initial and continued compliance with all applicable provisions of this chapter, including a requirement that the applicant post a bond under such terms and conditions as the Planning Board shall determine.
§ 295-111 Expiration of approvals.
A.
Subject to the provisions of Subsection C below, site plan approvals granted pursuant to this chapter shall automatically lapse and become null and void if a building permit in accordance with the approved site plan is not obtained within 12 months after the site plan approval or, if no building permit is required, if a certificate of occupancy in accordance with the approved site plan is not obtained within 12 months after the site plan approval.
B.
Subject to the provisions of Subsection C below, site plans approved before the effective date of this chapter will lapse and become null and void if a building permit in accordance with the approved site plan is not obtained within 12 months after the effective date of this chapter or, if no building permit is required, if a certificate of occupancy in accordance with the approved site plan is not obtained within 12 months after the effective date of this chapter.
C.
Upon written application, the Planning Board may, at its discretion, extend the approval of a site plan where, in the opinion of the Planning Board, there are reasonable grounds for granting the extension. Each extension, however, may not be for a period longer than 12 months.
§ 295-112 Reservation of parkland.
A.
General standards.
(1)
The Planning Board may require that a site plan containing residential units also contain a park or parks suitably located for playground or other recreational purposes.
(2)
Before the Planning Board may require that land be reserved for park, playground or other recreational purposes, the Planning Board must make a finding that such requirement is warranted. Such a finding shall include an evaluation of the present and anticipated future needs for park and recreational purposes in the Village, based on the projected population growth to which the particular site plan will contribute.
B.
Ownership of park area. The ownership of reservations for park purposes shall be clearly indicated on the site plan and established in a manner satisfactory to the Planning Board so as to assure their proper future continuation and maintenance.
C.
Cash payment in lieu of reservation.
(1)
Where the Planning Board makes a finding that the proposed site plan presents a proper case for requiring a park or parks suitably located for playground or other recreational purposes, but that a suitable park or parks of adequate size cannot be properly located on such site plan, the Planning Board may require, as a condition to approval of the site plan, a payment to the Village of a sum of money determined by the Board of Trustees.
(2)
In making the 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.
(3)
Any moneys required by the Planning Board in lieu of land for park, playground or other recreational purposes pursuant to 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.
(4)
Credit for land set aside in subdivision approval. Notwithstanding Subsections A through C of this section, if the land included in a site plan under review is a portion of a subdivision plat that has been reviewed and approved, the Planning Board shall credit the applicant for any land set aside for parkland 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.
D.
This section shall not apply to affordable housing units or workforce housing units, as defined in this chapter.
[Added 1-8-2013 by L.L. No. 1-2013]
§ 295-112.1 Affordable and workforce housing set-aside.
[Added 7-17-2001 by L.L. No. 3-2001; amended 2-1-2011 by L.L. No. 3-2011; 1-8-2013 by L.L. No. 1-2013]
A.
Set-aside requirement. Before the Planning Board may approve a site plan for a residential development containing eight or more dwelling units, whether in single-family, two-family or multifamily buildings, such site plan shall show affordable and workforce housing units as follows:
(1)
Fifteen percent of all units in such development shall meet either the definition of an "affordable housing unit" or a "workforce housing unit." At least 2/3 of these units shall be affordable housing units. The remaining 1/3 may be either affordable housing units or workforce housing units. The calculation of the required number of affordable and workforce housing units shall in each case be rounded to the closest whole number, that is, 1.1 to 1.4 units would be rounded down to one unit, and 1.5 to 1.9 units would be rounded up to two units.
[Amended 1-20-2015 by L.L. No. 1-2015]
(2)
Affordable housing units and workforce housing units shall generally be distributed evenly throughout the development. Notwithstanding, the Planning Board may use discretion in reviewing and approving distribution.
(3)
The exterior appearance of affordable housing units and workforce housing units shall not distinguish them as a class from other units.
(4)
Affordable housing units and workforce housing units shall be distributed among one-, two-, three- or four-bedroom units in the same proportion as all other units in the development, unless a different proportion is approved by the Planning Board as being better suited to the housing needs of the Village.
(5)
Alternatives to set-aside. There is a strong preference that units be on site. However, where the Planning Board determines that the on-site location of affordable and workforce housing units is not practical, the Planning Board may:
(a)
Require the applicant to construct the affordable and workforce housing units at another location in the Village; or
(b)
Require the applicant to pay a fee equal to the cost necessary to acquire a site and to develop the required number of affordable and workforce housing units into a special affordable housing fund.
(6)
Minimum floor area.
(a)
The minimum gross floor area per affordable and workforce housing unit shall not be less than 80% of the average floor area of nonrestricted housing units in the development and not less than the following unless the applicant can establish to the satisfaction of the Village that the development is subject to maximum floor area requirements imposed by federal, state or county funding sources or a different floor area requirement is approved by the Planning Board as being better suited to the housing needs of the Village:
Dwelling Unit | Minimum Gross Floor Area (square feet) | |
|---|---|---|
Efficiency | 450 | |
One-bedroom | 675 | |
Two-bedroom | 850 | |
Three-bedroom | 1,100 (must include at least 1.5 baths) | |
Four-bedroom | 1,300 (must include at least 1.5 baths) |
(b)
For purposes of this section, paved terraces or balconies may be counted toward the minimum gross floor area requirement in an amount not to exceed 1/3 of the square footage of such terraces or balconies.
(7)
Occupancy standards. For affordable and workforce housing units, the following occupancy schedule shall apply, so long as these standards comply with the New York State Building, Fire and Property Maintenance codes:
Number of Bedrooms | Number of Persons | |
|---|---|---|
Efficiency | Minimum 1; maximum 1 | |
One-bedroom | Minimum 1; maximum 3 | |
Two-bedroom | Minimum 2; maximum 5 | |
Three-bedroom | Minimum 3; maximum 7 | |
Four-bedroom | Minimum 4; maximum 9. |
(8)
Reduced lot size. Notwithstanding Article IX of this chapter, a single-family affordable or workforce housing unit may be located on a lot meeting 75% of the minimum lot area for the single-family homes in the development.
(9)
Density bonus. The Planning Board may permit the number of dwelling units and bedrooms to exceed the maximum number of dwelling units and bedrooms otherwise permitted by the Zoning Code, but in no event by more than 10%, if for every market-rate dwelling unit in excess of the maximum, one affordable housing unit is also provided.
(10)
Certificate of occupancy. A certificate of occupancy for the affordable and workforce housing units must be issued at or before the certificate of occupancy for the market-rate units, except that for a subdivision development being constructed in phases, the certificates of occupancy for the required 15% of the affordable and workforce housing units in each phase must be issued before the certificates of occupancy for the market-rated units.
B.
Administration.
(1)
Time period of affordability. Units designated as affordable or workforce housing units must remain affordable for a minimum of 100 years from the date of the initial certificate of occupancy for rental properties and from the date of original sale for for-purchase units.
(2)
Primary residence. Any affordable housing unit or workforce housing unit shall be the primary residence of the resident household selected to occupy the unit.
(3)
No priorities. No preferences shall be utilized to prioritize the selection of income-eligible tenants or purchasers for affordable or workforce housing units. This section shall not apply to affordable housing units created before March 1, 2012.
(4)
Maximum sales price/rent.
(a)
The maximum gross sale price for an affordable housing unit shall be based on an annual housing cost, including common charges, principal, interest, taxes, and insurance, that does not exceed 33% of 70% of the AMI, adjusted for the median household size for the unit, as set forth in § 295-112.1A(7).
(b)
The maximum monthly rent for a rental affordable housing unit, plus any tenant-paid utilities, shall not exceed 30% of 60% of the AMI, adjusted for the median household size for the unit, as set forth in § 295-112.1A(7).
(c)
The maximum gross sale price for a workforce housing unit shall be based on an annual housing cost, including common charges, principal, interest, taxes, and insurance, that does not exceed 33% of 100% of the AMI, adjusted for the median household size for the unit, as set forth in § 295-112.1A(7).
(d)
The maximum monthly rent for a workforce housing unit, plus any tenant-paid utilities, shall not exceed 30% of 80% of the AMI, adjusted for the median household size for the unit, as set forth in § 295-112.1A(7).
(5)
Rental units.
(a)
A person renting an affordable housing unit or workforce housing unit shall sign a lease for a term of no more than two years. As long as a renter remains eligible and has complied with the terms of the lease, the renter shall be offered renewal leases for a term of no more than two years each.
(b)
Renewal of a lease shall be subject to the conditions of federal, state or county provisions that may be imposed by the terms of development funding agreements, if any, or to the provisions of other applicable local law.
(c)
If no such provisions are applicable and if a renter's annual gross income should subsequently exceed the maximum then allowable, as defined in this section, then the renter may complete his/her current lease term, and shall be offered a nonrestricted rental unit in the development, if available, at the end of such lease term. If no such unit is available at said time, the renter may be allowed to sign one additional one-year lease for the affordable housing unit s/he occupies but shall not be offered a renewal of the lease beyond the expiration of that additional one-year lease term. If, however, the renter's income falls below the maximum during the additional one-year term, the renter shall be offered a two-year renewal lease.
(d)
Every new or renewal lease must be approved by the Hastings-on-Hudson Affordable Housing Development Fund Co., Inc., to ensure compliance with the income guidelines and other requirements of this affordable and workforce housing set-aside section.
(e)
The owner of any multifamily building subject to this section shall annually certify to the satisfaction of the Hastings-on-Hudson Affordable Housing Development Fund Co., Inc., that the requisite number of affordable and workforce rental units have been rented to income-eligible tenants as required by this section and that any new tenants of the affordable and workforce units meet the income guidelines in effect when said new tenants take occupancy. Annual certifications shall include unit designations and occupant names and shall be signed by the owner of the building.
(6)
Sale of individually owned units.
(a)
In the case of owner-occupied affordable or workforce housing units, the title to such property shall be restricted so that in the event of any resale by the home buyer or any successor, the resale price shall not exceed the then-maximum sales price for said unit, as determined in this section, or the sum of:
[1]
The net purchase price (i.e., gross sale price minus any subsidies) paid for the unit by the owner increased by the percentage increase, if any, in the Consumer Price Index for Urban Wage Earners and Clerical Workers in the New York-Northern New Jersey Area, as published by the United States Bureau of Labor Statistics (the Index) on any date between the month that was two months earlier than the date on which the seller acquired the unit and the month that was two months earlier than the month in which the seller contracts to sell the unit. If the Bureau stops publishing this Index, and fails to designate a successor index, the Village will designate a substitute index; and
[Amended 2-5-2019 by L.L. No. 2-2019]
[2]
The cost of major capital improvements made by the seller of the unit while said seller owned the unit, as evidenced by paid receipts depreciated on a straight-line basis over a fifteen-year period from the date of completion; provided, however, that the improvements were approved by the Affordable Housing Development Fund Co., Inc.
(b)
Notwithstanding Subsection B(6)(a)[1] and [2], in no event shall the resale price exceed the maximum sales price as determined by § 295-112.1B(4).
(7)
Property restriction. A property containing any affordable or workforce housing unit must be restricted by using a mechanism such as a declaration of restrictive covenants, in recordable form acceptable to the Village Attorney, which shall ensure that the units shall remain subject to affordable regulations for the minimum one-hundred-year period of affordability. Among other provisions, the covenants shall require that the unit be the primary residence of the resident household selected to occupy the unit. Upon approval, such declaration shall be recorded against the property containing the affordable or workforce unit prior to the issuance of a certificate of occupancy for any dwelling unit on the property.
(8)
The developer and/or owner is responsible for the affirmative marketing of the affordable and workforce housing units and shall solicit income-eligible households in accordance with the requirements, policies and protocols established in the. Westchester County Fair and Affordable Housing Affirmative Marketing Plan so as to ensure outreach to racially and ethnically diverse households.
(9)
The Village Board of Trustees shall be responsible for the affordable housing requirements of this affordable and workforce housing set-aside section and shall have the authority to promulgate such rules and regulations as may be necessary to implement them.
(10)
The Village Board of Trustees may designate such additional person(s), authorities and procedures as necessary to monitor compliance with the provisions of this section.
C.
Expedited project review process.
(1)
Pre-application meeting. The applicant for a development including affordable and/or workforce housing units shall be entitled to attend at least one pre-application meeting at which representatives will be in attendance from each municipal department, agency, board, committee and staff expected to play a role in the review and approval of the development application and construction. The purpose of this meeting will be to expedite the application review process through:
(2)
Meeting schedule and timeline. Municipal departments, agencies, boards, committees and staff shall endeavor to honor the proposed meeting schedule and conceptual timeline established as an outcome of the pre-application to the greatest extent possible, subject to the demonstrated cooperation of the applicant to adhere to same. Should the approval process extend beyond one year, an application for a development including affordable and/or workforce housing units shall be entitled to at least one additional meeting per year with the same departments, agencies, boards, committees, and staff to review any and all items discussed at previous pre-application meetings.
D.
The limited sales value or rent levels of affordable housing units or workforce housing units shall be taken into consideration by the Village Assessor in determining the basis for assessment on such units.
§ 295-113 Application for area variance.
Notwithstanding any provision of law to the contrary, where a proposed site plan contains one or more features that do not comply with the zoning regulations, application may be made to the Zoning Board of Appeals for an area variance, pursuant to § 295-146 of this chapter, without the necessity of a decision or determination of an administrative official charged with enforcement of the zoning regulations.