Larchmont City Zoning Code
ARTICLE VIIIA
Site Plan Approval
§ 381-68-A Legislative intent.
In order to ensure that proposed development and use of land within the area of the Village of Larchmont will have a harmonious relationship with the existing or permitted use of contiguous land and of adjacent neighborhoods and so to ensure that the health, safety, welfare, comfort and convenience of the public is fully considered, this Article VIIIA is hereby enacted pursuant to the provisions of § 7-725 of the Village Law of the State of New York.[1]
[1]
Editor's Note: Section 7-725 of the Village Law was repealed by L. 1992, c. 694, § 3, effective 7-1-1993. See now § 7-725-a of the Village Law.
§ 381-68-B Definitions.
As used in this Article VIIIA, the following terms shall have the meanings indicated:
A plan which shows the proposed development and use of the land within the Village of Larchmont. Such plan shall consist of a map affirmatively demonstrating compliance with and adequate provision for all of the criteria, matters and the items listed in § 381-68-G, Subsection B, herein.
§ 381-68-C Delegation of authority.
The authority for approval of each and every site plan and all amendments thereto and modifications thereof is hereby delegated to the Planning Commission of the Village of Larchmont.
§ 381-68-D Applicable standards.
In acting on any site plan application, the Planning Commission, in addition to all other applicable laws, shall take into consideration the following standards:
A.
Traffic access and roads. All proposed traffic access and roads are adequate but not excessive in number, adequate in width, alignment and visibility, and not located too near street corners or other places of public assembly. Necessary traffic signalization and other safety controls, devices and facilities have been properly given consideration and duly provided wherever appropriate or warranted.
B.
Circulation and parking. Adequate off-street parking and loading spaces are provided to prevent the parking in public streets of vehicles of any persons connected with or visiting the site, and the interior circulation system is adequate to provide safe accessibility to all required off-street parking lots.
C.
Screening and landscaping. All playground, parking, loading, public and other service areas are reasonably screened by a double row of hemlocks or equivalent, five feet in height and four feet on center, at all seasons, from the view of adjacent lots and streets, and the scale and quality of the landscaping or fencing of the site enhances the character of the neighborhood.
D.
Natural and other significant features. All water bodies, wetlands, steep slopes, hilltops, ridgelines, trees, outstanding natural topography, significant geological features and other areas of scenic, ecological and historic value are preserved insofar as possible, and flood hazard is minimized.
E.
Fire protection. All proposed structures, equipment or material shall be readily accessible for fire protection.
F.
Drainage.
[Amended 6-30-1986 by L.L. No. 6-1986[1]]
(1)
A storm drainage system which demonstrates affirmative compliance with the form, scope and substance of all applicable design criteria shall be provided to accommodate expected loads from the tributary watershed when developed to the maximum density permitted under the existing zoning standards. Drainage shall be conducted to a point of adequate and suitable disposal.
(2)
On sites of 10,000 square feet or more and in other instances determined by the Planning Commission to be appropriate after consultation with the Village Engineer, development shall be so designed and executed as to limit overflow from the site to zero increase in the rate of runoff and to create zero decrease in the rate of upstream runoff into the site, as related to existing conditions, except that the Planning Commission, after consultation with the Village Engineer, may substitute a different requirement for a particular site if it determines that the substituted requirement will be more effective in controlling flooding and erosion at the site and at other locations.
(3)
On parcels of five acres or more, the Planning Commission may require that development is so designed and executed as to reduce the rate of runoff by a stipulated percentage not to exceed 20%, as compared with existing conditions, through drainage systems, water retention and/or the maintenance of open spaces, both those required under ordinary circumstances and such additional open spaces as may be required for this purpose, but without reducing the rate of runoff into the site from upstream. Such a requirement shall not be applied unless the Planning Commission determines that it is an appropriate and important means of preventing an increase in erosion and flooding at the site and/or at other locations. In making such determination, the Planning Commission shall consult with the Village Engineer and with the Westchester County Soil and Water Conservation District, who shall respond within the time limits set by this Article VIIIA. Failure to respond within such time limits shall be deemed approval by such agencies.
[1]
Editor's Note: Section 1 of L.L. No. 6-1986 provided as follows: "Policy 14 of the Town of Mamaroneck - Village of Larchmont local waterfront revitalization program, adopted June 30, 1986, declared that activities and development 'shall be undertaken so that there will be no measurable increase in erosion or flooding at the site of such activities or development or at other locations.' It is the purpose of this local law to give effect to that policy through appropriate amendment of the Site Plan Approval Law of the Village of Larchmont."
§ 381-68-E Compliance and approval required.
A.
No building permit shall be issued until site plan approval shall have been obtained from the Planning Commission.
B.
No certificate of occupancy for any structure or use upon or within the site shall be issued until all of the required conditions of the site plan approval have been met. The continued validity of any certificate of occupancy shall be subject to continued performance with the approved site plan and conditions attached thereto.
C.
Any revision of a site plan shall be subject to the same approval procedure as provided in this Article VIIIA.
D.
Applicants must comply with the provisions of every other Village local law and any other requirements of all other Village commissions, boards, departments and agencies, including but not limited to the Traffic Commission, the Zoning Board of Appeals and the Board of Architectural Review.
E.
No filling, excavating, removing of any topsoil, gravel, dirt, sand, shrubs, trees or any other such material for the purpose of erecting a building or structure or for the purpose of construction may be carried out until site plan approval, if required for the proposed construction, is first obtained for the proposed construction.
[Added 7-23-1984 by L.L. No. 4-1984]
F.
The demolition of over 20% of the gross square footage of existing improvements located on a single lot, within any twenty-four-month period, shall not be carried out until site plan approval is obtained. In calculating the gross square footage to be demolished, the Building Inspector shall include as to be demolished any square footage that, during the proposed demolition, will not remain fully enclosed by at least three existing exterior walls or fully enclosed by the existing ceiling structure or roof immediately above it on the same floor.
[Added 6-4-2001 by L.L. No. 3-2001; amended 11-21-2005 by L.L. No. 5-2005]
(1)
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 and site restoration plans shall include, but not be limited to:
[Added 12-19-2016 by L.L. No. 21-2016]
(a)
The time frames during which demolition and site restoration may occur and must be completed;
(b)
A requirement to fill all exposed below-grade areas with soil and that the lot be graded to match adjacent grades, all in compliance with the quality of soil and documentation provisions set forth in § 381-42A(2)(b), and for which the maximum quantity of soil that may be imported set forth in § 381-42A(2)(b)[1] shall not apply;
(c)
A requirement that all aboveground and overhead utilities be removed;
(d)
Where, upon satisfaction of the condition provided below, the Planning Board permits the 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 be filed with the Building Department;
(e)
A plan to protect, to the extent feasible, trees and other vegetation during demolition operations;
(f)
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
(g)
A prohibition against chain-link fencing and gates when demolition is complete.
(2)
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.
(3)
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.
(4)
Exceptions. Where the Building Inspector 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 F(1) above, and failure to seek such approvals shall be a violation subject to the penalties in the following subsection.
(5)
Penalties. In addition to any other penalties provided for violation of this site plan law, any person violating any of the provisions of this Subsection F of the Code of the Village of Larchmont shall be guilty of a violation (i.e., not a misdemeanor or felony) punishable by a fine of up to $5,000. Each day a violation continues shall constitute a separate offense.
§ 381-68-F Exemptions.
[Amended 7-23-1984 by L.L. No. 4-1984; 6-4-2001 by L.L. No. 3-2001; 11-21-2005 by L.L. No. 5-2005; 3-13-2023 by L.L. No. 4-2023]
The provisions of this Article VIIIA shall not apply to alterations or additions to one- or two-family dwellings, unless such alterations or additions, when aggregated with all other alterations and/or additions to such dwelling and all other improvements which are accessory to such dwelling and which were commenced or completed within the prior twenty-four-month period, or for which a building permit is/was sought or issued within the prior twenty-four-month period, encompass either new square footage in excess of 20% of the gross square footage of the existing improvements on the property in question or an increase in lot coverage by more than 20%. This section is not intended to affect the requirements of § 381-68-E(F). In the event of any conflict between § 381-68-E(F) and this § 381-68-F, the requirement of § 381-68-E(F) shall control.
§ 381-68-G Application procedure.
[Amended 7-23-1984 by L.L. No. 4-1984; 12-19-2016 by L.L. No. 22-2016; 3-13-2023 by L.L. No. 4-2023; 2-24-2025 by L.L. No. 1-2025]
The application procedure for site plan approval shall involve a three-stage process: a presubmission conference, a site plan application and a public hearing by the Planning Commission, as set forth below in Subsection D. The Planning Commission may adopt such rules and regulations as may be required to implement the application procedure.
A.
Presubmission conference. Prior to filing the site plan application required in Subsection B below, applicants shall meet with the Village staff for a pre-filing review and discussion of their proposed application. The Village Building Inspector shall have the authority to waive this requirement where he or she determines that it is not necessary in a particular case.
(1)
No site plan application for a significant project, as defined in this Subsection A, shall be accepted until the applicant submits to the Planning Board a concept plan and/or drawing in sufficient detail for the Planning Board to be able to visualize the proposed development and its context within surrounding properties and streets. A presubmission conference will then be scheduled for the applicant to discuss its concept with the Planning Board. If feasible, the presubmission conference will be a joint meeting of the Planning Board, the Board of Architectural Review, and, if the Zoning Board of Appeals will be an approving agency, the Zoning Board of Appeals. If it is not feasible for there to be such a joint meeting within 45 days of the submission of the concept plan and/or drawing, the application may be filed, and the Planning Board will seek the input of the Board of Architectural Review and, if involved, the Zoning Board of Appeals at the earliest feasible time. Applicants are advised that a primary purpose of this provision is to provide them with input from the appropriate land use boards before the details of their development proposal are fixed and before they have expended significant sums of money on plans that may require modification. The requirements of this subsection may be waived by the Planning Board or its designee.
(2)
For the purposes of this Subsection A, the term "significant project" shall mean a project that involves any one or more of the following elements:
(a)
A subdivision;
(b)
The construction of a new dwelling or dwelling unit on a one-family lot, and the construction of any new improvement on any other lot;
(c)
The renovation of an existing improvement where such renovation affects 25% or more of the lot area;
(d)
The addition of 25% of the existing square footage of a dwelling or dwelling unit on a one-family lot to such dwelling or dwelling unit, and the addition of 25% of the existing square footage of any other improvement to such improvement on all other lots; and
(e)
Any proposed development for which a variance from the minimum yard or setback dimensions is required.
B.
Application for site plan approval.
(1)
Within six months of the presubmission conference, 15 copies of the application for site plan approval shall be filed with the Planning Commission, accompanied by a detailed development plan prepared by a licensed architect or professional engineer under his/her professional seal, which plan shall contain information specified below:
(a)
A map showing the applicant's entire property and adjacent properties and streets, within a radius of 500 feet from the perimeter of the site at a scale of not more than 50 feet to the inch. Any relevant deed restrictions or covenants shall also be noted.
(b)
The proposed use, location, height and design of all existing and proposed buildings and structures not designated for demolition or removal, including side elevation.
(c)
Any proposed division of buildings and structures.
(d)
Any proposed division of any building into units of separate occupancy.
(e)
The proposed spatial arrangement of land uses.
(f)
Existing topography and proposed grade elevations at intervals of two feet or less.
(g)
The location of all existing watercourses, intermittent streams, wetland areas, rock outcrops, wooded areas and other significant existing features.
(h)
The general configuration of all existing and proposed public and private roads, drives and walkways.
(i)
Proposed final grades, including detailed information relative to methods to be used to retain, stabilize and/or refurbish regraded areas.
(j)
The location of all parking and truck loading areas, with access and egress drives thereto.
(k)
The location of traffic safety devices and directional flow of traffic.
(l)
The location of any outdoor storage.
(m)
The location and description of all existing and proposed site improvements, including but not limited to drainage pipes, drains, culverts, ditches, bridges or other drainage works, retaining walls and medians, dividers and fences. Drainage information shall be provided by a licensed professional engineer, furnished under his/her seal.
(n)
The location of all proposed and existing easements.
(o)
The location of any special district lines.
(p)
A description of the method of water supply and sewage and garbage disposal and the location of such facilities.
(q)
The location, height and size of all signs.
(r)
The location, height, quality and design of all landscaping and buffer areas.
(s)
The location, height and design of lighting, power and communication facilities.
(t)
Letters or permits from other agencies having jurisdiction as to their comments on the site development. The Building Inspector shall certify on each site plan or amendment whether or not the plan meets the requirements of all Zoning Ordinance provisions other than those of this section regarding site plan approval.
(u)
Any other pertinent information as may be necessary to determine and provide for the proper enforcement of this Article VIIIA.
(v)
A description of any proposed filling, excavation or removal of topsoil, gravel, dirt, sand, shrubs, trees or any other such materials.
(2)
If the site plan indicates a development in stages, a supplementary plan shall be submitted simultaneously with the proposed site plan, indicating total contemplated development.
(3)
A site plan, following approval by the Planning Commission, shall be valid for a period of 12 months from the date of such approval. If there is no substantial change in the condition of the site and/or its environs, site plan approval may be extended by the Planning Commission for one additional period of one year.
C.
Public hearing. The Planning Commission shall conduct a public hearing on the site plan. Such public hearing shall be conducted within 60 days of the receipt of the application for site plan approval and shall be advertised in the official newspaper of the Village at least five days before the public hearing.
D.
Referral. The Planning Commission shall forward one copy of the site plan application to the Board of Trustees, the Village Engineer, the Building Inspector, the Fire Department, the Police Department, the Zoning Board of Appeals, the County Planning Board and the State Department of Transportation (if the site plan shows frontage along a state highway), the Traffic Commission, the Architectural Board of Review, the Conservation Advisory Commission and any other local, state, county, regional and federal agencies having jurisdiction. Without limiting the generality of the foregoing, referral shall be made to the Parks and Trees Committee.
E.
Action by Planning Commission.
(1)
Within 60 days of the closing of the public hearing, the Planning Commission shall act to either approve, disapprove or approve with conditions the site plan application and shall specify what conditions, if any, are necessary.
(2)
If the Planning Commission fails to act within 60 days from the closing of the public hearing or an extension mutually agreed to by the Commission and the applicant, the application shall be deemed to be approved.
(3)
Planning Commission disapproval shall include written findings.
(4)
Approval of amendments to an approved site plan shall be acted upon in the same manner as the application for approval of the original site plan.
F.
Reports from other commissions, boards, departments or agencies. Any other commission, board, department or agency of the Village which shall have been furnished with a copy of a site plan application pursuant to Subsection D above shall, if it wishes to do so, file a written report to the Planning Commission containing its recommendations on the site plan application, within 30 days of the public hearing. The Planning Commission shall carefully review and consider any such report and recommendation in making its decision.
§ 381-68-H Waiver of submission requirements.
Upon finding by the Planning Commission that, due to the particular character or limited nature of a development or change in use or to special conditions peculiar to a site, the submission of a final site plan, or of certain portions of the information normally required as part of the site development plan, is inappropriate or unnecessary or that strict compliance with said submission requirements will cause extraordinary and unnecessary hardship, the Planning Commission may waive such submission requirements wherever, in the opinion of the Commission, such waiver will be consistent with the goal of promoting the public health, safety, comfort, convenience and general welfare of the community. The findings for granting such waiver shall become a part of the public record.
§ 381-68-I Filing of approved site plan.
The Planning Commission shall notify and submit a signed copy of the approved site plan to the Building Inspector, signed and dated by the Chairman or Acting Chairman of the Planning Commission.
§ 381-68-J Application fee.
[Amended 5-21-1984 by L.L. No. 1-1984]
An application fee as fixed by the Village Board from time to time shall be required at a time the site plan application is submitted.
§ 381-68-K Performance guaranty.
No certificate of occupancy shall be issued until all improvements shown on the site plan are installed or a sufficient performance guaranty has been posted for improvements not yet completed. The sufficiency of such performance guaranty shall be determined by the Planning Commission after consultation with any person or agency necessary.
§ 381-68-L Inspection of improvements.
The Building Inspector shall be responsible for the overall inspection of site improvements, including coordination with other officials and agencies, as appropriate.
§ 381-68-M Conflicting legislation; greater restrictions.
§ 381-68-N Work in anticipation of a site plan application; trees; penalties for tree removal.
[Added 10-17-1988 by L.L. No. 5-1988; 11-21-2016 by L.L. No. 10-2016]
A. LANDSCAPE PLAN MATURE TREE
Defintions. For the purposes of this § 381-68-N:
A plan prepared by and bearing the seal of a landscape architect; provided, however, in an appropriate case, the Planning Board may permit the Landscape Plan to be prepared by an arborist or other qualified professional. If applicants wish to have the landscape plan prepared by a party other than a registered landscape architect, this topic should be discussed with the Planning Board at the pre-submission conference. The landscape plan shall show the proposed landscaping for the project. Without limiting the generality of the foregoing, the landscape plan shall provide the specific details regarding removal and planting of trees as is provided below. It shall be within the authority of the Planning Board to approve, disapprove or require modifications to the landscape plan. The purpose of this § 381-68-N is to provide for and encourage the preservation and maintenance of trees for their benefits, which include, but are not limited to, soil stabilization, drainage control, oxygen production, shade, and aesthetic appeal.
Any deciduous tree with a trunk measurement of eight inches or greater in diameter at fifty four inches above the ground on the uphill side; or any evergreen tree with a height of 15 feet or more above the ground on the uphill side.
B.
Prohibition on site work.
(1)
No site work in anticipation of site plan approval may be performed until such site plan approval is obtained. Without limiting the generality of the foregoing, no filling, excavating, removal of any topsoil, gravel, dirt, sand, shrubs, trees or any other such material for the purpose of erecting a building or structure or otherwise for the purpose of construction may be carried out anywhere on the subject property until site plan approval, if required for the proposed construction, is first obtained for the proposed construction.
(2)
If the prohibition set forth in Subsection B(1) above is violated, no site plan application will be processed until the violation is remediated in accordance with a remediation plan approved by the Planning Board. The Planning Board may require, among other things, that such remediation plan provide for the replacement in kind of any trees, shrubs, or other material which has been removed in violation of this section. Additional penalties as provided for in Subsection D below shall also apply.
C.
Landscape plan; preservation of mature trees and other vegetation.
(1)
Each application for site plan approval shall include a landscape plan which must show, unless otherwise determined by the Planning Board, i) all existing mature trees on the entire property which is the subject of the site plan application, ii) which mature trees are to be removed or destroyed, specifying their types and sizes, and iii) the reasons they are being removed and/or destroyed. The Planning Board shall have the authority to require new trees to be planted and, with input from the Parks and Trees Committee, to specify their location and type, and to require replacement of existing trees in kind or with such trees of such type as the Planning Board (with input from Parks and Trees) determines are appropriate in the circumstances.
(2)
The applicant shall design the development plan in such a manner as to minimize the number of mature trees to be removed or destroyed in order to accommodate the development. Where feasible, the Planning Board may require proposed improvements to be relocated or removed in order to preserve mature trees. It will not be deemed feasible to require such relocation or removal where doing so would substantially interfere with a permitted use.
(3)
On sites in the Village's R, W and MF Zoning Districts which are devoid of mature trees or sparsely populated with such trees, the Planning Board may require the installation of supplemental trees. A baseline design standard for such supplementation shall be that the trees have a diameter of at least three inches and that there will be an overall density of one tree for 3,000 square feet of land area or fraction thereof.
(4)
In addition to the requirements for mature trees, the Planning Board shall also have the authority to require the preservation or enhancement of other vegetation on the site. The reasons for requiring such preservation or enhancement may include, but shall not be limited to, aesthetic value due to species or location or that removal of existing vegetation would excessively alter drainage or affect the stability of slopes.
(5)
The construction management plan for the project shall include the methods that will be employed to protect existing trees and other vegetation on the site during construction. The Planning Board shall have the authority to approve, disapprove or require the modification of such construction management plan.
(6)
Trees which have been designated for preservation, including supplemental trees, shall be deemed to be required site improvements, and their preservation and replacement, as necessary, including the replacement of trees damaged during construction, shall remain the responsibility of the applicant and subsequent property owners. In addition to any other bonding required by the Planning Board in connection with the site plan approval, the Planning Board shall require a bond, letter of credit or cash deposit, calculated to provide sufficient funds for the replacement of trees to be preserved or supplemental trees which may be damaged during construction. Such bonding shall be for a period of at least one year after all improvements in connection with the site plan have been completed. Prior to release of the bond or other security, the trees shall be inspected to insure that they have not been damaged and that future growth will be characteristic of the species.
(7)
The requirements herein for tree preservation shall not apply to lots for existing houses in a new subdivision, provided that such lots and houses will not be altered to accommodate development of the subdivision. However, this provision shall not relieve the subdivider and site plan applicant of the responsibility to include in the tree preservation plan for the subdivision/site plan any mature tree located within 50 feet of a new lot or required subdivision improvement. When lots for existing houses have been excluded from the tree preservation plan, the landscape architect shall set forth on the plan which lots have been excluded and shall certify that the plan does include all mature trees located within 50 feet of a new lot or other subdivision improvement and that surrounding development will not substantially alter the environment of the trees on such lot.
D.
Violations; penalties. It shall be a violation of law for any person or entity to remove, damage or fail to preserve any tree or vegetation which they were not permitted to remove or damage, or which they were required to preserve, pursuant to the terms of this § 381-68-N of the Code of the Village of Larchmont.
(1)
In addition to any other penalties provided for violation of this site plan law or failure to adhere to the details of an approved site plan, any person violating any of the provisions of this § 381-68-N of the Code of the Village of Larchmont shall be guilty of a violation (i.e., not a misdemeanor or felony) punishable by a fine of up to $500. Each day a violation continues shall constitute a separate offense; and
(2)
No building, demolition or excavation permit may be issued, and if previously issued shall be revoked, nor shall any certificate of occupancy be issued until such violation is cured in accordance with Subsection D(3) below; and
(3)
Any person or entity who removes, damages, destroys or fails to preserve any tree or other vegetation in accordance with this § 381-68-N shall replace, in kind, each and every tree and other vegetation which has been removed, damaged or destroyed. If such a tree was so large and mature that it cannot reasonably be replaced, the Building Inspector, upon advice of the Village Arborist, may require the planting of multiple trees. If multiple trees cannot be planted on the site of the violation, other available spaces on public property may be used to accommodate the balance of the required planting.