Lewisboro City Zoning Code
ARTICLE VI
Site Development Plan Approval
§ 220-44 Approval required.
[Amended 2-23-1993 by L.L. No. 5-1993; 11-9-2020 by L.L. No. 9-2020; 4-28-2025 by L.L. No. 6-2025]
A.
On lots located in nonresidential districts, contain nonresidential uses, or located in the R-MF district, no building permit shall be issued, no structure or use shall be established, no use shall be changed to another use and, no existing grades shall be altered nor site coverage changed without prior conformity with the site development plan approval procedures set forth in this article. All construction of single-family, two- family, or multi-family dwelling units that are part of a proposed subdivision shall require individual site development plan approval.
B.
The continued validity of a certificate of occupancy shall be subject to continued conformance with an approved site development plan and conditions of approval.
C.
Revisions of approved site development plans shall be subject to the same approval procedures.
D.
The following structures and uses are excluded from the requirements of this article:
(1)
One one-family dwelling not part of a proposed subdivision.
(2)
One two-family dwelling not part of a proposed subdivision.
(3)
A special permit use approved in accordance with the procedure specified in § 220-32, except when the review and approval of a site development plan is required by the approving Town agency.
(4)
An improvement or change of a nonconforming use or structure approved in accordance with the procedure specified in § 220-9E.
(5)
Signs, in accordance with Chapter 185, Signs, and when it is the only improvement or where it replaces an existing sign.
(6)
Decks, Tier 1 solar energy system, utility equipment pads and similar ancillary improvements in already approved site plans in R-MF zoning district at the discretion of the building inspector.
E.
No permit, approval or conditional approval shall be issued pursuant to this chapter if there is an outstanding violation or unpaid fine with regard to the property that is the subject of such application. Notwithstanding the above, a conditional approval may be issued to specifically address an outstanding violation or to address an immediate hazardous condition in the interest of the health, safety and welfare of the community. In the case of unpaid fines, no application shall be processed until such fine is paid.
§ 220-45 Sketch plan review by Planning Board.
§ 220-46 Application.
[Amended 11-27-1990; 4-28-2025 by L.L. No. 6-2025]
Following completion of sketch plan review, an application for site development plan approval shall be submitted in accordance with the procedures specified in Chapter 195, Subdivision of Land, § 195-15, Preparation and review of preliminary plat and construction plans, subject to the following exceptions:
A.
The site development plan application and fee shall substitute for the preliminary subdivision application and fee. The fee shall be in an amount set forth in a fee schedule established by resolution of the Town Board. The approving agency may require the establishment of an escrow account deposit in accordance with § 220-77C to reimburse the Town for the costs of professional review fees charged in connection with the review of the application. If the approving agency shall not deem it necessary to establish an escrow account, the applicant shall still be responsible for reimbursing the Town for charges incurred for professional review services in accordance with § 220-77B.
B.
In place of a preliminary plat, the applicant shall submit the required number of prints and/or electronic portable document file (PDF) version as determined by the Planning Board Administrator. All plans and technical reports shall be signed and sealed by the design professional.
C.
The Planning Board may require the submission of any other pertinent information as may be necessary to determine and to provide for the proper enforcement of this chapter.
D.
The Planning Board shall review the application so as to take into account the standards set forth in § 220-48.
E.
Waiver of Public Hearing; Timing of Public Hearing. The Planning Board may waive the requirement for a public hearing if it determines that the scale of the improvements or the record of prior reviews and public hearings on development and use of the site does not warrant a public hearing. Within 62 days of the close of the public hearing, or within 62 days of the receipt date specified in Chapter 195, Subdivision of Land, § 195-15D, when a public hearing is not held, the Planning Board shall act by resolution to approve, disapprove or approve with modifications the site development plan application. The Planning Board shall set forth in detail any modifications to which the approval is subject or the reasons for disapproval. This timeframe may be extended by mutual written consent of the applicant and the Planning Board.
F.
Procedure for Public Hearing. For any public hearing under this section, the Planning Board shall follow procedures as prescribed by Article 16, § 274-a, of the Town Law. The Planning Board shall mail notice of said hearing to the applicant at least 10 days before said hearing. The applicant shall give public notice of said hearing in the Town's official a newspaper at least five days prior to the date thereof. The Planning Board shall make a decision on the application within 62 days after such hearing, or after the day the complete application is received if no hearing has been held. The time within which the authorized board must render its decision may be extended by mutual consent of the applicant and such board. Nothing herein shall preclude the holding of a public hearing on any matter on which a public hearing is not so required.
G.
Referral. Prior to final action, the Planning Board shall, when so required, refer any matter involving any of the areas specified in Article XIII, § 270-59D, and §§ 277.61 and 277.71 of the Westchester County Administrative Code, and §§ 239-1, 239-m and 239-n of the New York State General Municipal Law to the Westchester County Planning Board.
H.
The Planning Board may require that, prior to commencement of any public work improvements under any permit issued pursuant to this chapter, the applicant or permittee shall file such performance security with the Town of Lewisboro, by way of a surety bond, letter of credit or monetary deposit, in a form and amount sufficient to secure the satisfactory completion of the public work improvements. The form and amount of performance security for public work improvements shall be deemed acceptable by the Planning Board and approved by the Town Board.
(1)
The amount and conditions of the performance security shall be consistent with the purposes of this chapter. The performance security shall remain in effect until the Planning Board, or a Town official or consultant designated by the Planning Board, certifies that the work has been completed in compliance with the terms and conditions of the site plan approval. Once such certification is issued, the Town Board shall authorize release of the performance security.
(2)
In the event of a breach of any condition of any bond, letter of credit or terms accompanying a monetary deposit, the Town of Lewisboro, upon authorization of the Town Board, may pursue any remedies afforded under the terms of the performance security provided, including, without limitation, the institution of a legal action. Once performance security is posted, a substitute form of security may only be provided as approved by the Town Board.
(3)
The Planning Board may require that the applicant or permittee file performance security with the Town of Lewisboro, by way of a surety bond, letter of credit or monetary deposit, in a form and amount sufficient to secure satisfactory completion of the public work improvements. The form and amount of this performance security shall be deemed acceptable by the Planning Board, or a Town official or consultant designated by the Planning Board. The performance security shall remain in effect until the Planning Board, or a Town official or consultant designated by the Planning Board, certifies that the work is complete. Once such certification is issued, the Planning Board shall authorize release of the performance security. In the event of a breach of any condition of any bond, letter of credit or terms accompanying a monetary deposit, the Town of Lewisboro, upon authorization of the Town Board, may pursue any remedies afforded under the terms of the performance security provided, including, without limitation, the institution of a legal action.
I.
The decision of the Planning Board shall be filed in the office of the Town Clerk within five business days after such decision is rendered and a copy shall be mailed or electronically delivered to the applicant.
§ 220-46.1 Site plan requirements for riding academies.
[Added 11-7-2013 by L.L. No. 10-2013; 4-28-2025 by L.L. No. 6-2025]
In order to be eligible for any waivers of the site plan review process as set forth in this Article VI, riding academies shall provide adequate documentation of the following in a form acceptable to the Planning Board, unless the Planning Board determines that any of the following requirements would be unreasonably restrictive as applied to a particular agricultural operation.
A.
Location. The location of the use shall have safe and adequate access as determined by the Planning Board.
B.
Coverage. Building coverage, including accessory buildings, shall not exceed 20% of the lot area, nor shall the sum total of the site coverage, exceed 50% of the lot area, within any residence district.
C.
Setbacks. All new buildings shall be set back from adjoining properties in residence districts and street lines directly opposite properties in residence districts a distance equal to at least twice the normally applicable front yard setback requirement for detached one-family dwellings in the zoning district in which they are located, but in no case less than 50 feet. Off-street parking areas shall not be permitted within 20 feet of any adjoining property in a residence district.
D.
Buffer area. A landscaped buffer area for agricultural structures, meeting at least the minimum requirements of § 220-15 of this chapter, shall be required along all lot lines adjoining properties in residence districts, except where determined by the approving agency that a lesser width or no buffer will meet the purpose of this requirement.
E.
Parking. Reasonable and appropriate off-street parking requirements as shall be determined by the approving agency upon consideration of all factors entering into the parking needs of each such use.
F.
Horse management plan. A horse management plan must be submitted to and approved by the Planning Board. The horse management plan must be shown on the site plan, to be prepared by the applicant or by a professional, as the Planning Board deems appropriate. The horse management plan must include provisions for the storage, disposal or removal of manure and other wastes, provisions for the feeding and exercise of the horses and provisions for the protection of adjacent properties and delineate the areas on the property which will be actually utilized by the horses. A horse management plan compliant with the provisions of this section shall be considered to meet the requirements of a site plan as described in Article VI. The horse management plan shall include the following:
(1)
The method for the storage and disposal of manure, soiled bedding and other materials that could potentially negatively affect air quality and surface water and groundwater quality must be specified. The storage of such materials must be in compliance with applicable Westchester County and New York State requirements. Barnyards and animal pens may not be located within 100 feet of a water well. Any storage and disposal of manure and soiled bedding located within 100 feet of a street or property line, or within a watercourse, wetlands, or wetlands buffer area, must be identified and mitigation of potential impacts described.
(2)
Provisions must be made for the storage of feed and bedding. All processed feed must be stored in rodentproof containers.
(3)
A description of any proposed stables, storage buildings, grooms' quarters and other facilities must be provided, including provisions for fire safety.
(4)
Areas where existing vegetation will be cleared for grazing and/or exercising must be identified, including provisions for the upkeep and maintenance of those areas. If riding trails are included as part of the facility, provision must be made for the upkeep and maintenance of such trails.
(5)
All New York State and federal, as identified on the National Wetlands Inventory Maps, and local wetlands must be designated (which may be through the use of GPS and/or a second source to be confirmed by the Town's consultants, as long as such method is deemed to be sufficient in each case to adequately identify the wetlands) and measures identified to prevent animal waste from contaminating groundwater or surface waters. An applicant shall not be required to designate local wetlands if such designation would be unreasonably restrictive as applied to a particular agricultural operation.
(6)
If the horses are to leave the property other than by vehicle, there must be a description of the proposed use of horse trails and roadways.
G.
Number of horses. The number of horses permitted will be one horse for the first two acres and one horse for each additional acre if the landowner is dependent upon pasture to provide most of the sustenance required by such animals. As provided in New York State Agriculture and Markets Law § 301(13) and 301(17), commercial horse boarding and commercial equine must have, at a minimum, seven acres of land area and 10 horses, regardless of ownership. The horse management plan will specify the maximum number of horses allowed on the farm operation.
H.
Sound systems. The use of outdoor public-address systems may be permitted for horse farms, academies or stables, provided that no more sounds shall carry beyond the limits of the site than would be inherent in the ordinary residential use of the property.
§ 220-47 Waiver of application procedures.
[Amended 1-18-2000 by L.L. No. 1-2000; 7-29-2013 by L.L. No. 7-2013; 4-28-2025 by L.L. No. 6-2025]
A.
Applicability. A property owner may apply to the Planning Board for a waiver of the site development plan application procedures specified in §§ 220-45 and 220-46 when the proposal is for one of the following activities:
(1)
A change from one use to another use.
(2)
Revision of an approved site development plan which does not materially affect the previously approved plan as determined by the Planning Board.
(3)
Improvement to a structure or lot that will not have any effect on the compliance of the lot or use with any provision of this chapter and does not require physical site work subject to Planning Board review.
(4)
An agricultural use on a property located within a county-adopted, state- certified agricultural district. However, the Planning Board may not waive the requirement of the submission of an agricultural data statement as required by § 305-a of the Agriculture and Markets Law of the State of New York.
B.
Procedure. A property owner or tenant, with the consent of the property owner, seeking a waiver of the application procedures under the provisions of this article shall submit paper and digital copies of the site development plans and application materials, the quantity of which shall be as determined by the Planning Board Administrator; all plans and technical reports shall be signed and sealed by the design professional. The description must include a statement of how the proposed action falls within the specific standards of § 220-47. Annotated site plans, maps, sketches and drawings may be required by the Planning Board in addition to the written description to further describe the proposed action.
C.
Planning Board action.
(1)
The Planning Board shall act on a request for a waiver within 45 days of receipt of the required plans. In the case of an application for a waiver involving an agricultural use on a property located within a county-adopted, state-certified agricultural district, the Planning Board shall act on a request for a waiver at the meeting next succeeding the submission of such application for a waiver, as long as the application for a waiver is submitted to the Planning Board at least two weeks prior to the Planning Board meeting. If the waiver is not approved, the Board shall specify the reasons for denial.
(2)
In approving a waiver of the application procedures, the Planning Board shall first make determinations that the proposed action will not have any effect on the compliance of the lot or use with any provision of this chapter and that the proposed action will not require physical site work subject to Planning Board review. The purpose of such determinations is to ensure that the approved site development plan remains in effect, all site development standards of this chapter will continue to be met and no site work will adversely impact the health, safety and welfare of the public.
D.
Fees. The application fee shall be in an amount set forth in a fee schedule established by resolution of the Town Board. The approving agency may require the establishment of an escrow account deposit in accordance with § 220-77C to reimburse the Town for the costs of professional review fees charged in connection with the review of the application. If the approving agency shall not deem it necessary to establish an escrow account, the applicant shall still be responsible for reimbursing the Town for charges incurred for professional review services in accordance with § 220-77B.
§ 220-48 Site plan standards.
[Amended 4-28-2025 by L.L. No. 6-2025]
A.
In acting on site development plan applications, the Planning Board shall take into consideration the purposes of this chapter; the goals, policies and recommendations of the Town of Lewisboro Comprehensive Plan; the health, safety and welfare of the public in general and of the residents, employees, visitors or guests of the proposed development; and the aesthetic impact on the neighborhood. The Planning Board may require such modifications, conditions and safeguards so as to bring the proposed development into compliance with intent of these regulations.
B.
The Planning Board shall specifically take into account the following:
(1)
The proposed number, size, location, height, bulk, use, appearance and architectural features of all structures and facilities.
(a)
The overall building and site design shall enhance and protect the character and property values in the surrounding neighborhood.
(b)
Development shall be compatible with the architectural style and visual composition of the hamlet area in which it is located.
(c)
Development shall have a harmonious relationship with the natural terrain, habitats, and vegetation on the site and on adjacent properties.
(d)
Development shall include energy efficient materials and elements as practicable as possible.
(2)
The safety, capacity, appearance and convenience of vehicular and pedestrian traffic ways, parking and loading areas, access drives and areas related thereto.
(b)
Adequate fire lanes and emergency zones shall be provided along with suitable legal agreements for enforcement.
(c)
The direction of traffic movements may be defined and restricted, with appropriate signage, based upon consideration of site characteristics and site access.
(d)
The Planning Board may require proposed structures to be set back a minimum distance, not to exceed 55 feet, from the center line of access drives located completely within a development site.
(e)
Interconnection of parking lots via access drives within and between lots shall be identified and required in order to provide maximum traffic efficiency, to restrict to a minimum the number of curb cuts on public streets, to enhance the development of the hamlet and to establish the safest and most convenient traffic circulation patterns.
(3)
The protection of environmental quality.
(a)
Buffer areas, plantings, open spaces, walls or fences shall be provided as determined appropriate by the Planning Board and in accordance with other requirements of this chapter so as to ensure harmony with adjacent development and land, to screen parking areas and to conceal storage and utility areas.
(b)
Adequate storm- and surface water drainage facilities shall be provided so as to properly drain the site and minimize downstream flooding.
(c)
Exterior lighting and accessory facilities (e.g., mechanical, electrical, air-conditioning systems, and generators) shall not establish a nuisance for surrounding properties or the public in general.
(d)
Solar access shall be considered, including orientation of proposed buildings to sun angles, shading and windscreen potential of vegetation and relationship to solar access for adjacent uses and properties.
(e)
Hours of operation shall be considered in the context of nearby existing and permitted uses, existing traffic conditions and characteristics of the proposed use while in operation. Hours of operation may be restricted for the purpose of preventing nuisances.
(f)
Outdoor storage or display of articles, materials or equipment shall be identified and considered in the context of the proposed use and nearby existing and permitted uses. Notwithstanding the limits of § 220-24, the Planning Board may find as part of site development plan approval that certain outdoor displays, specifically identified by the Planning Board, do not require any screening and may be conducted as part of the permitted use.
(g)
Provision for current or future sidewalk areas should be considered as appropriate for the site and its context. All sidewalks must adhere to the requirements of Chapter § 191, Streets and Sidewalks.
C.
Site plan submission requirements; site plan elements. When so required by § 220-44A, a site development plan shall comply with the following minimum requirements:
(1)
Submission requirements.
(a)
Completed Planning Board application form signed by all applicable parties;
(b)
A Short Environmental Assessment Form (EAF), unless otherwise instructed by the Town;
(c)
Most recent real property deed;
(d)
Updated survey reflecting:
[1]
Property boundaries,
[2]
Existing site conditions and physical features,
[3]
Topography (two-foot contours), and
[4]
Tree information, including, size (diameter at breast height), species of tree(s) and conditions of all trees six-inches or more in diameter at breast height within the limits of the proposed land disturbance and for an additional 25 feet beyond such disturbance.
(e)
Copies of previously approved site plans and previous Planning Board approval resolutions;
(f)
Identification of zoning variance (previously granted or required/proposed);
(g)
Floor plans of the existing and proposed conditions, as prepared by a New York State licensed architect or engineer; and
(h)
Architectural elevations prepared by a New York State licensed architect or engineer.
(2)
General information and existing conditions.
(a)
Location of project by street address;
(b)
Section, block, and lot numbers of the property taken from the latest tax records along with a copy of the most recent property card on file with the Assessor's office;
(c)
A location map identifying the location of the subject property in context to the surrounding area;
(d)
Name and mailing address of the owner of record and the applicant, if different;
(e)
Name and mailing address of the person, firm, or organization preparing the plan;
(f)
Date of the plan preparation/revision - provide common revision dates on each sheet;
(g)
North arrow; scale bar. Unless otherwise approved, plans shall be prepared as a scale of 1 inch = 30 feet;
(h)
Zoning district boundary lines;
(i)
Zoning setback lines and dimensions;
(j)
Dimension between buildings/structures and the closest property line(s);
(k)
Landscape buffer setback lines and dimensions, if applicable;
(l)
Ownership information for all adjacent parcels taken from the latest assessment roll;
(m)
The location, width and purpose of all existing and proposed easements, covenants, reservations and areas dedicated to public use within or adjacent to the property;
(n)
Existing topography as illustrated by use of contour lines with intervals of two feet or less, referred to a datum satisfactory to the Town Engineer;
(o)
Adjacent structures and uses within 50 feet of the subject property;
(p)
The location, names and existing widths of adjacent streets, including curbs;
(q)
The location and limits of all existing improvements including buildings, structures, paved areas, gravel areas, vehicular and pedestrian access, driveways, parking stalls, loading areas, sidewalks, exterior lighting, walls, fencing, and landscaping on and adjacent to the subject property; and
(r)
Locations, dimensions, grades and flow directions of existing sewers, drainage features, culverts, and waterlines, as well as other underground and aboveground utilities within and adjacent to the subject property.
(3)
Demolitions and removals. The plans shall clearly identify any existing improvements, structures, and/or trees which are proposed to be removed, including utilities.
(4)
Environmental features.
(a)
The boundaries of wetlands and watercourses as regulated under Chapter 217, including the regulated wetland buffer area.
(b)
Illustration (by shading) of all regulated steep slopes, by steep slope category; see Chapter 187A.
(c)
The location and extent of wooded areas, rock outcrops and other significant environmental features.
(d)
The location, boundary and elevation of any FEMA Flood Hazard Areas, if applicable.
(5)
Proposed development.
(a)
Bulk zoning table comparing the existing and proposed conditions to the requirements of the underlying zoning district(s).
(b)
Average grade calculation to determine proposed building height, if applicable.
(c)
Off-street parking calculations comparing the existing and proposed conditions to the off-street requirements.
(d)
Limits of land disturbance line with area calculation (square feet).
(e)
The location and limits of all proposed improvements including buildings, structures, paved areas, vehicular and pedestrian access, driveways, parking stalls, loading areas, sidewalks, exterior lighting, walls, fencing, and landscaping on and adjacent to the subject property. Profiles and cross-sections shall be provided, as necessary.
(f)
Locations, dimensions, grades and flow directions of all proposed utilities including sanitary and storm sewers, drainage features, culverts, and waterlines, as well as other underground and aboveground utilities within and adjacent to the subject property. Profiles and cross-sections shall be provided, as necessary.
(g)
Construction details, profiles and sections, as determined necessary.
(h)
Grading plan, indicating how proposed new grades will meet existing grades.
(i)
Location and cross-section of any new wall.
(j)
The location and plans for any proposed signage.
(k)
Landscaping plan, including location, size, species type, and quantity of proposed plant material, prepared by a New York State registered landscape architect.
(m)
The location, limits and description of any proposed easements or covenants.
(n)
Any contemplated public improvements on adjoining properties.
(6)
Any additional information required under the Town Code or as determined necessary by the Planning Board, Building Inspector, or by the Planning Board's consultants.
§ 220-49 Initiation of work.
[Amended 4-28-2025 by L.L. No. 6-2025]
No proposed improvements or changes of use may be implemented and no building permit or certificate of occupancy may be issued until after Planning Board approval for said improvements or change of use is granted by resolution and the required site development plans, revised or modified in accordance with said resolution, have been signed by the Planning Board Chair, except as may be otherwise specifically provided for in the resolution of approval.
§ 220-50 Expiration.
[Amended 3-9-2020 by L.L. No. 3-2020; 4-28-2025 by L.L. No. 6-2025]
A.
Conditional approval of a site development plan shall expire unless such conditions have been met, and a revised plan has been submitted for signature by the Planning Board Chair within six months of the date of adoption of the resolution of conditional approval.
B.
Approval of a site development plan, defined as the signing of the plan by the Planning Board Chair, shall expire unless a building permit or certificate of occupancy is applied for within two years of the date of the signing or if all required improvements are not completed within three years of approval or if the construction or use shall cease for more than one year. The staging of a development over a longer period may be specifically provided for by the Planning Board by resolution.
C.
The Planning Board may extend for periods of one year each conditional approval and approval of a site development plan if, in its opinion, such extension is warranted by the particular circumstances, including, but not limited to, the pendency of litigation regarding the conditional approval or approval of a site development plan.
§ 220-51 Installation of improvements.
[Amended 4-28-2025 by L.L. No. 6-2025]
All work shall be done in accordance with the Town of Lewisboro land development regulations.[1] It shall be the responsibility of the property owner or applicant to follow the specifications and procedures of said regulations and to make all required notifications.
§ 220-52 Certificates of occupancy.
[Amended 4-28-2025 by L.L. No. 6-2025]
No certificate of occupancy for a structure or use subject to the site development plan approval procedures of this article shall be issued until:
A.
All requirements of such approval and any conditions attached thereto have been met to the satisfaction of the Planning Board.
B.
Evidence of final approvals, from all other involved agencies, have been filed with the Planning Board, including but not limited to the New York State Department of Transportation and the Westchester County Department of Health.
C.
Certification is made by the Planning Board or its designated agent that the site development work has been completed in accordance with the approved plans, specifications and applicable regulations. In lieu of full completion of improvements, the Planning Board may allow the issuance of a certificate of occupancy by requiring the posting of financial surety in accordance with the requirements of § 220-46H above. Only uncompleted work which is determined by the Board as not detrimental to the public safety and welfare may be included and all such work must be completed within a period not to exceed one year.
D.
An as-built plan, prepared and certified by a licensed engineer or surveyor, is submitted to the Planning Board. Said plan shall be based on a field survey and show the location of all site improvements as constructed. The as-built plan shall be reviewed by the Planning Board, or its designated agent, and be found to be in compliance with the approved site development plan. An as-built plan found not to be in compliance shall be subject to review and approval in accordance with the same procedures required for the initial application.