Mount Kisco City Zoning Code
ARTICLE IX
Planning Board
§ 110-45 Site plan approval.
[Amended 2-2-1988 by L.L. No. 1-1988; 10-17-1988 by L.L. No. 4-1988; 5-22-1989 by L.L. No. 5-1989; 6-4-1990 by L.L. No. 7-1990; 11-19-1990 by L.L. No. 12-1990; 8-3-1992 by L.L. No. 4-1992; 9-20-1993 by L.L. No. 8-1993; 5-21-2001 by L.L. No. 9-2001; 4-21-2003 by L.L. No. 2-2003]
A.
General requirements.
(1)
Site plan approval shall be required for all uses other than one-family residences and the buildings accessory thereto.
[Amended 4-7-2014 by L.L. No. 2-2014]
(2)
The foregoing notwithstanding, no site plan shall be required and it shall not be a violation of any approved site plan to engage in the temporary outdoor storage or sale of Christmas trees and related holiday decorations, provided that a license therefor has been obtained pursuant to Chapter 53, Christmas Tree Sales, of this Code and such sale or storage is conducted in accordance with the terms of such license; or to operate a sidewalk cafe or outdoor dining area, as those terms are defined in § 93-4D of this Code, provided that a permit therefor has been obtained pursuant to § 93-4D of this Code and such sidewalk cafe or outdoor dining area is operated in accordance with the terms of such permit.
(3)
No building permit or change of use permit shall be issued for any building or use subject to this section until an approved site plan or amendment of any such plan has been secured by the applicant and presented to the Building Inspector. No certificate of occupancy may be issued for any building or use of land subject to this section unless the building is constructed or used or the land is developed or used in conformity with an approved site plan or an amendment of any such plan.
B.
Objectives. In considering and acting upon site plans, the Planning Board shall take into consideration the public health, safety and welfare and the comfort and convenience of the public in general and of the residents of the proposed development, if any, and of the immediate area in particular and may prescribe such appropriate conditions and safeguards as may be required in order that the result of its action shall, to the extent possible, further the expressed purposes of this chapter and the accomplishment of the following objectives in particular:
(1)
Pedestrian and vehicular access and safety: that all proposed accessways are adequate but not excessive in number, adequate in width, grade, alignment and visibility and not located too near to street corners or other places of public assembly; and other similar safety considerations.
(2)
Circulation and parking: that adequate off-street parking and loading spaces are provided to prevent parking in public streets of vehicles of any persons connected with or visiting the use and that the interior circulation system is adequate to provide safe accessibility to all required off-street parking lots.
(3)
Landscaping and screening: that all areas where landscaping is required are reasonably screened at all seasons of the year, particularly from the view of adjacent residential lots and streets.
(4)
Drainage and utilities: that all facilities for water, sanitary and storm sewer and other utility services are adequately designed and that the site drainage system affords the best practical solution to on- and off-site drainage problems.
(5)
Character and appearance: that the site layout of the proposed use, buildings, structures, freestanding signs and lighting shall be in general harmony with the character and appearance of the surrounding area and that of the Village as a whole.
(6)
Environmental preservation: that the proposed development or use is designed so as to minimize any adverse environmental effects; that all water bodies, wetlands, steep slopes, hilltops, ridgelines, major stands of trees, significant geological features and other areas of scenic or ecological value are preserved to the extent possible; that soil erosion is prevented to the extent possible; and that flood hazards are minimized.
(7)
Fire protection: that all proposed structures, equipment and materials and the design of all sites are readily accessible for fire protection.
(8)
Master Plan: that the proposed site plan is in general conformance with the applicable provisions of the Master Plan of the Village of Mount Kisco, as may be in existence from time to time.
(9)
Illumination: that the proposed development or use is designed so as to prevent misdirected or excessive artificial light, caused by inappropriate or misaligned light fixtures that produce glare, light trespass, and/or unnecessary sky glow, to discourage the waste of electricity, and to improve or maintain nighttime public safety, utility and security.
C.
Procedure. The Planning Board shall approve or disapprove site plans in accordance with the following procedure:
(1)
Prior to the submission of a formal site plan application, the applicant shall request the Planning Board to conduct a conceptual review of the proposed site plan. The request for such review shall be accompanied by the fee therefor set forth in Chapter A112 of this Code. The purpose of the conceptual review shall be to discuss the proposed site plan and the procedures and requirements of this section so that the necessary subsequent steps may be taken with a clear understanding of the Planning Board requirements in matters relating to the development of the site.
(2)
Within six months following the presubmission conference and at least 15 days prior to the Planning Board meeting at which the plan is initially submitted to the Planning Board for review, 10 copies of the site plan and any related information, including a letter of application, shall be submitted to the Building Inspector. The fifteen-day requirement may be reduced to a minimum of 10 days at the discretion of the Planning Board, provided that said Board finds that such reduction will not preclude a thorough review of the site plan by appropriate Village officials prior to its presentation at the Planning Board meeting at which approval is requested. Subsequent submissions, data and material as deemed necessary and so requested by the Planning Board shall be submitted to the Building Inspector at least seven days prior to the meeting during which such data or material will be reviewed, unless specifically waived by the Planning Board.
(3)
Each application for site plan approval, and each application for amendment to a site plan, shall be accompanied by the fee for approval of a site plan set forth in Chapter A112 of this Code, the purpose of which shall be to help defray the administrative costs related to the review of such site plan application. In the case of an application for amendment to a site plan, the Village Manager may waive the fee required herein, in whole or in part, where the proposed amendment is minor in character and will, in the judgment of the Village Manager, require minimal review by the Planning Board and staff.
(4)
The Building Inspector and Village Engineer shall review each proposed site plan or amended site plan for compliance with the Village Code. The Building Inspector shall present the site plan or amended site plan to the Planning Board only after he is satisfied that it does so comply with the Village Code. The application shall be deemed submitted to the Planning Board upon its presentation to the Board by the Building Inspector at a regular meeting. In the event that the Village Code is amended during the pendency of the application in any respect which may apply to the proposed site plan or amended site plan, the Planning Board shall suspend its review of the application and take no action with respect thereto until the Building Inspector has reviewed the site plan or amended site plan for compliance with the Village Code as amended. If the Building Inspector determines that the site plan does not comply with the Village Code as amended, the Building Inspector shall so report to the Planning Board, which shall thereupon deny the application for approval of the site plan or amended site plan.
(5)
When deemed appropriate by the Planning Board, the Fire Department shall be requested to review a site plan for fire access and safety considerations.
(6)
Applications for amendments to an approved site plan shall be made and acted upon in the same manner with the procedure set forth above. The Planning Board may refuse to consider an application for a new site plan or amendment to an approved site plan if the Building Inspector determines that the site is not in compliance with its current approved site plan by reason of the failure of the applicant or property owner to satisfy any of the conditions imposed upon the approval of such site plan.
(7)
Superseding Subdivision 2 of § 7-725 of the Village Law insofar as it imposes a limitation upon the time within which the Planning Board must decide upon an application for site plan approval and anything to the contrary contained therein notwithstanding, the Planning Board shall decide upon an application for approval of a site plan within six months of its submission or any public hearing held thereon, whichever shall be later, and shall not be required to decide sooner.
(8)
In order to ensure that the cost to the Village of any engineering, planning, legal or other expert consultations required in connection with the review of any application for approval of a site plan or amendment to an approved site plan shall be borne by the applicant, the applicant shall, upon the submission of an application pursuant to this section, deposit with the Treasurer of the Village/Town of Mount Kisco a sum in the amount set forth in § A112-110C of this Code; provided, however, that upon a resolution of the Planning Board, adopted by a vote of not less than 2/3 of the membership of such Board, finding that a deposit in a lesser amount will be sufficient to satisfy the anticipated cost of reviewing the application, the applicant may satisfy its obligation under this section to make an initial deposit by depositing such lesser amount. The Planning Board shall not consider any application for which a deposit is required under this section until the Treasurer has certified that the required deposit has been made. The sum deposited shall be held by the Treasurer in a separate trust and agency account for the benefit of the applicant and will be disbursed by the Treasurer for the payment of such engineering, planning, legal or other expert consultations as are required by the Board of Trustees, Planning Board or Village Manager for the review of the application for approval of the site plan or amendment to an approved site plan or other application related thereto, in accordance with the usual requirements of the Village for the payment of bills. In the event that, prior to the completion of the review of the application, the sum deposited is depleted to the amount set forth in Column B of § A112-110C, the applicant shall deposit an additional amount as set forth in Column C of § A112-110C. Review of the application shall be suspended until the applicant makes the additional required deposit. After the final action of the Planning Board with respect to the application and upon payment of all of the fees for the reviews contemplated herein, the balance remaining in the trust and agency account shall be returned to the applicant. The requirements of this section shall be strictly enforced by the Planning Board and the Building Inspector, and no certificate of occupancy shall be granted until all of the fees required to be paid pursuant to this section have been paid.
D.
Site plan elements. The applicant shall submit a site plan signed and sealed by the registered architect or professional engineer responsible for the preparation of said site plan. The site plan shall include those elements hereinafter listed or as indicated by the Planning Board in the presubmission conference. This information, in total, shall constitute the site plan. Unless specifically modified by the Planning Board, the site plan shall be prepared at a scale of one inch equals 30 feet.
(1)
Legal data.
(a)
The section block and lot number of the property, taken from the latest tax records.
(b)
The name and address of the owner of record and applicant if not the same.
(c)
The name and address of the person, firm or organization preparing the plan.
(d)
The date, North arrow and graphic scale.
(e)
Sufficient description or information to define precisely the boundaries of the property. All distances shall be in feet and tenths of a foot. All angles shall be given to the nearest 10 seconds or closer. The error of closure shall not exceed one in 10,000.
(f)
A vicinity map identifying the location of the site in context to the surrounding area.
(g)
The location, names and existing widths of adjacent streets and curblines.
(h)
The locations and owners of all adjoining lands, as shown on the latest tax records.
(i)
The location, width and purpose of all existing and proposed easements, setbacks, reservations and areas dedicated to public use within or adjacent to the property.
(j)
A complete outline of existing deed restrictions or covenants applying to the property.
(k)
Existing zoning district boundaries.
(2)
Natural features.
(a)
Existing contours with intervals of two feet or less, referred to a datum satisfactory to the Village Engineer.
(b)
The location of existing watercourses, wetlands, wooded areas, rock outcrops, areas of slope in excess of 20%, trees with a diameter of eight inches or more, measured three feet above the base of the trunk, and other significant environmental features.
(3)
Existing structures and utilities.
(a)
The location of uses and outlines of structures, drawn to scale, on and within 50 feet of the lot.
(b)
Paved areas, sidewalks and vehicular access between the site and public streets.
(c)
Locations, dimensions, grades and flow directions of existing sewers, culverts and waterlines, as well as other underground and aboveground utilities within and adjacent to the property.
(d)
Other existing development, including fences, landscaping and screening.
(4)
Proposed development.
(a)
The location of proposed buildings or structural improvements.
(b)
The location and design of all uses not requiring structures, including off-street parking and loading areas.
(c)
The location, direction, power and time of use for any proposed outdoor lighting or public-address systems.
(d)
The location and plans for any freestanding signs.
(e)
The location and arrangement of proposed means of pedestrian and vehicular access, including curbs, sidewalks, driveways or other paved areas, and profiles indicating grading and cross sections showing the width of roadways and the location and width of sidewalks and curbs.
(f)
Any proposed screening and other landscaping, including types and locations of proposed street trees, on a landscape plan prepared by a licensed architect or landscape architect.
(g)
The location of all proposed waterlines, valves and hydrants, the location of storm sewers and drainage facilities and the location of all sewer lines and appurtenances or the location of alternate means of water supply and sewage disposal and treatment.
(h)
An outline of any proposed easements, deed restrictions or covenants.
(i)
A quantitative summary of proposed site plan features, to include the gross lot area, net lot area, site development coverage, building coverage and building square footages.
(j)
Any contemplated public improvements on adjoining properties.
(k)
Any proposed new grades, indicating clearly how such grades will meet existing grades.
(5)
If the site plan encompasses a large tract with several principal buildings, the applicant may submit a staging plan for the entire tract, or the Planning Board may require an overall plan for said tract in accordance with existing zoning controls, assuming the first-stage use encompasses the entire tract. Such a plan shall indicate an overall illustrated design for the entire site, plus detailed information for the first stage or stages. The Planning Board shall review the stage presented in accordance with the provisions of this section and also with reference to the overall development planned for the site.
(6)
The submission shall also include a completed site plan application checklist, copies of which are available from the Building Inspector.
(7)
Upon findings of the Planning Board that, due to special conditions peculiar to a site, certain of the information normally required as part of the site plan is inappropriate or unnecessary or that strict compliance with said requirements may cause extraordinary and unnecessary hardships, the Board may vary or waive the provision of such information, provided that such waiver will not have detrimental effects on the public health, safety or general welfare or have the effect of nullifying the intent and purpose of the site plan submission, Official Map, Village Comprehensive Plan or this chapter.
(8)
A stormwater pollution prevention plan consistent with the requirements of Article XIV of this chapter and Chapter 92A shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Article XIV of this chapter. The approved site plan shall be consistent with the provisions of Article XIV of this chapter and Chapter 92A.
[Added 1-7-2008 by L.L. No. 1-2008]
E.
Reservation of parkland on site plans containing residential units.
[Amended 4-29-2019 by L.L. No. 1-2019]
(1)
Before the Planning Board may approve a site plan containing residential units, such site plan shall also show, when required by the Planning Board, a civic space, park or parks, suitably located civic space, playground or other recreational purposes.
(2)
Land for civic space, park, playground or other recreational purposes may be required if the Planning Board has made a finding that a proper case exists for requiring that a civic space, park or parks be suitably located for civic space, playgrounds or other recreational purposes within the Village. For residential units proposed within the Downtown Overlay District, civic spaces shall comply with the standards defined in § 110-27.4H(1). Such findings shall include an evaluation of the present and anticipated future needs for civic space, park and recreational facilities in the village based on projected population growth to which the particular site plan will contribute.
(3)
In the event that the Planning Board makes a finding pursuant to Subsection E, but a suitable civic space, park or parks of adequate size to meet the requirements cannot be properly located on the site plan, the Planning Board may require that a payment, in the amount of $5,000 for each proposed single-family dwelling or $2,500 for each proposed dwelling unit in a two-family or multifamily dwelling, be made into a special Village Recreation Site Acquisition and Improvement Fund in lieu of such land dedication. The Planning Board may reduce such payment if the site plan includes civic space, recreational facilities or land set aside for parkland, even if the recreational facilities or parkland are only for the use of the residents of the planned development.
(4)
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 or money donated in lieu of parkland under the subdivision approval. In the event of resubdivision of the plat, nothing shall preclude the additional reservation of parkland or money donated in lieu of parkland.
§ 110-46 Special permits.
[Amended 8-3-1992 by L.L. No. 4-1992; 12-28-2009 by L.L. No. 7-2009]
A.
Notice and public hearing. The Planning Board shall not decide on any application for a special permit without first holding a public hearing, notice of which hearing, including the substance of the application, shall be given by publication in the official newspaper of the Village at least 15 days before the date of such hearing. In addition to such published notice, the applicant shall cause such notice to be mailed at least 10 days before the hearing to all owners of property which lies within 300 feet of the property for which approval is sought and to such other owners and by such other means of notification as the Planning Board may deem advisable.
B.
In approving special permits, the Planning Board shall take into consideration the public health, safety and welfare and the comfort and convenience of the public in general. The Planning Board may prescribe such appropriate conditions and safeguards as may be required in order that the result of its action shall, to the extent possible, further the expressed intent of this chapter and the accomplishment of the following objectives:
(1)
That the proposed use shall be of such location, size and character that, in general, it will be in harmony with the appropriate and orderly development of the district in which it is proposed to be situated and will not be detrimental to the orderly development of adjacent properties in accordance with the zoning classification of such properties.
(2)
That, in addition to the above, in the case of any use located in or directly adjacent to either a residence district or a district in which residential uses are permitted, the location and size of such use, the nature and intensity of operations involved or those conducted in connection therewith and its site layout and its relation to access streets shall be such that both pedestrian and vehicular traffic to and from the use and the assembly of persons in connection therewith will not be hazardous or inconvenient to or incongruous with the residential uses or conflict with the normal traffic of the neighborhood.
C.
Each application for a special permit shall be accompanied by a proposed plan showing the size and location of the lot and the location of all existing and proposed buildings and facilities, including access drives, parking areas and all streets within 200 feet of the lot.
D.
Each application for a special permit shall be accompanied by a fee as set forth in Chapter A112, Fees, of this Code. In addition thereto, and in order to ensure that the cost to the Village of any engineering, planning, legal or other expert consultations required in connection with the review of any application for a special permit shall be borne by the applicant, the applicant shall, upon the submission of an application pursuant to this section, deposit with the Treasurer of the Village/Town of Mount Kisco a sum in the amount set forth in § A112-110C of this Code; provided, however, that upon a resolution of the Planning Board, adopted by a vote of not less than 2/3 of the membership of such Board, finding that a deposit in a lesser amount will be sufficient to satisfy the anticipated cost of reviewing the application, the applicant may satisfy its obligation under this section to make an initial deposit by depositing such lesser amount. The Planning Board shall not consider any application for which a deposit is required under this section until the Treasurer has certified that the required deposit has been made. The sum deposited shall be held by the Treasurer in a separate trust and agency account for the benefit of the applicant and will be disbursed by the Treasurer for the payment of such engineering, planning, legal or other expert consultations as are required by the Board of Trustees, Planning Board or Village Manager for the review of the application for a special permit or other application related thereto, in accordance with the usual requirements of the Village for the payment of bills. In the event that, prior to the completion of the review of the application, the sum deposited is depleted to the amount set forth in column B of § A112-110C, the applicant shall deposit an additional amount as set forth in column C of § A112-110C. Review of the application shall be suspended until the applicant makes the additional required deposit. After the final action of the Planning Board with respect to the application, and upon payment of all of the fees for the reviews contemplated herein, the balance remaining in the trust and agency account shall be returned to the applicant. The requirements of this section shall be strictly enforced by the Planning Board and the Building Inspector, and no certificate of occupancy shall be granted until all of the fees required to be paid pursuant to this section have been paid.
E.
In cases where a parcel of land for which a special permit has been requested is located within 500 feet of the boundary of another municipality, the Secretary of the Planning Board shall transmit a copy of the official notice of hearing to the Municipal Clerk of the affected municipality. Said notice shall also be submitted to the Westchester County Planning Board when so required by the Westchester County Administrative Code.
F.
The Planning Board may review any previously granted special permit for compliance with conditions imposed. Such review shall follow public notice given 15 days before a public hearing held thereon. Personal service of the notice of such hearing shall be made upon the owner of the property 15 days before the public hearing held thereon. Said special permit may be revoked following said hearing only upon a determination by the Planning Board to the effect that such conditions as may have been prescribed previously by the Planning Board in conjunction with the issuance of the special permit have not been or are no longer being complied with. The Planning Board shall set forth, in writing, said conditions that are no longer being met, following which a period of 60 days shall be granted for the applicant to comply with such conditions. If the applicant fails to comply within said sixty-day period, the special permit may be revoked.