Mount Vernon City Zoning Code
ARTICLE VII
Site Plan Approval
§ 267-35 Approval required.
A.
Site plan approval is required prior to the issuance of a building permit for the construction, reconfiguration, repaving, expansion and/or enlargement of any use or structure, other than a one-, two- or three-family dwelling where such dwelling is permitted by right and where the natural grade is not changed by more than four feet at any point on the site, or prior to the issuance of a certificate of occupancy for any change of use, change of intensity or change of occupancy. The Planning Board shall be the approving agency for all site plan applications.
[Amended 12-11-2019, approved 12-11-2019]
B.
The approved site plan, and any conditions attached thereto, shall be complied with prior to the issuance of the certificate of occupancy. Continued compliance with all such conditions shall be a requirement of the continued validity of the certificate of occupancy. Site plan revisions, other than minor adjustments approved by the Commissioners of Buildings and Planning, pursuant to Chapter 267, Article VII hereof, shall be subject to the same approval procedure and requirements as the initial site plan.
C.
Notwithstanding any other requirements of this chapter to the contrary, site plan approval shall not be required for any new use sponsored by the Mount Vernon Industrial Development Agency or Mount Vernon Urban Renewal Agency.
§ 267-36 Procedure.
A.
Application. Applicants for site plan approval shall submit a preliminary informal application and discuss it with the Department of Planning prior to the formal submission of a complete site plan application. An application shall be considered officially submitted provided that the approving agency or staff determines such application to be complete. A receipt for the required application fee shall accompany the application. The Department of Planning shall send one print to the Commissioner of Public Works, the Building Commissioner and the Fire Commissioner and other such officials and/or agencies it deems appropriate for their review and comments. In addition, copies shall be forwarded with notice of the public meeting to the Westchester County Planning Board and to the clerks of abutting municipalities as required by law.
B.
Action. Within 62 days of the date of receipt of a complete application, unless such time is extended by mutual agreement between the Planning Board and the applicant, the Planning Board shall approve, approve with modifications or disapprove the application. The Planning Board shall approve the application where it finds that the standards of Chapter 267, Article VII have been met. The Planning Board may approve such application conditionally where it finds that such conditions or modifications are necessary to ensure initial and continued conformance with the standards of Chapter 267, Article VII have been met. The Planning Board shall notify the applicant in writing of its decision, and the decision shall be filed in the office of the City Clerk and the Department of Buildings. Any conditions required by the Planning Board shall be noted on the original and all file copy prints of the site plan. The Chairman of the Planning Board shall sign the original and prints, as approved by the Planning Board, when they determine that the plans submitted are in full compliance with all requirements and conditions of their approval and comply with all other applicable requirements. The Department of Planning shall retain the original and all file copy prints and return one print to the applicant and to the Building Department. The City Clerk's Office, the Assessor's Office and the Law Department shall receive one copy of the signed Planning Board resolution.
C.
Variances in conjunction with a site plan.
(1)
Site plan approval shall comply with all the requirements of this chapter. Where an application requires a variance from any requirement of this chapter, site plan approval shall not be effective until and unless such variances shall be issued by the Zoning Board of Appeals.
(2)
In cases where an applicant requires one or more variances, the applicant shall file an application with the Building Department, which shall also advise the applicant of the procedures and requirements to be followed in seeking those variance(s) from the Zoning Board of Appeals.
D.
Expiration. Unless otherwise specifically set forth by the Planning Board in connection with its approval of a site plan, such approval shall expire if a building permit is not issued within one year from the date of approval and if all construction work is not completed within two years of the date of issue of such permit. Upon application to the Planning Board, extensions totaling a maximum of 12 months may be granted to each of these time periods, for appropriate cause. Such time limits shall be tolled by any judicial proceedings to review the Board's decision.
E.
Amendments.
(1)
Minor amendments. During construction, the Commissioners of Building and Planning may authorize minor adjustments to the approved site plan when such adjustments appear necessary or appropriate as the result of technical or engineering considerations, the existence or materiality of which was first discovered during actual construction. Such minor adjustments shall be consistent with the concepts of the approved site plan.
(2)
Substantial amendments. Where unforeseen conditions are encountered which require any change to an approved site plan which the Commissioner of Planning considers substantial, or where the applicant wishes to modify the approved site plan for other reasons, an amended site plan shall be filed for review and approval in accordance with the same procedures required for an initial application.
§ 267-37 Application.
The site plan application shall be accompanied by a detailed site plan prepared by a legally qualified individual, firm or licensed design professional, including but not limited to a registered architect, landscape architect or professional engineer. A site plan shall demonstrate that the standards of Chapter 267, Article VII of this chapter can be met and shall include at least the following information:
A.
General. Site plans shall be drawn on sheets not exceeding a size of 30 inches by 40 inches, and to a convenient scale, but not less than one inch equals 20 feet, unless approved by the Commissioner of Planning.
B.
Legal data.
(1)
The name and the address of the applicant and authorization of the owner if different from the applicant.
(2)
The name, address, signature and seal of the professional preparing the site plan.
(3)
Title of the development, date prepared and date of revisions, if any.
(4)
North arrow, scale and site vicinity map drawn to a scale of not less than one inch equals 600 feet.
(6)
Map, block and lot numbers of the property as shown on the official tax records.
(7)
Description of all existing and proposed deed restrictions or covenants applying to the property.
(8)
Existing zoning of the property and all adjoining properties.
(9)
Zoning schedule chart of required and proposed standards for each site plan, including any variances granted. The chart shall include the following:
(a)
Use of structure.
(b)
Floor area by use.
(c)
Floor area ratio.
(d)
Building height: stories and feet.
(e)
Building length.
(f)
Building coverage.
(g)
Impervious surface coverage.
(h)
Lot area (square feet).
(i)
Lot area per dwelling unit (square feet).
(j)
Floor area per dwelling unit (square feet).
(k)
Lot width and frontage.
(l)
Yards: front, side and rear.
(m)
Area of usable open space.
(n)
Number of off-street parking and loading spaces.
C.
Natural features.
(1)
Topographic data at a maximum contour interval of two feet, showing existing and proposed contours, extended at least 20 feet into adjoining properties.
(2)
Surface features, such as the location of rock outcrops.
(3)
Vegetative cover, including the location of existing wooded areas, all individual trees of 12 inches caliper or greater, both on site or on adjacent City property, and all other specimen trees.
(4)
The location of all existing watercourses, water bodies, intermittent streams, wetlands and springs.
(5)
Boundaries of any area subject to flooding or stormwater overflows, including flood hazard areas as established by the federal government.
D.
Existing structures and utilities.
(1)
Location of all structures on the premises and approximate location of all neighboring structures within 100 feet of all lot lines of the premises.
(2)
Location of all existing adjacent public and private streets, ways and roads, paved areas and sidewalks. The names and existing widths of adjacent streets, including curb lines and elevations at the center line of the street and the reference grade at the curb at the center of the front wall of the building.
(3)
Locations, dimensions, grades and flow direction of existing sewers, culverts, water lines and other underground utilities within the property lines and other underground utilities within the property, to the extent known or relevant.
(4)
Fences, landscaping and screening.
(5)
All other existing improvements.
E.
Proposed development.
(1)
The location and dimensions (length, width, floor elevations and height in feet and in stories) of proposed structures, with floor plans showing all proposed floor space by type of use and floor level.
(2)
Preliminary architectural plans showing at least three exterior elevations of the proposed structure and materials to be used.
(3)
The location, width and finished grades of proposed public and private streets, ways, roads and sidewalks, including pavement type and profiles.
(4)
The location, layout, finished grade, pavement specifications and curbing proposed for parking and loading spaces, including access drives.
(5)
Driveway profiles from the center line of the street to the garage floor or parking lot, indicating all slopes by percentage of grade. Elevations at the center line of the street, top of the curb and at the lot line must also be indicated on the profile. Where there is no curb, the curb elevation is assumed to be equal to the elevation at the center line of the street and should be so indicated.
(6)
The location, design and proposed screening of outdoor storage areas, including proposed provisions for refuse and storage collection.
(7)
The location, size and design of all proposed water supply, sanitary sewerage, valves, hydrants and other such utility facilities, including connections to any existing such facilities, with profiles.
(8)
Stormwater drainage systems with details of catch basins, dry wells, retention basins and other related facilities; and calculation of expected storm drain loads and stormwater runoff pattern to be accommodated by the proposed drainage system.
(9)
Landscaping plan, to include type, size, quantity and location of all plants and other landscaping materials to be used, with English and Latin names. Included in the plan shall be an indication of all existing vegetation to be retained and the methods to be used to protect such vegetation during the course of construction.
(10)
The location, height, design and materials of all proposed fences and walls.
(11)
Type, location, design, shielding and hours of operation of exterior lighting.
(12)
Location, type, size, wording, design, color and illumination of all traffic and directional signs.
(13)
Estimate of earthwork, showing the quantity of any material to be imported to or removed from the site.
(14)
Description of measures planned to assure proper erosion and sedimentation control both during and after construction, with reference to Westchester County's Best Management Practices Manual for Construction Related Activities, Standards and Specifications.
(15)
A statement from the applicant's licensed design professional indicating the estimated cost of construction of all new streets and sidewalks and of the water supply, sanitary sewerage and storm drainage systems.
F.
Stormwater management. A stormwater management plan or a stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter 226 of this Code shall be required for site plan approval. The stormwater management plan or the SWPPP shall meet the performance and design criteria and standards of Chapter 226. The approved site plan shall be consistent with the provisions of Chapter 226.
G.
Waivers from site plan requirements. Upon written request by the applicant to the Planning Board, the Planning Board may waive or modify performance requirements and standards if it is determined by Planning Board Staff that the waiver will not have an impact on public health and public safety, and subject to the findings and establishments of the general conditions for such waiver as shall be found in Article 3, § 27-a5, of the General City Law of the State of New York, as amended.
H.
Other. Any other information determined necessary or appropriate by the Planning Board or its staff in order to provide for the proper administration and enforcement of this chapter.
§ 267-38 Traffic and environmental standards.
In considering and approving site plans, the Planning Board shall be guided by the purposes of this chapter, including the purposes of the applicable zoning district or districts, and, as a condition of approval, shall require such modifications of the proposed plans as it deems necessary to comply with the spirit as well as the letter of this chapter. The Planning Board shall also specifically take into account the following:
A.
Safe, adequate and convenient vehicular and pedestrian traffic circulation both within and without the site. At least the following aspects of the site plan shall be evaluated to determine conformity to this standard:
(1)
The effect of the proposed development on traffic conditions on existing streets.
(2)
The number, locations and dimensions of vehicular and pedestrian entrances, exits, drives and walkways. Vehicular access to state and county roads must also be approved by the State Department of Transportation or County Department of Public Works, as appropriate.
(3)
The visibility in both directions at all exit points of the site. The driver of an automobile should have an unobstructed view of the street for that distance necessary to allow safe entrance into the traffic stream.
(4)
The location, arrangement and adequacy of off-street parking facilities, which shall, at a minimum, meet the requirements of Article VIIII of this chapter.
(5)
Interconnection of parking facilities via access drives within and between adjacent lots, in order to provide maximum efficiency, minimize curb cuts and encourage safe and convenient traffic circulation.
(6)
The location, arrangement and adequacy of loading areas, which shall, at a minimum, meet the requirements of Chapter 276, Article VIII of this chapter.
(7)
Patterns of vehicular and pedestrian circulation, both within the boundaries of the development and in relation to the adjoining street and sidewalk system. Sidewalk crossings are subject to approval by the City Commissioner of Public Works.
(8)
The location, arrangement and adequacy of facilities for the physically handicapped, such as ramps, depressed curbs and reserved parking spaces.
(10)
Adequacy of fire lanes and other emergency zones. The Planning Board may require the provision of fire zones and may also require suitable legal agreements for enforcement of any parking and traffic circulation restrictions.
B.
The protection of environmental quality and the preservation and enhancement of property values in the neighboring area. At least the following aspects of the site plan shall be evaluated to determine conformity to this standard:
(1)
The location, height and materials of walls, fences, hedges and plantings so as to ensure harmony with adjacent development, screen parking facilities and loading spaces, and conceal storage areas, refuse areas, utility installations and other such features. Such walls, fences, hedges and plantings shall, at a minimum, meet the requirements of Chapter 267, Article IV and § 267-44 of this chapter.
(2)
The prevention of dust, erosion, and drainage onto adjacent properties, both during and after construction, through the planting of ground cover or the installation of other appropriate protective devices and/or ground surfaces.
(3)
The preservation of natural features of the site, such as wetlands, unique wildlife habitats, historic structures, major trees and scenic views, both from the site and onto or over the site.
(5)
The design and arrangement of buildings, structures and accessory facilities (such as air-conditioning systems, public address systems, etc.) so as to achieve minimum and acceptable noise levels at the property boundaries.
(6)
The provision of adequate storm- and surface water drainage facilities so as to properly drain the site, not impede the existing flow of drainage from neighboring properties and not increase downstream flooding. Upon completion of development, the control and retention of stormwater runoff shall be provided as directed by the Commissioner of Public Works, who may require the submission of an engineer's report.