Peekskill City Zoning Code
ARTICLE XI
Site Plans and Special Permits
§ 575-56 Site plan approval.
[Amended 3-26-1979; 2-24-1986; amended 7-14-1986; 7-20-1987; 7-27-1998; 12-12-1988; 7-27-1998; 5-13-2002 by L.L. No. 1-2002; 6-24-2002 by L.L. No. 2-2002; 4-25-2005 by L.L. No. 12-2005; 6-11-2007 by L.L. No. 5-2007; 1-14-2008 by L.L. No. 1-2008; 1-25-2010 by L.L. No. 1-2010]
A.
Purpose. It is the purpose of this section to promote safe, healthy, good, orderly and appropriate development throughout the City of Peekskill. For that purpose, pursuant to the authority set forth in Peekskill City Charter § C198 and General City Law § 27-a, the Planning Commission is hereby authorized to review and approve, approve with modifications or disapprove site plans.
B.
When required. When a building permit is required, site plan approval shall also be required for the following projects:
(1)
The erection of all buildings and structures on any lot or parcel where the use of the primary building or structure is wholly or partially nonresidential.
(2)
The erection of all buildings and structures on any lot or parcel where the use of the primary building or structure is wholly residential with four or more units.
(3)
The erection of any new one-, two- or three-family buildings or structures. For the purpose of this paragraph, "new" includes:
(a)
The election of a building or structure on a substantially vacant lot or parcel.
(b)
The erection of a building or structure where an existing structure has been or will be demolished, or where the building or structure has been damaged due to fire or other casualty, to the extent of more than 50% of the total floor area of habitable rooms in the original building or structure.
(4)
Any change in use or intensity of use which will affect the characteristics of the site in terms of parking, loading, access, drainage, utilities or other City services.
(5)
Any plan to alter or improve a building facade in any area designated by the Common Council as a special historical, architectural, design or improvement district, except in a designated local historic district or for a designated local landmark, such improvements or alterations may include but not be limited to sandblasting, painting, installing awnings, signs, lighting, doors, windows, etc.
(6)
The enlargement of any floor of a one-, two- or three-family building or structure where the total floor area of habitable rooms on any floor of the original building or structure is being increased by 1/3 or more. With respect to one-, two- or three-family buildings or structures, site plan review shall not be required where the only elements of development consist of installation or erection of one or more of the following: patios, decks, driveways and parking areas constructed in accordance with § 575-12G(5), swimming pools, storage sheds, fences, signs, swing sets and similar play or recreation equipment, and landscaping.
[Amended 12-27-2010 by L.L. No. 3-2011]
(7)
The construction of a deck larger than 300 square feet in size or the expansion of an existing deck beyond 300 square feet.
C.
Except for minor modification, in all cases where any amendment of any approved site plan is proposed, the applicant must obtain approval of the amendment by the Planning Commission. The process for obtaining approval of an amendment to an approved site plan shall be the same as the process to obtain a site plan approval. No building permit may be issued for any building within the purview of this section until an approved site plan or amendment of an approved site plan is obtained by the applicant. No certificate of occupancy may be issued for any building or use of land within the purview of this subsection unless the building is constructed or used or the land is developed or used in conformity with an approved site plan or an approved amendment to an approved site plan. A minor modification to an approved site plan may be granted by the Director of Planning or his or her designee. A "minor modification" of an approved site plan is a change to the approved site plan which involves only one or more of the following elements of the approved site plan:
(1)
A change in landscaping.
(2)
The reconfiguration, but not a reduction, in on-site parking.
(3)
A facade change affecting 1/4 or less of the area of the facade, measured in square feet.
(4)
A change in the on-site stormwater management system that will not result in an increase in stormwater runoff from the site or impervious surfaces on the site.
(5)
The construction of a retaining wall less than four feet tall.
(6)
An interior change which does not materially alter the size, bulk, shape, height of location of any building or structure.
(7)
Siting and construction of garbage enclosures.
D.
Objectives. In reviewing site plans, consideration shall be given to the public health, safety and welfare and to the comfort and convenience of the public in general, of the residents of the proposed development and of the immediate neighborhood in particular. Appropriate conditions and safeguards as may be required to further the expressed intent of this chapter and the accomplishment of the following objectives in particular may be prescribed by the Planning Commission:
(1)
All proposed traffic accessways are adequate but not excessive in number; adequate in width, grade, alignment and visibility; not located too near street corners or other places of public assembly; and other similar safety considerations.
(2)
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 the interior circulation system is adequate to provide safe accessibility to all required off-street parking lots, loading bays and building services.
(3)
All playground, parking and service areas are reasonably screened at all seasons of the year from the view of adjacent residential lots and streets and the general landscaping of the site is such as to enhance the character of the City and is in character with that generally prevailing in the neighborhood.
(4)
All existing trees over eight inches in diameter, measured three feet above the base of the trunk, shall be retained to the maximum extent possible.
(5)
All plazas and other paved areas intended for use by pedestrians shall use decorative pavements and shall use plant materials so as to prevent the creation of vast expanses of pavement.
(6)
All outdoor lighting is of such nature and so arranged as to preclude the diffusion of glare onto adjoining properties and streets.
(7)
Building bulk is compatible with surrounding area.
(8)
The drainage system and layout proposal will afford an adequate solution to any drainage problems.
(9)
Plans for internal water and sewer systems are adequate and connections to City systems are in accordance with City standards.
(10)
The site plan is in conformance with such portions of the Comprehensive Plan of the City as may be in existence.
(11)
Appropriateness and quality of design in the exterior appearance of buildings or land developments.
(12)
Avoidance of repetitive or near identical facades or structures and/or structures arranged without respect to natural features.
E.
Procedures.
(1)
Prior to the submission of a formal site plan, a presubmission conference shall be held wherein the applicant shall meet in person with the Director of Planning or his designated representative to discuss the proposed site plan so that the necessary subsequent steps may be undertaken with a clear understanding of the City's requirements in matters relating to the development of the site. At this time the Director of Planning may indicate those items that can be waived.
(2)
Within six months following the presubmission conference, the required number of copies of the site plan and any related information shall be submitted to the Director of Planning accompanied by a fee in accordance with the schedule of fees of the City of Peekskill.[2] If not submitted within this six-month period, another pre-submission conference may be required.
[2]
Editor's Note: The schedule of fees in on file in the office of the City Clerk.
(3)
The Director of Planning shall certify on each site plan or amendment whether or not the application is complete in accordance with Subsection F and whether the plan meets the requirements of all Zoning Ordinance provisions other than those of this article regarding site plan review. The Director of Planning shall act to certify the application or return it to the applicant for completion or revision within 10 days of submission by the applicant.
(4)
Following certification of a complete application, the Director of Planning shall, within the next 30 days, review and evaluate the application in accordance with the required objectives of Subsection D. The Director of the Department of Planning, in consideration of the comments by the Director of Public Works, may establish conditions which the applicant may be required to meet in order to fulfill the objectives of Subsection D. Upon completion of review, the Director of Planning shall meet with the applicant and discuss the application and conditions that could assist the applicant in meeting the objectives of Subsection D, following which the Director of Planning shall make a recommendation on the application to the Planning Commission no later than 10 days prior to its next meeting.
[Amended 6-24-2019 by L.L. No. 3-2019]
(5)
A public hearing shall be held on every site plan application (except minor modifications authorized by the Director of Planning of previously approved site plans). Notice of the hearing shall be given as follows:
(a)
For all site plan applications made in furtherance of a construction or development under § 575-56B(1), (2), (3), (4) or (5), (6) and (7), a notice of such hearing, including a short summary of any discretionary actions sought, and the street address of all lots or buildings involved in the application, shall be given to the official newspapers of the City at least five days before the date of such hearing. A notice of such hearing shall be transmitted to the applicant. The applicant shall be required to notify all property owners within 250 feet of the perimeter of the property as they appear on the current assessment roll. Such notice of public hearing shall be mailed via first class mail at least 10 days prior to the hearing, and the applicant shall submit the mailing list of names and addresses and a Certificate of Mailing stamped by the U.S. Post Office as evidence of such mailing. The expense of publishing and mailing any notice required by this section shall be borne by the applicant.
[Amended 9-12-2022 by L.L. No. 7-2022]
(6)
The Planning Commission shall hold a public hearing and act to approve, or approve with modifications or conditions, or disapprove the application at its next meeting. The recommendations of the Director of Planning and proposed modifications or conditions of the Director of Planning shall be considered. Where the Commission does not accept any or all recommendations of the Director of Planning, its reasons for doing so shall be put forth in writing or on the record. Should the Planning Commission need an additional 30 days to consider the application, then it may do so by a resolution requiring a majority vote of the entire Commission, which resolution shall state the reasons for the required extension of time for review.
(7)
Review of amendments to an approved site plan shall be acted upon in the same manner as the review of the original site plan.
(8)
Improvements and performance guarantees. Following approval of the site plan by the Planning Commission, the applicant shall follow the procedure set forth below:
[Amended 6-24-2019 by L.L. No. 3-2019]
(a)
The applicant shall file with the Department of Planning a performance deposit form and submit a performance deposit to cover the cost of the required improvements in an amount set by the Director of Planning. After the performance deposit form and deposit has been reviewed and approved by the Director of Planning and the Director of Public Works, the performance deposit will be filed with the City Comptroller.
(b)
Said performance deposit may be in cash or an irrevocable letter of credit in form and substance satisfactory to the Corporation Counsel of the City of Peekskill and the City Engineer. All improvements on public property or necessary to serve the public at large must be secured by cash or an irrevocable letter of credit. The remainder of the performance deposit not covered by cash or an irrevocable letter of credit may be in the form of a bond satisfactory in form and substance to the Corporation Counsel. Their cost shall be provided by the applicant on the most current performance deposit form and certified by the Director of Public Works and the Director of Planning. Such exterior improvements covered by the performance deposit include, but are not limited to, proposed screening, landscaping (including planting and maintenance thereof for one year), stormwater drainage systems, public and private streets and drives, water systems, sanitary sewer systems, outdoor lighting and off-street parking areas, loading areas, means of vehicular access and egress to and from the site onto public streets, formal street dedication for public roads, recreation areas, including playgrounds, garbage collection stations, retaining walls including finishes, Knox-Boxes® and fire alarm systems, if any. Other items deemed appropriate by the City Manager may be added to the performance deposit form.
[Amended 2-22-2021 by L.L. No. 1-2021]
(c)
Said deposit shall be conditioned upon the property owner or developer completing the work enumerated on the performance deposit sheet form as set forth on the approved site plan in a manner satisfactory to the Director of Planning and the Director of Public Works of the City of Peekskill. Upon completion, 10% of each item shall be retained for improvements functioning properly for a period of one year from their completion. In default thereof, the deposit shall be forfeited and the City shall be entitled to the full amount thereof and shall use the amount thereof to complete the work not done and to recover the costs thereof from the deposit or to make such improvements as may be necessary to assure proper functioning of said improvement. However, if any amount of money remains after the City has completed said work, such excess money shall be returned to the entity posting the required deposit.
(d)
Said deposit may be reduced upon the certification of the Director of Public Works and the Director of Planning that a particular item or items in the requirements of the Planning Commission's approval have been satisfactorily completed. The first reduction request shall be drawn down from the bonded portion of the performance deposit and shall be in the ratio that the completed item or items bear to the total estimated cost of the required improvements but not less than 50% of the amount of the original performance deposit. A second reduction request shall be in the ratio that the completed item or items bear to the total estimated cost of the required improvements but not less than 75% of the amount of the original performance deposit. A final reduction request shall be in the ratio that the completed item or items bear to the total estimated cost of the required improvements but not less than 100% of the amount of the original performance deposit, less the retainage of 10%.
(9)
Time limit on validity of approval. Approval of a site plan by the Planning Commission shall be valid for a period of six months from the date thereof for the purpose of obtaining a building permit. Failure to secure a permit during the period shall cause the site plan approval to become null and void. Upon application and upon a finding by the Department of Planning that the conditions prescribed in conjunction with the issuance of the original approval have been maintained and that no physical changes or amendments in the project site, the original plan or the immediate environs have occurred since the time of original approval, the Director of the Department of Planning shall have the right to extend the period of approval for an additional six months. Upon application, the Planning Commission shall have the right to extend the period of approval to not more than two years from the date of original approval. After expiration of the two-year extension, the Planning Commission may, without hearing and without any further extension, subject to the payment of a renewal fee, renew an application approval for a period not to exceed one year upon a finding that the conditions prescribed in conjunction with the issuance of the original approval have been maintained and that only minor physical changes or amendments in the project site, the original plan or the immediate environs have occurred since the time of original approval. It shall be the responsibility of all applicants to demonstrate compliance with all conditions of approval to the satisfaction of the City Building Inspector and/or Director of Planning.
[Amended 2-22-2021 by L.L. No. 1-2021]
(10)
An application for site development plan approval shall be considered to be incomplete, shall not be accepted for review and shall not be entertained if it is in relation to any property:
(a)
Which, at the time of the application, is in violation of this chapter or the New York State Uniform Fire Prevention and Building Code except in furtherance of curing the violation; or
(b)
Which is in common ownership with any other property in the City of Peekskill which is in violation of this chapter or the New York State Uniform Fire Prevention and Building Code; or
(c)
Which has ever been in common ownership with any other property in the City of Peekskill that:
[1]
Is in violation of this chapter or the New York State Uniform Fire Prevention and Building Code on the date of the application; and
[2]
Has been in violation of this chapter or the New York State Uniform Fire Prevention and Building Code continually from the time that it was in common ownership with the subject property; and
[3]
Which is not owned by an owner who purchased the subject property in an arm's-length transaction, for fair market value and without knowledge of the existing violation on the other once commonly owned property. The burden of proof shall test with the applicant as to whether he or she is an owner who purchased the subject property in an arm's-length transaction, for fair market value and without knowledge of the existing violation on the other once commonly owned property.
F.
Site plan elements.
(1)
The applicant shall submit a site plan map, at a minimum scale of one inch equals 30 feet and based on a certified surveyed document. Unless waived by the Director of Planning, plans for all required improvements must be submitted by a professional engineer or licensed architect or, if appropriate, a registered landscape architect. The site plan shall include those of the elements listed herein which are appropriate to the proposed development or uses as indicated by the Director of Planning, in the presubmission conference. This information, in total, shall constitute the site plan.
(b)
Natural features.
[1]
Existing contours at intervals of five feet or less, referred to a datum satisfactory to the Planning Commission.
[2]
Approximate boundaries of any areas subject to flooding or stormwater overflows.
[3]
Location of existing watercourses, marshes, wooded areas and rock outcrops.
[Amended 12-27-2021 by L.L. No. 13-2021]
[4]
Where trees with a diameter breast height of six inches or greater are proposed to be removed, a tree survey of all trees to be removed showing the location, species and diameter breast height of all trees to be removed and all trees to be preserved.
[Amended 12-27-2021 by L.L. No. 13-2021]
(c)
Existing structures and utilities.
[1]
Outlines of all structures and location of all uses not requiring structures.
[2]
Paved areas, sidewalks and vehicular access between the site and public streets.
[3]
Locations, dimensions, grades and flow direction of any existing sewers, culverts and waterlines, as well as other underground and aboveground utilities within and adjacent to the property.
[4]
Other existing development, including fences, landscaping and screening.
[5]
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.
[6]
The locations and owners of all adjoining lands as shown on the latest tax records.
[7]
The locations, names and existing widths of adjacent streets and curblines.
[8]
Location, width and purpose of all existing and proposed easements, setbacks, reservations and areas dedicated to public use within or adjacent to the property.
[9]
A complete outline of existing deed restrictions or covenants applying to the property.
[10]
A zoning table to provide both existing zoning requirements and proposed zoning information.
(d)
Proposed development.
[1]
The location of proposed buildings or structural improvements.
[2]
The location and design of all uses not requiring structures, such as off-street parking and loading areas.
[3]
The location, direction, power and time of use for any proposed outdoor lighting or public address systems.
[4]
The location and plans for any outdoor signs, which must be in accordance with applicable sign regulations.
[5]
The location, arrangement and materials of proposed means of access and egress, including sidewalks, driveways or other paved areas. Profiles indicating grading and cross sections showing width of roadway, location and width of sidewalks, location and size of water- and sewer lines and proposed direct pedestrian connection to public parking lots or structures will also be shown.
[6]
Proposed screening and other landscaping, including a planting plan prepared by a qualified landscape architect in accordance with § 575-13, Landscaping.
[7]
A description of the existing vegetative coverage of the tree removal area, including dominant species. A replanting program schedule and map indicating the location, quantity, species and diameter breast height of all trees proposed to be replaced in accordance with § 530-9 of the City Code. The Planning Commission may accept the submission of a sketch plan in accordance with § 530-6A(7) of the City Code.
[Added 12-27-2021 by L.L. No. 13-2021[3]]
[a]
If the Planning Commission determines that tree replacement is not feasible, the applicant shall submit a payment in lieu of tree replacement in accordance with § 530-9 of the City Code. The site plan shall also include the following:
[3]
Editor's Note: This local law also renumbered former Subsection F(1)(d)[7] through [14] as Subsection F(1)(d)[8] through [15].
[8]
The location and connection to City facilities of all proposed waterlines, valves and hydrants and all drainage and sewer lines or alternate means of water supply and sewage disposal and treatment facilities.
[9]
Location of fire alarm boxes, Knox boxes and connections to the City fire alarm system.
[Amended 2-22-2021 by L.L. No. 1-2021]
[10]
An outline of any proposed easements, deed restrictions or covenants and a notation of any areas to be dedicated to a public agency.
[11]
Any contemplated public improvements on or adjoining the property.
[12]
Any proposed new grades, indicating clearly how such grades will meet existing grades of adjacent properties or the street.
[13]
Elevations of all proposed principal or accessory structures.
[13.1]
For structures containing 10 or more dwelling units, the number, location, square footage and number of bedrooms of all dwellings to be constructed pursuant to the affordable provisions outlined in Chapter 155 of the City Code.
[Added 1-24-2022 by L.L. No. 1-2022]
[14]
If the site plan only indicates a first stage, a supplementary plan shall indicate ultimate development.
[15]
Any other information deemed by the Planning Commission to be necessary to determine conformity of the site plan with the spirit and intent of this chapter.
(2)
Unless waived by the Director of Planning, plans for all required improvements most be submitted by a professional engineer or licensed architect or, if appropriate, a registered landscape architect. Installation of such improvements must be under the direct supervision of a registered architect or licensed engineer.
(3)
Architectural review.
(a)
Architectural review and approval shall be given by the Planning Commission on all site plan applications, except within a designated local historic district or for a designated landmark.
(b)
Buildings subject to architectural review shall be harmonious and compatible with the surrounding environment and nearby architecturally significant structures.
(c)
The facade of any structure shall face a street off which the lot has frontage. Such facade shall face the front yard (or in the case of corner lots, one of the front yards as designated by this Code). The Planning Commission has the authority to waive this provision on a finding that the proposed architectural design is in keeping with the character of the site and neighborhood.
(4)
A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Articles I and II of Chapter 492 of the Code of the City of Peekskill shall be required to be submitted with the application for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Article II of Chapter 492 of the Code of the City of Peekskill. The approved site plan shall be consistent with the provisions of this local law.[4]
G.
Reservation of parkland on site plans containing residential units.
[Added 8-15-2016 by L.L. No. 4-2016]
(1)
Before the Planning Commission may approve a site plan containing residential units, such site plan shall also show, when required by the Planning Commission, a park or parks suitably located for playground or other recreational activities.
(2)
Land for park, playground or other recreational purposes may be required if the Planning Commission has made a finding that a proper case exists for requiring that a park or parks be suitably located for playgrounds or other recreational purposes within the City. Such findings shall include an evaluation of the present and anticipated future needs for park and recreational facilities in the City based on projected population growth to which the site plan will contribute.
(3)
In the event the Planning Commission makes a finding pursuant to Subsection G(2) of this section, but a suitable park or parks of adequate size to meet the requirements cannot be properly located on the site plan, the Planning Commission may require payment of a sum of money in lieu thereof as set forth in Article VI of Chapter 275 of the City Code.
(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 Commission 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 such plat, nothing shall preclude the additional reservation of parkland or money donated in lieu thereof.
§ 575-57 Special permits.
[Amended 3-26-1979; 1-25-1982; 12-12-1988; 9-26-1995; 1-14-2008 by L.L. No. 1-2008; 5-29-2012]
A.
Upon application and after public notice and hearing, the Common Council or Planning Commission, where so designated in this chapter, may authorize by resolution the Director of Planning to issue a special permit for any of the uses for which this chapter requires such special permit in the district in which such use is proposed to be located. Prior to authorizing such special permit, the Common Council or Planning Commission shall seek an advisory opinion from the Director of Planning. In authorizing the issuance of a special permit, the Council or Commission shall take into consideration the public health, safety and welfare and shall prescribe appropriate conditions and safeguards to ensure the accomplishment of the following objectives:
(1)
All proposed structures, equipment or material shall be readily accessible for fire and police protection.
(2)
The proposed use shall be of such location, size and character, and the nature and intensity of the operations involved in it or conducted in connection with it shall be such, that 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.
(3)
Operations in connection with any special use will not be more objectionable to nearby properties by reason of noise, fumes, vibration or other characteristics than would be the operations of any permitted use not requiring a special permit.
(4)
Parking and loading areas will be of adequate size for the particular use, properly located and suitably screened from adjoining uses, and the entrance and exit drives shall be laid out so as to achieve maximum and adequate safety.
(5)
In addition to the above, in the case of any use located in or directly adjacent to a residential district:
(a)
The location and size of such use, the nature and intensity of operations involved in or conducted in connection therewith, 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 said residential district or conflict with the normal traffic of the neighborhood; and
(b)
The location and height of buildings, the location, nature and height of walls and fences and the nature and extent of screening and landscaping on the site shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings or impair the value thereof.
B.
Every application for a special permit shall be made out in duplicate and shall be accompanied by six copies of a plot plan containing the same information as required in § 575-49B hereof in connection with an application for a building permit, unless a site plan review is also required, in which case one application incorporating relevant items outlined in § 575-56E may be included.
C.
The procedure for a special permit shall be the same as for a site plan review [§ 575-56E(1) to (6) and (8) to (10)], except that where § 575-56E refers to the Planning Commission, the Common Council shall be substituted; and where § 575-56E(9) provides time limits for approval by the Planning Commission, those time limits shall not apply to the approval of a special permit by the Common Council. Where the Planning Commission is authorized to issue a special permit, the special permit and site plan review may occur simultaneously.
D.
A separate procedure as provided in § 575-28E(10) shall be followed for a special permit to allow planned residential development and as provided in § 575-43C to allow waterfront district development.
E.
In authorizing the issuance of a special permit, it shall be the duty of the Council or Planning Commission to attach such conditions and safeguards as may be required in order that the result of its action may, to the maximum extent possible, ensure initial and continual conformance to all applicable standards and requirements and further the general objectives of this chapter. In all cases, the approval authority shall retain continuing jurisdiction. It shall be the responsibility of all applicants to demonstrate compliance with all conditions of approval to the satisfaction of the City Building Inspector and/or Director of Planning.
[Amended 2-22-2021 by L.L. No. 1-2021]
F.
Prior to final action, the Common Council or Planning Commission, where so designated, shall refer any matter involving any of the areas specified in Article XII, § 575-58E(1)(a) through (e), to the Westchester County Planning Board in accordance with Section 451 of Article 15 of the Westchester County Administrative Code.