Pound Ridge City Zoning Code
ARTICLE IX
Site Plan Requirements
§ 113-59 Grant of powers to Planning Board.
In those "districts" and for those "buildings" and "uses" where site plan approval by the Planning Board is required under the terms of this chapter, the Planning Board is hereby authorized to review and approve, approve with modifications or disapprove site plans, which plans shall be prepared to specifications as set forth in this chapter and in the regulations of the Planning Board, if and as such may be adopted. The Planning Board is further authorized to require site plan approval for individual residential "lots" where determined appropriate by said Board in connection with the granting of subdivision approval. Where site plan approval is required, no "building" permit or certificate of conformance shall be issued by the Building Inspector until and unless such a plan shall have been approved by the Planning Board, and no certificate of occupancy or certificate of conformance for a "building" or "use" shall be issued until all of the requirements of such approval, including any conditions attached thereto, shall have been met.
§ 113-60 General standards.
The Planning Board shall not approve a site plan unless it shall find that such plan conforms to the requirements of this chapter, as well as to other applicable laws and regulations and is properly related to the policies and recommendations of the Town Development Plan. In reviewing the site plan, the Planning Board shall also take into consideration the, public health, safety and general welfare and shall set appropriate conditions and safeguards which are in harmony with the general purpose and intent of this chapter, particularly in regard to achieving the following standards:
A.
Traffic access. The number, location and design of all proposed driveways, in terms of their width, length, grade, alignment, visibility and relationship to the existing "street" system and neighboring properties and land "uses" shall be such that maximum safety and function will be achieved.
B.
On-site circulation and parking. Adequate and convenient off-"street" parking and "loading spaces" shall be provided to prevent parking in public "streets" of vehicles belonging to any persons connected with or visiting the proposed "use." The interior circulation system shall be adequate to provide safe access to all "buildings," "structures" and required off-"street" parking, including access for firefighting and for the handicapped.
C.
Pedestrian circulation. An adequate and safe pedestrian circulation system shall be provided to permit safe access to "uses" on the site from the "street" and from all "parking areas."
D.
Landscaping and buffering. All ground mounted solar arrays, parking, loading and service areas shall be screened in a reasonable manner at all seasons of the year from the view of adjacent residential lots and streets. The general landscaping of the site shall be designed in an attractive manner and, wherever possible, desirable natural features existing on the site shall be protected and retained.
[Amended 12-8-2016 by L.L. No. 3-2016]
E.
Lighting. Outdoor lighting shall be provided on the site to assure the safe movement of vehicles and persons and for security purposes. Such lighting shall be properly designed and shielded so as to avoid glare, prevent visibility of the source of the light from areas off-site and other undesirable impacts on neighboring properties and "streets."
F.
Protection of natural and cultural resources. The Planning Board shall endeavor to adequately protect any resources of local, State, and/or national significance. To this end, the Planning Board shall assure conformance with this chapter as well as with the Town Freshwater Wetlands Law, the Town Flood Damage Prevention Law[1] and all other applicable Town, County, state and federal laws and regulations.
G.
Drainage. The proposed stormwater drainage system shall be adequate to prevent any increase in the rate of surface runoff or otherwise contribute to downstream flooding during a storm of any magnitude up to and including a one-hundred-year frequency storm.
H.
Water and sewage. The proposed systems for water supply and sewage collection and disposal on the site shall be adequate to serve the needs of all proposed "uses" on the site without adversely impacting neighboring properties or "uses."
I.
Solid waste. Adequate provisions shall be made for the storage, collection, recycling and disposal of solid waste. Such facilities shall not be permitted to adversely affect neighboring properties or public facilities.
J.
"Building" design. The "height," location and size of the proposed "buildings" shall be in conformity with the requirements of this chapter. All such "buildings," utilities and other "structures" shall harmoniously relate to each other, the site and neighboring properties.
K.
Signage. All proposed "signs," including on-site directional "signs" and "building" "signs," shall meet the requirements of the Town Sign Law (Chapter 88), shall be adequate to provide reasonable information to the public and shall be in harmony with the design of the site and "buildings" and with neighboring properties.
L.
Hours of operation. For "uses" that could create negative impacts to neighboring properties by reason of noise, traffic, lighting or other impacts, the Planning Board may limit the hours of operation to mitigate such impacts.
M.
Other public needs. The Planning Board shall assure that other public needs, including but not limited to the provision of recreational facilities and open space, as well as other needed services, are adequately and properly met.
§ 113-61 Application procedure.
A.
Submissions. The applicant shall submit to the Planning Board 10 copies of a completed site plan application.
B.
Application fee reimbursement of professional review fees. An application fee shall accompany each such application in an amount set forth in a fee schedule as may be amended from time to time by resolution of the Town Board. The Planning Board may require the establishment of an escrow account deposit in accordance with § 113-94C herein to reimburse the Town for the costs of professional review fees charged in connection with the review of the application. If the Planning Board 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 § 113-94B.
C.
Notice of an initial Planning Board application shall be the responsibility of the applicant. Such a notice shall include a Notice of Application and such other information as the Planning Board may deem appropriate and shall be sent, via mail, at least 14 days prior to the next scheduled meeting in which said application is to be heard.
[1]
Editor's Note: This local law also redesignated former Subsections C through G as D through H, respectively.
D.
Required data. All of the following information shall be indicated on the site plan or submitted as part of or supplement to the site plan application unless specifically waived by the Planning Board. The site plan shall be drawn at an appropriate scale.
(1)
Title of development, date, revision dates, if any, North point, scale, name and address of record owner and of applicant, if other than owner, and of the engineer, architect, landscape architect or surveyor preparing the site plan. Where the applicant or owner is a corporation, the Planning Board may require the names and addresses of all officers, directors and principal stockholders of said corporation. Written authorization from the owner(s) to submit the application shall be required where the applicant is not the owner of the affected property.
(2)
Area and boundaries of the subject property, section and "lot" numbers of the subject property, adjacent zoning and "district" boundaries, "buildings" or setback lines as required in this chapter, lines of existing "streets" and adjoining "lots" as shown on the Tax Maps and reservations, easements and other areas dedicated to public and special "use."
(3)
A vicinity map showing the relationship of the property to adjacent and nearby properties, "streets," all contiguous landholdings and other features.
(4)
The names and mailing addresses of all owners of record of all adjacent properties.
(5)
Location and dimensions of all existing "buildings" and other "structures," poles, retaining "walls," stone "walls," "fences," rock outcrops, wooded areas, single trees with a diameter of six inches or more measured 4 1/2 feet above the ground, controlled areas as defined in the Town Freshwater Wetlands Law and/or state-designated wetlands as defined in the State Freshwater Wetland Act,[2] water supply, sanitary sewerage, storm drainage and any other utility facilities and of any other significant existing natural and cultural features within 100 feet of all property lines shall also be shown.
(6)
Existing and proposed contours at a maximum vertical interval of two feet both for the site and for an area extending at least 25 feet beyond the property boundary. The source of topographic information shall be ground observations or recent aerial survey data, subject to the approval of the Town Engineer.
(7)
Proposed "use" or "uses" of all land and "buildings."
(8)
Outline and elevations of the pavement of abutting "streets" and of proposed means of vehicular and pedestrian access to and from the site.
(9)
Location, layout and numbers of proposed off-"street" parking and "loading spaces."
(10)
Location and layout of any proposed recreation areas.
(11)
Proposed finished floor and "basement" elevations of "buildings," "finished grades" of walls, pavements and storm drains. When the site is within, or near as determined by the Building Inspector, the Town Engineer or the Planning Board, a designated flood hazard area, such elevations shall be on the United States Geological Survey Datum.
(12)
Detailed construction plans of proposed retaining walls, steps, ramps, paving and drainage "structures."
(13)
Expected storm drainage loads and a stormwater management plan.
(14)
Estimates of all earthwork, including the quantity of any material to be imported to or removed from the site, or a statement that no material is to be removed or imported. A certification from a geological engineer or other qualified professional as to the source, content and suitability of any material to be imported or used for fill shall be provided.
(15)
Location and dimensions of all proposed site improvements, including water supply, sanitary sewerage, storm drainage and other utility lines and equipment, including connections to existing facilities. The nature of any industrial waste shall be identified, and the means for its disposal shall be described. The applicant's engineer shall identify any condition that may result in denial of on-site water supply or a separate sewage disposal system by the Westchester County Health Department.
(16)
Detailed landscaping plans, including type, size and location of all materials used and plans for buffer screening and fencing.
(17)
Proposed location, type, design, size, color and illumination of all "signs."
(18)
Proposed type, design mounting "height," location, direction, shielding, power and timing of all outdoor lighting along with the design of any power and communication facilities.
(19)
Conditions specified by the Board of Appeals or Town Board in the approval of any variance or special permit related to the subject property.
(20)
Any proposed division of "buildings" into units of separate occupancy and detailed breakdowns of all existing and proposed floor space by type of "use" and floor level.
(21)
Any other information determined necessary or appropriate by the approving agency in order to provide for the proper administration and enforcement of this chapter.
E.
Additional standards regarding commercial septic systems. In order to assure that the design, construction, operation and maintenance of septic systems of commercial establishments is undertaken so as to protect the public health and to protect the quality of surface and ground water supplies of the Town of Pound Ridge, the installation, repair, extension or alteration of a septic system serving any commercial "use" shall be undertaken in conformance with the standards of this chapter regarding commercial septic systems. These standards shall be in addition to any other septic system regulations which may be required by any state or County law or regulation. These standards shall also apply to subsurface septic disposal areas intended to serve a commercial "use" whenever application for special permit or site plan approval has been made pursuant to Article VIII or IX of this chapter. These standards are as follows:
(1)
For any activity which requires the site plan approval of the Planning Board or the approval of a special permit by the Town Board, the following information in addition to that specified in Subsection C(3) shall be submitted on a plot plan prepared by a licensed professional engineer as part of the application for approval.
(a)
Location of the existing and proposed septic disposal area and proposed expansion areas.
(b)
Location of the proposed well and any existing wells, sewage disposal area, bodies of water, wetlands and culverts within 200 feet of the proposed disposal area and expansion area.
(c)
Locations of deep test holes and percolation test holes, as required by the Westchester County Health Department and by Subsection D(2)(a) below:
(2)
Each proposed sanitary septic disposal area and expansion area shall be so designed as to meet the minimum requirements of the Westchester County Department of Health and, in addition, shall meet the following standards:
(a)
Deep test holes and percolation test holes shall be dug in both the proposed disposal area and the expansion area in accordance with the schedule below:
[1]
One deep test hole and two percolation test holes for every 2,000 square feet or fraction thereof of proposed disposal area and for every 2,000 square feet or fraction thereof of proposed expansion area.
[2]
In order to assure that existing subsurface conditions are fully explored and documented, the Town Engineer may require that additional test holes be dug at locations to be designated by said Engineer.
[3]
Upon selection and approval of the test hole sites, the applicant shall notify the office of the Town Engineer who shall witness the tests.
(b)
In both the areas proposed for primary disposal and system expansion, the groundwater level shall not be less than four feet below the undisturbed existing ground surface unless otherwise permitted by the Town Engineer. This shall be verified by application as consistent throughout the year. If the groundwater level cannot be verified by other field indicators, then, at the discretion of the Town Engineer, deep hole and percolation tests shall be limited to the months of March 1 through June 15, or as specifically designated by the Town Engineer.
(c)
No primary septic disposal area or proposed expansion area may be located in an area where percolation rate tests have exceeded 15 minutes per inch.
(d)
In the site proposed for the primary septic disposal area or proposed expansion area, there shall be at least six feet from the existing, undisturbed ground surface to rock. This shall be verified at the time of deep test hole inspection by a designated Town representative.
(e)
No primary septic disposal area or proposed expansion area may be located within 25 feet from any property line.
(f)
Curtain drains shall be located at least 15 feet from the disposal area on the upgrade side and 25 feet from the sides of the disposal area. Curtain drains shall not be permitted adjacent to the septic system in any location downgrade of the subsurface flow.
(g)
Other conditions of septic system design may include engineering improvements required by the Town Engineer and approved by the Planning Board or other otherwise required to ensure conformance with other local laws and regulations.
(h)
For subsurface, on-site septic designs, other than leaching trenches, the Planning Board may establish additional guidelines and procedures in accordance with the generally accepted engineering standards.
F.
Review by other agencies. The Planning Board shall, where appropriate, submit copies of the site plan application to the Building Inspector, the Town Engineer and the Highway Department. The Planning Board may also submit copies for information, review and comment regarding facilities under their jurisdiction to any local, County, state or federal agency with jurisdiction. All agencies shall have 30 days from the date of forwarding to submit a written report. Such time limit may be extended by mutual agreement with the applicant. The Planning Board shall, in addition, forward copies to the Westchester County Planning Board at least 30 days prior to final action, when such proposed development abuts a state or County highway, park, drainage channel or "building" site in accordance with § 239-m of the General Municipal Law. An act contrary to the recommendations of the County Planning Board shall require a vote of a majority plus one of all the members of the Planning Board. Within 30 days after final action, the Planning Board shall file a report of the final action it has taken with the County Planning Board.
G.
Staged development. Where the staging of a development is contemplated, a plan for the ultimate development of the entire property shall be submitted. The site plan shall show and shall be approved for only the stage(s) for which construction will begin within 12 months of the date of final approval by the Planning Board.
H.
Additional submissions. Where, due to special conditions unique to a site, or to the size, nature or complexity of the proposed "use" or development of land or "buildings," the Planning Board finds that additional data are necessary for the proper review of the site plan, the Board may require such data to be included in the required submission of said plan.
§ 113-62 Special permit applications.
§ 113-63 Public hearings.
[Amended 5-4-2006 by L.L. No. 4-2006]
The Planning Board shall schedule and conduct a public hearing on each site plan application, except in those cases where the hearing requirement may be waived by said Board, within 62 days from the date of the meeting at which a proper and complete application has been received. Notice of said public hearing shall be the responsibility of the applicant. Such a notice shall include a copy of the application and such other information as the Planning Board may deem appropriate, and be sent, by way of certified mail, at least 14 days prior to the date of said hearing at which the application is to be heard. Notification shall be sent to all property owners of record within a distance of 500 feet from the boundary of the property. A receipt verifying said notice has been sent and received, or that best effort has been made, shall be submitted to the Planning Board Secretary at least five days prior to said meeting.
§ 113-64 Time for Planning Board decision.
Within 62 days of the date of the close of the public hearing, or of the date that the application was received if no hearing has been held, the Planning Board shall decide whether to approve, approve with modifications or disapprove the site plan. The time at which the Planning Board must arrive at its decision may be extended at the request of the applicant or as necessary for the Planning Board to complete all necessary environmental review requirements pursuant to the State Environmental Quality Review Act (SEQRA).[1] A copy of the Board's decision shall be filed in the office of the Town Clerk within five business days after such decision is rendered, and a copy thereof mailed to the applicant.
[1]
Editor's Note: See Environmental Conservation Law Article 8.
§ 113-65 Conditional approval.
A.
The Planning Board may require such conditions, modifications and safeguards in conjunction with its approval of a site plan as said Board determines necessary to assure that the requirements and intent of the Town's applicable laws, regulations and plans will be complied with. Such conditions may include any applicable requirement which the Planning Board has heretofore been empowered by virtue of provisions of the Town Law to impose as a requirement with regard to the approval of plats and such reasonable conditions and restrictions as are directly related to or incidental to a proposed site plan. All required improvements, and compliance with all applicable laws and regulations of the Town Code, shall be guaranteed by a performance and restoration bond, or other suitable form of financial security deemed acceptable by the Town Attorney, in accordance with the provisions of § 113-92.1. The Planning Board shall also have the power to waive, subject to appropriate conditions, any requirements as, in its judgment of the special circumstances of a particular site plan, are not requisite in the interest of the public health, safety and general welfare. Such conditions of approval shall include adequate provisions for improvements to be made within the "street" right-of-way where such improvements may be necessitated by the additional pedestrian and/or vehicular traffic to be generated from the new, enlarged or changed development, and such improvements shall be designed to be consistent with the overall improvement plan for such "street(s)."
[Amended 4-11-2003 by L.L. No. 4-2003]
B.
Conditions for approval for the installation, repair, extension or alteration of a commercial septic system shall include conformance with the Planning Board's regulations for commercial septic systems. These regulations shall be in addition to any other septic system regulations which may be required by any state or County law or regulation.
§ 113-66 Expiration of approval.
Site plan approval obtained pursuant to the procedures and requirements in this chapter shall expire if a building permit is not issued and construction begun within a period of one year or if construction is not completed within a period of three years from the date of approval.
§ 113-67 Issuance of certificates of conformance and occupancy; surety.
The Building Inspector may issue certificates of conformance and occupancy after all requirements of site plan approval, and/or special permit approval which requires the preparation of a site plan, have been completed or temporary certificates of conformance and occupancy after the applicant has provided surety covering all uncompleted requirements in such amount as shall be set by the Planning Board and in such form as meets the approval of the Town Attorney. All site plan requirements for which surety is posted shall be for a term to be determined by the Planning Board based upon the recommendation of the Town Engineer to guarantee their proper installation and maintenance. The Building Inspector shall report to the Planning Board when the requirements, construction, installation and all other items of the site plan have been completed, at which time the Planning Board may authorize the release of the surety. Failure to complete any improvements covered by the surety within the terms established by the Planning Board shall render the temporary certificates of conformance and/or occupancy void as required in § 113-92 of this chapter, and such surety shall be called unless the term is extended by the Planning Board and surety for the new term posted.
§ 113-68 As-built plan.
A.
Upon completion of any development or redevelopment pursuant to an approved site plan, and prior to the issuance of a certificate of conformance and occupancy, the applicant shall submit to the Building Inspector an as-built plan prepared and certified by a licensed engineer or surveyor showing the location of all site improvements as constructed.
B.
The as-built plan shall be reviewed by the Town Engineer and/or the Building Inspector to determine if it is in conformance with the Zoning Code, the approved site plan and related requirements of the Planning Board and any conditions of a special permit or variance. Where the Town Engineer and/or the Building Inspector determines that the as-built plan is not in conformance, no certificates of conformance and occupancy shall be issued by the Building Inspector unless either the construction is corrected or a revised site plan is submitted to and approved by the Planning Board except as provided below.
[Amended 4-9-1998 by L.L. No. 3-1998]
C.
Field changes.
(1)
During construction, the Town Engineer or Building Inspector may authorize or require, at his own determination or upon the request of the applicant, minor adjustments to the approved site plan when such adjustments are necessary in light 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 spirit and intent of the approved site plan. The Town Engineer or Building Inspector shall notify the Planning Board of such adjustments, in writing, at the next regularly scheduled Planning Board meeting, and said notification shall be entered into the record of the Planning Board.
(2)
Where unforeseen conditions are encountered which require any material change to an approved site development plan, or where the developer wishes to modify the approved plan for other reasons, an amended site plan shall be filed with the Planning Board for review and approval in accordance with the same procedures required for initial applications.
§ 113-69 Conformance with approved plan.
Continued conformance with any approved site plan shall be required as a condition of the continuance of any certificate of conformance and certificate of occupancy for the land or "building" to which it applies. Failure to so maintain or continue conformance shall be considered cause for revocation or removal of such certificate and the immediate discontinuance of the approved "use."
§ 113-70 Planning Board initiative.
A.
Area site plans. The Planning Board may, on its own initiative, propose a general or specific site plan to serve as a guide for future developments in any area where site development plan approval may be required in the future. Such area site plan shall be based upon the requirements of this chapter and the Town Plan.
B.
Area design plans. The Planning Board may, on its own initiative, propose a general or specific site design plan to serve as a guide for future developments in any area where site development plan approval may be required in the future. Such area design plan shall be based upon the requirements of this chapter and the Town Plan. Such area design plan may establish guidelines applicable to the layout and design of one or more sites as well as the "building" located thereon, including but not limited to standards for landscaping, lighting, signage, utility installation, paving materials, pedestrian amenities, "building" materials, colors and architectural style.