Tarrytown City Zoning Code
ARTICLE XVI
Site Development Plan Review
§ 305-131 Subdivisions; cluster development.
B.
The subdivision or lot line change of any lot, block, parcel or site into separate ownership lots for any purpose or compatible use permitted pursuant to this Article XVI of this chapter shall be permitted upon compliance by the applicant with the Village subdivision review procedures as administered by the Village Planning Board, except that a subdivision plat showing land ownership and use shall be approved and endorsed by the Village Planning Board pursuant to §§ 7-728, 7-730, 7-732, 7-738 and 7-740 of the Village Law of the State of New York pertaining to subdivision control and the State Department of Health as may be required and shall be filed in the office of the Westchester County Clerk prior to the issuance of building permits.
C.
In addition to the requirements stated above, every applicant seeking subdivision approval must provide a conventional plan and a clustering plan for consideration by the Planning Board.
(1)
The conventional plan must conform to all environmental set-asides, minimum lot size requirements and all other zoning requirements, including the maximum number of allowable lots.
(2)
The clustering plan must meet the following parameters:
(a)
The number of lots may not exceed the maximum number of lots in the conventional plan.
(b)
A minimum of 33% of buildable land, which shall exclude land area defined by the Village of Tarrytown as wetlands, steep slopes of 25% or greater and hilltops, as set forth in § 305-67 of the Zoning Ordinance, shall be set aside as open space.
(c)
The minimum lot size in the clustering plan may be reduced to no less than 50% of the otherwise minimum lot size permitted in the applicable zoning district.
(d)
The Planning Board may modify all lot and bulk regulations, including lot width, frontage, setbacks, yards, floor area ratios and building height, if it makes findings that three of the criteria for such modifications, hereinafter set forth, have been met. Building heights in the ordinance shall not exceed a maximum average finished grade of 2 1/2 stories or 25 feet as defined in the Zoning Ordinance and as permitted throughout the Village.
(e)
Criteria for permitting modifications to lot and bulk regulations:
[1]
The amount of open space provided is in excess of the minimum standard of 33%, including both buildable and nonbuildable lots;
[2]
The location of proposed open space enhanced by its relation to neighborhood preservation issues as identified by the Planning Board;
[3]
Environmentally valuable, sensitive lands and other resources are protected;
[4]
The open space is enhanced;
[5]
Linkages to other open space areas are provided;
[6]
Viewsheds are protected;
[7]
Recreational assets are provided;
[8]
Environmental features, including specimen trees, steep slopes, wetlands, hilltops and other features, are protected;
[9]
Historic and/or cultural resources are protected.
(f)
When reviewing clustering plans within the context of the above criteria, the Planning Board shall carefully balance each request for flexibility in lot and bulk controls with the overall impact that the plan has on the surrounding area and its environmental features, including the dimensional parameters and adjacent properties.
D.
The future ownership of the resulting open space preserved in an approved clustering plan shall be completely at the applicant's discretion. The applicant may donate the land to the Village; however, in the event that an offer of donation is not accepted by the Board of Trustees, or if the applicant chooses to retain his/her ownership rights, the applicant shall grant a conservation easement to a not-for-profit organization, approved by the Village Board of Trustees, which shall provide that the created open space will never be developed. If neither the Village nor any not-for-profit organization wants to hold the conservation easement, then the applicant shall grant the conservation easement to a homeowners' association.
E.
An approved clustering subdivision plat must include a map note indicating that it was approved as a cluster and the same must be identified with reference to the approving resolution for the subdivision; furthermore, for future reference, the approved building coverage for each parcel of the cluster subdivision must be designated on the subdivision plat.
§ 305-132 Uses subject to site plan review; amendments; exception in RR Zone.
A.
In accordance with § 7-725 of the Village Law,[1] site development plan approval by the Planning Board shall be required for:
(1)
The erection, enlargement, rehabilitation, conversion, change of use that requires an increase in the minimum off-street parking requirements, change of occupancy or reuse of all buildings including new homes and additions to existing homes where the proposed addition increases the footprint of the existing home by 25% or more or results in a square footage or FAR increase of 50% or more. The Planning Board shall have the authority to review and approve site plans upon those proposed lots which it deems appropriate in the interest of the general welfare and to minimize any potential adverse impact.
(2)
All uses of land where no building is proposed, including the proposed use and development of all land within proposed subdivisions.
(3)
Any change, addition or modification to land or buildings whatsoever in any area of the Village designated as an historic district or historic landmark by the Village Board. Said site plan review shall include any recommendations submitted by the Village Architectural Review Board.
[1]
Editor's Note: Village Law § 7-725 was repealed by L. 1992, c. 694, § 3, effective 7-1-1993. For current provisions see Village Law § 7-725-a.
B.
In all cases where any amendment of any such site development plan (the "plan") is proposed, the applicant shall secure the approval of the amendment by the Planning Board. No building permit may be issued for any building within the purview of this section until an approved site development plan or amendment of any such plan has been secured by the applicant and presented to the Code Enforcement Officer. No certificate of occupancy may be issued for any building or use of land within the purview of this section unless the building is constructed or used or the land is developed or used in conformity with an approved site development plan or an amendment of any such plan. Prior to review and approval by the Planning Board, the Code Enforcement Officer shall certify on each site development plan whether or not the plan meets the requirements of the chapter other than those enumerated in sections of this chapter regarding site development plan approval.
C.
In the RR Restricted Retail Zone, if the Building Inspector finds that a change of use or occupancy will not require an increase of more than five off-street parking or loading spaces beyond that required for the previous use, or in the number of spaces actually approved for construction to serve the use as of the effective date of the provision, and the applicant does not have land available on site for parking or does have land on site that cannot be accessed from public rights-of-way, site plan approval requirements may be waived by the Building Inspector. The decision of the Building Inspector can first be reviewed by the Village Administrator and then by the Planning Board.
§ 305-133 Site development plan approval in WGBD and WD Districts.
All buildings and other uses of land within the Waterfront General Business District (WGBD) and the Waterfront District (WD) shall be subject to review by the Planning Board in accordance with the provisions of Article XVI.
§ 305-134 Application; contents.
At least 18 days in advance of the Planning Board meeting at which a site development plan, or an amendment of it, is to be presented, the information enumerated below must be submitted as required to the Secretary of the Planning Board in 12 copies, along with a letter of application. Prior to the first regular Planning Board meeting thereafter, copies of the submitted site development plan or amendment thereof shall be mailed or distributed by the Secretary of the Planning Board to all Planning Board members as well as but not limited to Village police, fire, building and administrative departments, to the Village consulting engineer, consulting landscape architect as well as to other Village consultants and officials and required referrals to the Westchester County Planning Department and other agencies as required or deemed appropriate by the Planning Board. All maps submitted must be at a scale of not less than 30 feet to the inch. The information to be submitted and which in total constitutes a site development plan follows:
A.
Legal data:
(1)
The names of all owners of record of all adjacent property and the lot, block and section number of the property.
(2)
Existing school, zoning and special district boundaries.
(3)
Boundaries of the property to be developed: building or setback lines, if different from those required in the Building Zone Ordinance, and lines of existing streets, lots, reservations, easements and areas dedicated to public uses. All lengths shall be in feet and decimals of a foot, and all angles shall be given to the nearest 10 seconds or closer if deemed necessary by the surveyor. The error of closure shall not exceed one to 10,000.
(4)
A copy of any covenants or deed restrictions that are intended to cover all or any part of the tract.
(5)
A tabular summary identifying how and to what degree the proposed development on the site development plan complies with each zoning standard or condition listed in Columns 2 through 20 of the schedule controlling land and buildings as noted in § 305-11[1] or in any other development standard expressed or interpreted by the Planning Board as being expressed in any other section of this chapter. Said table shall be known as a "zoning standards comparison table" and may be written on a copy of the site development plan map. The zoning standards comparison table shall include at least the required minimum or maximum standards listed on the schedule. It shall also list the actual or proposed standard for each particular column on the schedule and may list any or additional information deemed appropriate by the applicant or the Planning Board.
[1]
Editor's Note: The schedule is included at the end of this chapter.
C.
Topographic data:
(1)
Existing contours with intervals of two feet, referred to a datum satisfactory to the Board. Where the variations in elevation above or below the average level of the street in front of the property exceed 10 feet, or where any slope exceeds 25%, the application shall be accompanied by a map showing the contours at two-foot intervals, certified to by a licensed surveyor and showing the relation of the structure thereto and the safe and adequate access thereto.
[Amended 9-20-2010 by L.L. No. 9-2010]
(2)
The location of existing watercourses, marshes, wooded areas, rock outcrops, single trees with a diameter of eight inches or more measured three feet above the base of the trunk and other significant existing features.
D.
Development data:
(1)
The title of the development: the date, North point, scale and name and address of the record owner, engineer, architect and land planner or surveyor preparing the site development plan.
(2)
The proposed use or uses of land and buildings and the proposed location of buildings, including proposed grades, facades and other architectural features.
(3)
All proposed lots, easements and public and community areas.
(4)
All proposed streets with profiles indicating grading and cross sections showing the width of the roadway, the location and width of sidewalks and the location and size of utility lines, according to the standards and specifications contained in the Street Improvement Specifications of the Village of Tarrytown. All lengths shall be in feet and decimals of a foot, and all angles shall be given to the nearest 10 seconds or closer if deemed necessary by the surveyor. The error of closure shall not exceed one to 10,000.
(5)
All means of vehicular access and egress to and from the site onto adjacent streets.
(6)
The location and design of any off-street parking areas or loading areas, including the proposed surfacing of the same.
(7)
The location of all proposed water lines, valves and hydrants and all sewer lines or alternative means of water supply of sewage disposal and treatment.
(8)
The proposed location, direction, power and time of proposed outdoor lighting.
(9)
The proposed screening and landscaping, including a planting plan prepared by a qualified landscape architect.
(10)
The proposed location, height and design of any proposed fences.
(11)
The proposed stormwater drainage system.
E.
Additional material to be submitted:
(1)
All residential site plan applications must include a scaled street elevation drawing showing the proposed structure on the site, as well as existing buildings on adjacent and neighboring lots. Such drawings may be simple line drawings with sufficient detail to clarify the relationship of proposed structures to existing neighboring structures and significant landscape features. For site plan applications involving corner lots, a scaled street elevation drawing must be provided from both streets. All vertical measurements shown on the elevation drawing must be measured from predevelopment grade. At the discretion of the Planning Board, a photo montage of digital photographs and superimposed drawings may be submitted in place of the scaled street elevation drawing. Such a photo montage must be signed by the applicant to certify its accuracy.
(2)
Under circumstances as deemed appropriate by the Planning Board, such as in the case of major site plans or other special or unique development projects or proposals, the Planning Board may request the applicant to submit whatever data or information which the Planning Board deems relevant and appropriate, such as, but not limited to: supplemental information pertaining to any information required in this section or in other sections of the Local Zoning Law; a three-dimensional model or models of the proposed development, including size relative to surrounding buildings, building materials and architectural styles and basic landscaping; and environmental data.
(3)
Applicants must identify every element of the subdivision and site development plan that require variances, waivers, permits or any other relief from the Code of the Village of Tarrytown and/or of the Laws of the State of New York. For each such element, the applicant shall provide an explanation of why the variance, waiver, permit or other relief requested complies with the requirements of the Code of the Village of Tarrytown and/or with the Laws of the State of New York for such relief and why it would be beneficial to the health, safety and welfare of the residents of the Village of Tarrytown to grant the requested relief taking into consideration the character of the nearby neighborhood, the impact to nearby properties and the effect or impact on the physical and environmental conditions of the area.
[Added 6-18-2012 by L.L. No. 3-2012]
§ 305-135 Review procedures; standards.
The Planning Board shall review the plan or any amendment of it.
A.
In considering the approval of the site development plan, the Planning Board should take into consideration the public health, safety and general welfare and the comfort and convenience of the public in general and the residents of the immediate neighborhood in particular and shall make any appropriate conditions and safeguards in harmony with the general purpose and intent of this chapter and particularly in regard to achieving:
(1)
The maximum safety of traffic access, ingress and egress.
(2)
A site layout (including the location, power, direction and time of any outdoor lighting of the site) which would have no adverse effect upon any properties in adjoining residence districts by impairing the established character or the potential use or properties in such districts.
(3)
The reasonable screening at all seasons of the year of all playgrounds and parking and service areas from the view of adjacent residential properties and streets.
(4)
Conformance of the proposed site development plan with such portions of the Master Plan of the Village of Tarrytown as may be in existence from time to time.
(5)
In applicable cases, a drainage system and layout which would afford the best solution to any drainage problem.
(6)
The reduction to a minimum of the dissemination of smoke, gas, fumes, dust, odor or other atmospheric pollutants or toxic substances outside the building in which the use is conducted.
(7)
The control of noise perceptible beyond the boundaries of the site of the use.
(8)
The prevention of the discharge of untreated or insufficiently treated or toxic wastes into any watercourse.
(9)
The prevention of the dissemination of vibration, heat or electromagnetic interference beyond the immediate site on which the use is located.
(10)
The prevention of physical hazard by reason of fire, explosion, radiation or any similar cause.
(11)
The regulation and control of the generation and flow of vehicular traffic so as to help prevent hazardous conditions, traffic congestion and excessive noise in the streets.
(12)
The prevention of objectionable glare from lighting sources extending beyond the boundaries of the site in use.
B.
In applicable cases, a phased schedule for construction and completion of each particular site plan approved, which schedule shall not exceed four years from the date of the record of Planning Board approval to the date of final phase review, shall be included in any Planning Board approval. Said phased schedule shall be completed prior to the issuance of a final certificate of occupancy. The Planning Board may extend said completion period for up to one year, for a total of five years, for good cause. The applicant shall be responsible for obtaining the final site plan certificate of occupancy within the time period authorized by the Planning Board. Should the schedule for construction be exceeded and the deadline for completion passed, the site plan approval shall be considered null and void, and any building permits or temporary certificates of occupancy or partial certificates of occupancy shall be revoked, notwithstanding that the applicant or his successors shall have the right to reapply for site plan approval.
C.
All elements of an approved site plan or other permit approval, including landscaping, shall be maintained in a neat, healthy and viable condition as a prerequisite of an approved and valid certificate of occupancy.
D.
Grading plan.
(1)
All applications for new construction and additions, whether or not in wetlands, steep slopes, hilltops or areas of high ground, made to the Architectural Review Board, the Planning Board and/or the Zoning Board of Appeals must include a grading plan. The proposed grading plan must clearly indicate the grading of the site to the building foundation, with measurements from the first-floor elevation. The plan shall be incorporated by reference and made part of any approval granted by the Architectural Review Board, Planning Board and/or Zoning Board of Appeals.
(2)
The Planning Board shall ensure that the proposed grading for new construction and landscaping respects the natural contour of the subject terrain wherever possible. The following grading standards shall apply to all grading of land subject to these regulations:
(a)
No manufactured slope shall exceed 30 feet in height, except that slopes required for public streets may exceed 30 feet in height if no feasible alternative consistent with the findings (Section 8177) exists.
(b)
Where grading is necessary, the principles of contour grading should be employed.
(c)
Manufactured slopes should be rounded and shaped to simulate the natural terrain.
(d)
Grading should follow the natural topographic contours as much as possible.
(e)
Manufactured slopes should blend with naturally occurring slopes at a radius compatible with the existing natural terrain.
(f)
Grading on naturally occurring slopes of 20% grade or more which have a vertical height of more than 30 feet shall not occur unless such grading becomes necessary and is specifically approved by the Planning Board or Board of Trustees after making the appropriate findings. A detailed plan for slope stabilization shall be submitted by the applicant.
(g)
No manufactured slope shall have a slope angle steeper than two horizontal to one vertical (2:1). Shallower slope angles may be required if detailed soils and geologic investigations indicate such.
(h)
Manufactured slopes should be screened from view under or behind buildings or by intervening landscaping or natural topographic features.
(i)
At the time of formal application, a preliminary grading plan shall be submitted detailing the extent and nature of proposed grading. Such a plan should include, but not be limited to:
[1]
Preliminary cross sections detailing both the original and proposed ground surfaces, with grades, slopes and elevations noted.
[2]
A preliminary soil stabilization report, including proposed final ground cover, landscaping and erosion control.
[3]
Erosion control measures to prevent soil loss when grading is in process.
E.
Wetlands and steep slopes protection.
(1)
In the course of site plan review, the Planning Board shall require the protection of wetlands and steep slopes. These wetlands and steep-slope areas shall be excluded from use and development, and, except in MU Zones, 50% of such wetlands and steep-slope area shall be excluded from the calculation of development potential.
(2)
For the purposes of this section, steep slopes shall be defined as those slopes which have an area with an average slope equal to or greater than 25% with a minimum area of 200 square feet and a minimum width perpendicular to the natural contour of 10 feet; however, both the Zoning Board of Appeals and the Planning Board may waive from including within this definition of "steep slopes" the following:
(a)
Utilization of an area, which would otherwise be excluded pursuant to this section as a steep slope, for the limited purpose of landscaping that does not change the contour of the steep slopes or public safety.
F.
Tree replacement and maintenance policy.
(1)
The Village of Tarrytown wishes to preserve the large number of long-lived specimen trees on its developable land, where practicable. In accordance with the provisions of Chapter 281 of the Village Code, it is recommended, therefore, that the developers take every precaution toward the preservation of major existing trees, as well as to promote the maintenance of major open spaces which may enhance these trees. Every effort must be made to preserve existing trees and shrubs of unique value. If practical, plant material may be transplanted on site. All existing trees of unique value and those that are noted to be preserved and which may subsequently be lost as a result of site development and which were:
(a)
Of less than 10 inches' caliper may be required to be replaced by one tree per two trees removed, at a minimum of six feet in height.
(b)
Of 10 inches' caliper to 20 inches' caliper may be required to be replaced at one tree per one removed, at a minimum of nine feet 11 inches in height, 1 1/4 inches' caliper to 1 1/2 inches' caliper.
(c)
Of 20 inches' caliper to 30 inches' caliper may be required to be replaced at one tree per one removed, at a minimum of 13 feet to 15 feet in height, 2 1/2 inches' caliper to three inches' caliper.
(d)
Of 30 inches' caliper or specimen quality may be required to be replaced at one specimen tree of the same species per one tree removed, minimum 16 feet in height, four inches' caliper to 4 1/2 inches' caliper.
(2)
Tree Replacement Fund. In accordance with the provisions of Chapter 281 of the Village Code, the cost to the community of the removal of major existing trees or woodland should be reflected in an increased landscape development cost to the project. The total value of all major trees with a ten-inch caliper or greater that are to be removed will be an additional cost to the developer. These funds will be put toward upgrading the minimum required standard of plant materials or additional specimen tree plantings. If the site is fully landscaped to the satisfaction of the Planning Board, remaining tree replacement funds shall be used for providing street trees or specimen trees on public rights-of-way or other public land in the vicinity of the project.
G.
The following factors shall be considered in the review of site development plans for buildings or facilities within view of or affecting public views of the Hudson River:
(1)
The quality and extent of views from the adjacent public streets and other public areas through the property to the Hudson River. (See also Zoning Schedule, Column 4, Subsection P.[1])
[1]
Editor's Note: The schedule is included at the end of this chapter.
(2)
The design and relationship of development to the waterfront as viewed from the Hudson River. The riverfront facade of any building located on a waterfront parcel should be treated architecturally as a principal facade, and not as the back of the structure. The architectural treatment of the base of the riverside portion of the structure should enhance the appearance of the waterfront as viewed from the river to the extent possible. (See also Zoning Schedule, Column 4, Subsection P.)
(3)
The following treatments are discouraged on the riverfront of waterfront parcels: blank or predominantly blank walls with few or no doors or windows; utility doors and staircases; truck docks; service drives; reflective glass at street level; parking; storage; electrical or mechanical equipment; trash or garbage containers or other building maintenance facilities or equipment; billboards or freestanding commercial signs; ventilator exhausts; concrete road barriers and utility guard rails. Such treatments shall be screened with plantings, architecturally treated walls and other appropriate means.
(4)
The design and function of any easement or other access provided to the water's edge, including new bulkheading.
(5)
The eligibility of the proposed development to utilize any of the development incentives set forth in § 305-125.
(6)
The adequacy of landscaping, screening and buffering, as follows:
(a)
All sidewalk, open spaces, parking areas, boat storage areas and other similar service areas shall be landscaped and/or paved in a manner which will harmonize with proposed buildings. Materials for paving, walls, fences, curbs, benches and other street furniture will be attractive, durable, easily maintained and compatible with the exterior of adjacent buildings.
(b)
Structures and outdoor activities (including outdoor eating areas) will be reasonably screened from adjacent properties. Landscaping and buffer zones will be provided to reduce noise, dust and visibility. The Planning Board may require buffer landscaping, fencing or screening to separate different types of land uses and outdoor activities and to screen utility buildings, refuse collection areas, cooling systems and other similar installations and features from adjacent properties, roadways and pedestrian walkways.
(c)
Landscape materials selected shall be native species appropriate to the growing conditions of the environment of the waterfront area and this climatic zone. Vegetation should be planted in the ground rather than in aboveground planters to provide adequate root space and to avoid exposure to freezing winds. All plants, trees and shrubs shall be installed in accordance with a planting schedule provided by the developer and approved by the Planning Board.
(7)
Parking.
(a)
Freestanding parking structures and surface parking lots should not be built adjacent to the river.
(b)
Parking structures integrated into a larger building should not be located adjacent to a river walkway or esplanade. Integrated parking structures adjacent to the river should be designed in conformance with the guidelines below:
[1]
Floors adjacent to river walkways should be devoted to retail or other active uses, except for ingress and egress ramps. No portion of any floor adjacent to a river walkway should be used for parking.
[2]
The river facade (at least) should be finished with quality materials and given an attractive architectural treatment.
[3]
Vehicular access to the structure should have minimal impact on pedestrian circulation.
[4]
Ramping (sloping) floors, unfinished structural elements, lights or mechanical appurtenances should not be visible from public streets or public places.
[5]
Vehicles parked within the structure should be screened so that they are not visible from any portion of the exterior.
(c)
Alternative methods of meeting off-street requirements.
[1]
The WGBD Zoning District encourages a mix of land uses which have different peak operating hours and days, wherein the cumulative parking demand may be less than the sum of the peak demand values for each individual land use. In addition, the WGBD Zone is in close proximity to the large Metro-North parking lot, which has periods (i.e., evenings and weekends) when excess public parking is normally available. This may make it possible to share parking without conflict and to avoid a large surplus of parking spaces in the waterfront area. Also, because of the special nature of land along the waterfront, and because of the anticipated mix of land uses, other alternative parking solutions such as parking incorporated into buildings, valet parking and off-site parking may, in certain situations, also be appropriate.
[2]
The Planning Board shall be authorized to find that any portion of the off-street parking requirements of a development proposed in the WGBD have been satisfied when the applicant establishes to the Board's satisfaction that alternative solutions are appropriate and will provide adequate parking for the WGBD site and, if applicable, any other site involved in a shared parking plan. If an applicant wishes to use alternative parking methods, the applicant must submit a complete analysis to the Planning Board for review. This analysis must include estimates of peak parking demand for different land uses for different hours of the day and days of the week. It would also define strategies intended to incorporate alternative parking methods and the advantages of such strategies.
[3]
Alternative parking methods include the following:
[a]
Parking shared among various uses on site.
[b]
Provision of a portion of the total parking requirement off site, where appropriate arrangements for such shared parking can be made.
[c]
Provision for parking to be incorporated within buildings.
[d]
Valet parking.
[e]
Such other methods as the Planning Board deems appropriate.
H.
In the WGBD and WD Districts, the following standards shall apply to all new marina projects and yacht or boat club ("club") proposals as well as projects for expansion of existing marinas or clubs:
(1)
To the extent feasible, marina or club basins shall be designed for maximum tidal flushing and circulation due to river currents and the action of wind while maintaining safe levels of wave action within the protected basin. Minimum design criteria to promote flushing include:
(2)
Marinas and clubs shall be designed and laid out such that minimal and subsequent maintenance dredging will be required. Such physical attributes include natural depths at or exceeding minimal navigable depths, low rates of sediment transport and sufficient tidal action to promote flushing. Dredging shall be limited to the minimum dimensions necessary for the project.
(3)
Applicants must demonstrate that there is an adequate water supply to serve all of the project's needs.
(4)
Signs which identify the location of public rest rooms and of pumpout facilities shall be situated in visible locations.
(5)
New marina or club projects must incorporate best management practices in their design, including but not limited to the following:
(a)
Maximize pervious land surface and vegetative cover to minimize stormwater runoff and to prevent polluted waters from reaching adjacent waters and wetlands; direct runoff away from adjacent waters and wetlands to the extent feasible by site grading or other methods.
(b)
Runoff from parking lots, maintenance, fueling and wash-down areas must be treated in a manner that prevents oils, grease and detergents from reaching adjacent waters and wetlands. Accepted treatment methods include oil and grease filtering catch basins, retention areas and exfiltration systems.
(6)
Trash receptacles shall be properly sited to encourage the proper disposal of trash and waste.
I.
In the WGBD District, the following standards shall apply to all new hotels proposals:
(1)
A hotel shall not be less than two stories in height, with 17 or more sleeping accommodations and accommodations for meals within the principal structure.
(2)
The design, scale and appearance of units, structures and the entire facility shall be compatible with present and potential uses of adjacent properties and structures, and with the character of the district.
(3)
The proposed facility must be configured so as to prevent traffic congestion on adjacent and nearby public streets or highways.
(4)
Outdoor lighting shall be contained on the site and shielded to assure that lighting is not visible from neighboring lots.
J.
In the WGBD District, the following standards shall apply to all restaurants:
(1)
Outdoor lighting shall be contained on the site and shielded to assure that lighting is not visible from neighboring lots.
(2)
Provision for safe and sanitary storage and disposal of solid waste and process waste shall be shown and/or described in the site plan. Dumpsters and garbage disposal containers shall not be located on the waterward side of the building. The disposal systems shall be sufficient to safely and adequately handle the type and volume of refuse which can reasonably be expected to be generated by the land uses on site. Waste containers shall be effectively screened from public view and view from adjacent properties.
(3)
Seasonal outdoor dining may be permitted in an outdoor area by an existing eating and drinking establishment. Seasonal outdoor dining will be permitted only for the period beginning April 1 of each year to March 31 of the following year.
[Amended 3-7-2022 by L.L. No. 3-2022]
(4)
Outdoor dining areas must be located in such a fashion so that neither pedestrian walkways nor neighboring views are obstructed.
K.
Recognizing that rainfall becomes polluted with oil, greases, organic and inorganic wastes and other potentially harmful substances, it is the intent of the Village of Tarrytown to limit, to the extent feasible, the introduction of these contaminants into the waters surrounding the Village. New parking areas in the WGBD and the WD Districts shall be encouraged, where appropriate to the type and extent of vehicular use anticipated, to utilize porous pavements or other approved measures to reduce runoff. New development projects in the WGBD and WD Districts must incorporate best management practices in their design, including but not limited to the following:
(1)
Maximize pervious land surface and vegetative cover to minimize stormwater runoff and to prevent polluted waters from reaching adjacent waters and wetlands; direct runoff away from adjacent waters and wetlands to the extent feasible by site grading or other methods.
(2)
Treat runoff from parking lots and other areas in a manner that prevents oils, grease and detergents from reaching adjacent waters and wetlands.
L.
Recreational facilities. It shall be a condition of development plan approval, pursuant to New York State Village Law §§ 7-725-a, Subdivision 6(a), (b), (c) and (d), and 7-730, Subdivision 4(a), (b) and (c), that the applicant provide for recreational facilities.
§ 305-136 Waiver of required information.
Upon findings by 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 variance or 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, Master Plan or this chapter.
§ 305-137 Appeals.
Any person aggrieved by any decision of the Planning Board or any officer, department, board or bureau of the Village may apply to the Supreme Court for review by a proceeding under Article 78 of the Civil Practice Law and Rules.
§ 305-138 Fees.
A.
It shall be a requirement of Planning Board consideration of any site plan, amendment to a site plan, subdivision and any inspections conducted by the Code Enforcement Officer in the course of his prescribed duties that a fee be paid to the Village Clerk upon the filing of the application for review in an amount and manner as established by the Board of Trustees.
B.
Review services. The Planning Board, in review of any application for a site plan, compatible use permit and/or subdivision or amendment to a site plan, compatible use permit and/or subdivision, may refer such application to a planner, attorney, engineer, landscape architect, environmental expert or other professional as the Planning Board shall deem reasonably necessary to enable it to review such application as required by law. Fees charged by such professionals shall be in accord with fees usually charged for such services in the Metropolitan New York region and shall be no more than the fee charged to the Village for similar services. All such charges shall be paid by the Village. The applicant shall reimburse the Village for the cost of such professional review services, including the fees for the attorney assigned to represent the Planning Board, from the escrow account established in accordance with § 305-138C, upon submission of an invoice from the Village. All invoices for fees charged to applicants by consultants shall be reviewed and approved by the Village Administrator as to reasonableness before payment by the Village, and the applicant shall be provided with copies of the invoices charged against the escrow deposit. In the event an applicant believes that the charges invoiced are excessive, the applicant may file a written protest to the Village Board, within 15 days of receipt of the invoice, questioning such invoice, and the Village Board shall review the protest by the applicant and provide the applicant with a written response within 45 days of receipt of the protest. No certificate of occupancy shall be issued for the subject property until all review costs have been paid to the Village. The payment of such fees shall be required in addition to any and all other fees required by this or any other section of this chapter or any other local law.
[Amended 7-20-2015 by L.L. No. 3-2015]
C.
Escrow accounts. At the time of submission of any application before the Planning Board, an initial escrow of $2,500 shall be established with the application. The applicant shall then provide any additional funds to the Village for deposit into such account in the amount to be determined by the Planning Board based on its evaluation of the nature and complexity of the application. When the balance in such escrow account is reduced to 1/2 of the initial escrow amount or the amount established by the Planning Board, whichever is higher, the applicant shall deposit additional funds into such account to bring its balance up to the amount of the initial deposit. If such account is not replenished within 30 days after the applicant is notified, in writing, of the requirement for such additional deposit, the Planning Board may suspend its review of the application. A building permit or certificate of occupancy shall not be issued unless all professional fees charged in connection with the applicant's project have been reimbursed to the Village. After all pertinent charges have been paid, the Village shall refund to the applicant any funds remaining on deposit.
[Amended 7-20-2015 by L.L. No. 3-2015]
D.
Inspection fees.
(1)
In addition, inspection fees shall be required for the services of any and all Village employees and/or consultants and/or independent contractors for the inspection of any one or more of the following:
(2)
Such fees are to be in the sum of 6% of the cost of improvements, work and/or facilities inspected, such cost to be fixed by the Building Inspector after consultation with the Village Engineer or consulting engineer, the consulting landscape architect and any other necessary consultant. Fees must be paid prior to signing of the subdivision map or the issuance of a building permit.
E.
Recreation fees.
(1)
All development subject to site plan review and approval pursuant to Article XVI may be conditioned upon the payment of a recreation fee contribution to a Village Recreation Fund which may be established by the Board of Trustees pursuant to New York State Village Law § 7-725-a, Subdivision 6(a), (b), (c) and (d).
(3)
The fee to be placed in a recreation fund shall be established by the Board of Trustees and shall be increased annually based upon the CPI as of January 1 of each calendar year. The fee shall be paid on a per-lot or per-unit basis, whichever is greater. The Building Department shall be responsible for increasing the fee per the CPI and shall maintain a spreadsheet with the recreation fees going forward.
[Amended 12-3-2012 by L.L. No. 10-2012]
(4)
The fee due for the entire subdivision shall be paid prior to the Chair of the Planning Board signing the subdivision plat.
[Added 12-3-2012 by L.L. No. 10-2012]
F.
Enforcement of violations and payment of outstanding fees. No permits, variances, licenses, subdivision, site plan, or other approvals or authorizations shall be issued, no informal conference, preliminary review or other procedure in relation thereto shall be conducted by the Village Board, the Planning Board, Architectural Review Board, Zoning Board of Appeals, the Building Inspector or any other board, commission or agency of the Village unless and until:
(1)
All outstanding code violations chargeable to the owner, possessor, contractor, contract vendee or applicant, together with all penalties thereon, shall have been paid or resolved; and
(2)
All outstanding fees, including but not limited to inspection, consultant and recreation fees, due the Village from the owner, possessor, contractor, contract vendee or applicant are paid.
§ 305-139 As-built plans.
All plans approved by the Planning Board shall be constructed, developed and maintained in accordance with the plans approved. If, after approval, it is necessary to modify or amend an approved plan, it shall be resubmitted to the Planning Board for approval prior to the issuance of a certificate of occupancy. For any approved site plan, the applicant shall submit a copy of an as-built plan of the development certified to by a professional engineer to be filed in the records of the Planning Board and the Village Building Inspector.
§ 305-140 Performance and maintenance bonds.
In general, a certificate of occupancy shall not be issued by the Code Enforcement Officer until all improvements have been completed on a particular site plan. However, in phased development or in other instances where the Planning Board desires to assure ultimate completion of future improvements, the Planning Board may require and establish a bonding procedure pursuant or similar to § 7-730 of the Village Law. Said bonding procedure shall be applicable to all elements of the site plan considered by the Planning Board to be integral to the principal use of the site, such as but not limited to utilities, streets, sidewalks, parking, access, lighting and landscaping, and similarly, the establishment of maintenance bonding to ensure adequacy of performance.
§ 305-141 Public hearing.
The Planning Board shall fix a time within 45 days from the day an application for site plan approval is made for the hearing of any matter referred to under this section and shall give public notice thereof by the publication in the official newspaper of such hearing at least 10 days prior to the date thereof and shall decide the same within 45 days after such hearing; provided, however, that the time within which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Planning Board. The decision of the Planning Board shall immediately be filed in the office of the Village Clerk.
A.
All applicants, at least 10 days prior to the public hearing, shall send written notice by certified mail, return receipt requested, to all owners within 100 feet of the property and to any other such persons as the applicable board may deem necessary, all at the expense of the applicant. Property owners entitled to notice shall be those listed as owners on the record in the Village of Tarrytown Tax Assessor's office as of the date of mailing. The written notice shall contain information equal to the notice published in the newspaper, and proof of mailing receipts must be furnished prior to the public hearing.
B.
Any person making an application is further required to erect a sign facing each public street on which the property abuts, giving notice that such application has been made and that a public hearing will be held. Such signs shall be obtained from the Building Inspector. Signs are to be displayed for a period of not less than 10 days immediately preceding the hearing date or any adjourned hearing date. The sign shall not be set back more than 10 feet from any property or street line and shall not be less than two feet nor more than six feet above the grade at the property line. Said sign shall be affixed to a suitable frame which will assure visibility from the street at all times.
C.
At the commencement of the public hearing, the applicant is required to file an affidavit which states that the aforementioned public notice requirements have been complied with.
(1)
The affidavit shall provide the name of the applicant and the location of the property and must state the following:
(a)
That he/she has read and is fully familiar with the requirements with § 305-111 of the Tarrytown Zoning Code and that in accordance therewith he/she has caused written notice to be sent by certified mail, return receipt requested, to all interested parties as directed in the code and has caused a sign which complies with requirements of the applicable section of the aforesaid Zoning Code to be prominently displayed on the subject property in the required manner, giving notice to the public of the pending application, the date, time and place of the public hearing.
(b)
That the said sign has been continually displayed on the property for a period of 10 days immediately preceding the public hearing date.
(c)
That he/she makes this affidavit knowing that it shall be relied upon by the appropriate officials as proof of compliance with the requirements of the Zoning Code of the Village of Tarrytown.
(2)
The applicable board shall not proceed with the applicant's hearing unless the aforementioned affidavit has been filed.
§ 305-142 Planning Board review guidelines for site development plan approval.
A.
In its deliberations on site plans and other matters within its jurisdiction and responsibilities, the Planning Board shall be guided by this section in general but shall not be bound by any specific provisions herein.
B.
The Planning Board may hold a public hearing, if deemed appropriate, in the same manner required under the law for the approval of subdivision plats and may approve or recommend the approval of a site plan as may be required herein, provided that it shall find to its satisfaction that all of the applicable conditions and standards enumerated in this section regarding the environmental, functional, aesthetic and socioeconomic impact of the proposed development have been met.
C.
In acting on any proposed site plan, the Planning Board shall take into consideration the requirements of this chapter of the Village of Tarrytown, New York, the Village Comprehensive Plan and the Official Map, as they may exist. The Planning Board shall submit the proposed site plan to the Architectural Review Board for comments and suggested revisions within five days of receipt of a complete application, as defined by the Planning Board. The Planning Board shall also consider the comments and recommendations of all agencies to which referral is mandated by law or made by Planning Board choice. The Planning Board and the applicant shall be guided by the following site plan design and development principles and standards in approving, approving with conditions or denying approval of a site development plan for good cause:
(1)
The site in general.
(a)
The proposed location of main and accessory buildings on the site and their relation to one another; traffic circulation within the site; height and bulk of buildings; provision of utilities, such as water, sewer, power and telephone; disposition or disposal of solid and fluid wastes; provision of off-street parking space; provision of buffer areas and other open spaces on the site; and display of signs and external lighting shall be such that any development will adequately handle pedestrian and vehicular traffic within the site and in relation to the street system adjoining and will harmoniously and satisfactorily fit in with contiguous land and buildings and adjacent neighborhoods. Attention shall be paid to the preservation of historic artifacts. In addition, with the assistance of the Village Engineer or consultant, as may be desired, the Planning Board shall consider the factors of drainage, road alignment and other engineering aspects of such site plan.
(b)
The location and size of the use, the nature and intensity of the operations involved in or conducted in connection with it, the size of the site in relation to it and the location of the site with respect to streets giving access to it shall be such that it will be in harmony with the appropriate and orderly development of the district in which it is located.
(2)
Visual characteristics.
(a)
Buildings or structures which are a part of a present or future group or complex should have a unity of character and design. The relationship of forms and the use, texture and color of material should be such as to create a harmonious whole. When the area involved forms an integral part of, is immediately adjacent to or otherwise clearly affects the future of any established section of the Village, the design scale and location of the site should enhance rather than detract from the character, value and attractiveness of the surroundings. Buildings or structures should be designed, located and constructed so as to achieve visual harmony with the surroundings.
(b)
All exterior walls visible to public or adjacent property should be designed to create a harmonious whole. Materials should express their function clearly and should not appear as a material foreign to the rest of the buildings. It is not to be inferred that buildings must look alike or be of the same style to be harmonious. Harmony can be achieved through the proper consideration of scale, proportions, site planning, landscaping, materials and color. Buildings which are symbolic in design for reasons of advertising and buildings which are not compatible with the atmosphere of the Village will not be allowed. Symbols attached to buildings will not be allowed unless they are secondary in appearance to the building and are an aesthetic asset to the building project and neighborhood.
(c)
Exterior lighting may be used to illuminate a building and its grounds for safety purposes but in an aesthetic manner. Lighting is not to be used as a form of advertising in a manner that is not compatible to the neighborhood or in a manner that draws considerably more attention to the building or grounds at night than in the day or that violates any section of this chapter. Lighting following the form of the building or part of the building will not be allowed if the overall effect will be garish or detrimental to the environment. All fixtures used in exterior lighting are to be selected for functional and aesthetic value.
(d)
Drive-in windows; retail or wholesale establishments.
[1]
Drive-in, takeout or pickup windows or retail or wholesale establishments should not be located on an exterior building wall that faces a public right-of-way and should be designed in such a manner as to be an aesthetic asset to the building and neighborhood.
[2]
All exterior forms, whether or not attached to buildings, should be in conformity with and secondary to the building. Aesthetically, they should be designed as an asset to the site and to the neighborhood.
[3]
Service should be confined to a space built into the building or buildings or enclosed in a separate structure compatible with the main building.
(e)
No advertising will normally be allowed on any exposed amenity or facility, such as benches and trash containers or telephone booths.
(3)
Landscaping and planting plans. Each proposed site development plan shall be reviewed for landscape and screening design and planting to determine such matters as compatibility of all trees, shrubs, ground cover, walls and fences, mounding, paths, lighting, etc., with the natural topography and site characteristics of the project.
(a)
Emphasis will be placed upon landscaping as a means of achieving proper function, safety, beauty, guidance and convenience in the community. The location, nature and height of walls and fences and the nature and extent of the landscaping on the site should be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings.
(b)
Landscaping design and planning should be integrated with the overall site design and should not be considered as an afterthought. Proposed landscape design schemes will be evaluated in their relationship to the existing natural landscape, developed and other proposed landscape, including that on adjacent properties.
(c)
The existing natural landscape character should be preserved whenever and wherever possible. For example, in an area containing a stand of trees, the developer should preserve as many of the healthy trees as possible and further landscape in a complementary manner rather than destroy the existing trees and replant with a type of plant material foreign to the local natural environment. Landscaping includes not only the design and installation of plant material but also paving, benches, fountains, exterior lighting fixtures, fences and other items of outdoor furniture serving the pedestrian. The design of these items should complement the total design of the space.
(d)
Some of the uses of landscaping may be to screen, to buffer, to accentuate boundaries or edges and to mask out or conceal an objectionable area. The achievement of this is left to the designer, whether by walls, fences, mounds of earth or vegetation. Screening shall be employed to mask from the public view or adjacent properties such service areas as trash and garbage areas, outside equipment of an unaesthetic character and accessory buildings or areas not enhancing or in keeping with the aesthetics of the project or neighborhood. Landscaping shall be designed in such a manner as to impart its aesthetic character when viewed from an area accessible to the public or from adjacent properties.
(e)
All landscaping and plantings designated on the plans shall be of a specified height before a certificate of occupancy is issued. Details and specifications shall be provided for all facets of the landscape project, including but not limited to planting, soil preparation, tree staking and guying, separation of different types of planting areas and installation details.
(f)
The following guidelines represent the general types of landscape and screening design elements to be considered in site plan review. Projects may include other criteria not specifically mentioned here in lieu of certain requirements, as deemed appropriate by the Planning Board.
[1]
Landscaping materials should be utilized to provide home privacy and also to screen trash and storage areas.
[2]
Landscaping techniques, planting and building materials should be used to enhance the quality of the site and architecture.
[3]
Fences, hedges, walls, etc., should be compatible with and enhance the architectural design of the development.
[4]
Earthen berms should be placed to delineate the use of spaces, to provide privacy, to reduce noise, to control wind, to mitigate flooding, to frame views, etc.
[5]
Tree planting should be planned with consideration toward anticipated mature growth and impact on winter solar access, summer shading and prevailing seasonal winds.
[6]
Mixed evergreen/deciduous/flowering tree buffers should be used for screening adjacent streets and enhancing site quality.
[7]
Grouped parking areas should be landscaped to provide shading and visual screening from streets and buildings (minimum, one shade tree per 12 car spaces).
[8]
Lighting sources should be screened to minimize light spillover from one property to its neighbor.
[9]
Stabilization of slopes should be promoted by landscaping techniques which prevent slope erosion, such as planting deep-rooted shrubs and trees at cut and fill slopes.
[10]
Drought-resistant plants should be utilized where appropriate.
[11]
Planting plans should reflect the following:
[a]
All raised planting areas and berms should be defined with top elevation and minimum one-foot contours shown, also top and toe of slopes, lawn and ground cover areas and finish grades for all planting areas.
[b]
Plant materials should be capable of healthy growth in their specific location and should be capable of producing their desired effect in a reasonable amount of time. All plant material shall be shown to scale. Plant placement should not interfere with driver and pedestrian sight distance or lighting requirements. The planting design shall be in compliance with specific conditions of approval. In this regard, a soil test by an independent laboratory may be required.
[c]
Soil preparation and planting practices should be capable of providing for positive establishment and continued healthy growth of all plantings.
[d]
Curbed planting areas containing trees and shrubs should be located at intervals throughout parking and other paved areas.
[e]
The size of planting areas should be adequate for root development and maintenance.
[f]
Street tree planting must conform to Village street trees in the surrounding area and the Village Street Tree Plan.
[12]
Landscape plant materials minimum standards guidelines.
[a]
Plants at planting time should be of a mix of the following sizes, unless otherwise approved:
[i]
Trees: five feet six inches in height, one-inch caliper minimum to specimen quality (i.e., 14 feet to 16 feet in height, 3 1/2 inches' caliper), or greater.
[ii]
Shrubs: one gallon (15 inches to 18 inches in height), minimum of three feet to four feet in height, or greater.
[iii]
Vines: minimum of two canes, 15 inches in length.
[b]
There shall be a minimum of one tree per 1,000 square feet of all nonbuilding or paved areas. The minimum inside width of any required landscape area should be three feet.
[c]
Street trees should be planted three feet from the face of the curb, 40 feet minimum on center, 60 feet maximum on center. Street tree minimum distances shall be:
[d]
There shall be a minimum of one site tree per dwelling unit and a minimum of one tree at the end of each building.
[e]
Deciduous shade trees at a maximum of 50 feet on center are to be placed on the south to west side of buildings to provide a continuous shade line. These shall be placed at a maximum of 30 feet from the building (where there are no existing trees).
[f]
Foundation shrub plantings at entries, patios, utility closets and expanses of wall over 10 feet long should be planted a maximum of three feet on center, in natural clusters or groupings. Minor plants, such as ferns and perennials, may be included.
[g]
All cut and fill areas should be replanted. Recommendations include seeding with grass or a grass/wildflower mix and planting with a mix of four- to six-foot trees at an average of 10 feet on center and with eighteen- to twenty-four-inch shrubs three feet on center in natural clusters or groupings. Evergreen and deciduous native-type plant materials with floral accents may be used.
[h]
Newly planted trees shall be monitored as to their health and viability for at least a year, through a complete growing season, and shall be replaced as necessary if found by the Tree Preservation Committee (the Planning Board) to be warranted.
[13]
Off-street parking area guidelines.
[a]
Parking areas should be of adequate size for the particular use. Specific parking standards are established in § 305-63.
[b]
Parking areas should be designed as an aesthetic as well as functional asset to a neighborhood and to the building, group of buildings or facility they serve. A parking area shall be considered as an exterior space and shall be designed as such.
[c]
Parking areas and their parked automobiles shall be appropriately screened from the public view and from adjacent property and in a manner that is attractive and compatible with safety, the neighborhood and the facilities served.
[d]
Raised planting islands at least eight feet in width and 18 feet in length shall be provided within parking areas for each 10 parking spaces and shall contain plant material including grass, ground covers, plants, shrubbery and trees. Such planting islands shall be so designed to provide vertical definition to major traffic circulation aisles, entrances and exits; to channel internal traffic flow and prevent indiscriminate diagonal movement of vehicles; and to provide relief from the visual monotony and shadeless expanse of a large parking area. Curbs of such islands shall be designed so as to facilitate surface drainage and prevent vehicles from overlapping sidewalks and damaging landscaping materials.
[e]
Lighting of the parking area shall be designed not only from the standpoint of safety and vandalism but for visual effect. It should not create an annoyance to the neighbors. Low lights can be used along with feature lighting emphasizing plants, trees, barriers, entrances, exits, etc. The fixtures should be selected not only for their functional value but for their aesthetic qualities.
(4)
Additional considerations. The Planning Board may recommend additional design or aesthetic conditions and safeguards to the site plan as are necessary to assure minimum adverse impact and continual conformance to all applicable standards and requirements such that operation of the use thereon will not be objectionable to nearby properties by reason of noise, fumes, vibration, electromagnetic radiation, flashing of lights and similar nuisance conditions.
D.
Planning Board action. Based in part on its review and utilization of the above guidelines, the Planning Board shall take action and may approve, approve with conditions or deny a proposed site development plan for reasons of good cause and in the best interest of the Village. Such action shall be in written form and may include increases or decreases in one or more of the specific standards listed in Columns 2 through 20 of the schedule controlling land and buildings, as noted in § 305-11,[1] or in any other development standard expressed or interpreted by the Planning Board as being expressed in any other section of this chapter.
[1]
Editor's Note: The schedule is included at the end of this chapter.
§ 305-143 Lapse of site plan and subdivision approval.
A.
All site plan and subdivision applications approved prior to 1981 and for which grading or building permits have not been requested or granted shall become null and void upon adoption of this provision.
B.
All site plan and subdivision approvals shall become null and void unless building permits are secured within two years after the date of approval unless a greater time is granted by the Planning Board at the time of the approval.
§ 305-144 Plan modifications.
In all cases where any amendment of any site development plan is proposed, the applicant shall secure the approval of the amendment by the Planning Board.