Tuckahoe City Zoning Code
ARTICLE VII
Site Plan and Subdivision Approval
§ 7-1 Approval of site plans.
[L.L. No. 1-2005, § 1; L.L. No. 3-2002, § 3; L.L. No. 1-2006, Art. 4; L.L. No. 2-2007, Art. 4; L.L. No. 1-2013, § 3]
7-1.1.
Site Plan Approval. No building permit shall be issued for a structure, no structure or use shall be established and no site shall be changed, other than a one-family or two-family dwelling and its permitted accessory structures and uses, unless it is in conformity with a site plan approved by the Planning Board in accordance with this section. No certificate of occupancy for such structure or use shall be issued until all the requirements of such approval and any conditions attached thereto have been met. The continued validity of any certificate of occupancy shall be subject to continued conformance with such approved site plan and conditions. Revisions of approved site plans shall be subject to the same approval procedure.
7-1.2.
One-Family and Two-Family Dwellings. Minor site plan review shall be required for one-family and two-family dwellings if the applicant proposes to construct and/or erect a one-family or two-family dwelling, which includes the razing of an existing one-family or two-family dwelling followed by the reconstruction of the same. Minor site plan review shall be the jurisdiction of the Building Department. The Building Department shall respond with review comments to an applicant for minor site plan review within 30 days of receiving such application. If no decision is made within 30 days, the applicant may apply directly to the Planning Board. Any applicant who wishes to appeal a decision of the Building Department may apply for site plan approval by the Planning Board. An applicant for minor site plan review shall be required to comply with all of the provisions and sections of this article; however he or she shall not be required to submit the following items in connection with a minor site plan review application, unless the Planning Board deems any or all of the following enumerated items necessary to such review:
1.
Information on off-site utilities:
2.
Driveway profiles unless the Building Department cannot readily determine slopes;
3.
Calculations of storm drain loads;
4.
Landscape plan; and
5.
Cut and fill quantities.
Minor site plan review does not require architectural review. | |
Renovations, additions, alterations and/or modifications to a one-family dwelling or two-family dwelling shall be reviewed by the Building Department as part of the application for a building permit. |
7-1.3.
Application. A site plan shall demonstrate that the standards of § 7-1.5 can be met and shall include at least the following information; provided, however, that the Planning Board Chairperson may waive such requirements as he/she deems to be not pertinent or necessary:
(b)
Legal Data.
1.
Name and address of applicant and authorization of owner if different from applicant.
2.
Copy of title insurance policy.
3.
Section, block and lot numbers of the property taken from the official tax records.
4.
Name, address, signature and seal of the professional preparing the site plan.
5.
Title of the development, date prepared and date of revision, if any.
6.
North arrow, scale and location map drawn to a scale of not less than one inch equals 800 feet.
7.
Boundary lines, including metes and bounds thereof, cross referenced to the surveyor's map from which taken.
8.
The location of all adjoining properties and the owners, sections, block and lot numbers of those properties as shown on the official tax records.
9.
Description of all existing and proposed deed restrictions or covenants applying to the property filed in favor of the Village and the Town of Eastchester.
10.
Existing zoning of the property and all adjoining properties.
11.
Analysis of conformity to applicable standards, including any variances required.
(c)
Natural Features.
1.
Topographic data at a minimum contour interval of one foot, showing existing and proposed contours, extended at least 10 feet into adjoining properties.
2.
Surface features, such as the location of rock outcrops.
3.
Vegetative cover, including the location of existing wooded areas, significant individual trees and trees on adjacent Village property.
4.
The location of all existing watercourses, waterbodies, intermittent streams, wetland areas and springs.
5.
Boundaries of any area subject to flooding or stormwater overflows, including flood hazard areas as established by the Federal Emergency Management Agency.
(d)
Existing Structures and Utilities.
1.
Location of all structures on the premises, with distances at right angles to all property lines and approximate location of all neighboring structures within 100 feet of all lot lines of the premises.
2.
Location of all existing adjacent public and private streets, ways and roads, paved areas and sidewalks. The names and existing widths of adjacent streets.
3.
Locations, dimensions, grades and flow direction of existing sewers, culverts, waterlines and other underground utilities within the property, to the extent known or relevant; location of all utilities in the adjacent street and connections to structures on the premises.
4.
Fences, landscaping and screening.
(e)
Proposed Development.
1.
The location and dimensions (length, width, floor elevations and height in feet and in stories) of proposed structures, with a detailed breakdown of all proposed floor space by type of use and floor level.
2.
Architectural plans showing at least exterior elevations and materials to be used.
3.
The location, width and finished grades of proposed public and private streets, ways, roads and sidewalks, including pavement type and profiles.
4.
The location, layout, finished grade, pavement specifications and curbing proposed for parking lots and loading spaces, including access drives.
5.
Driveway profiles from the center line of the street to the garage floor or parking lot. Indicate slopes by percent of grade. Elevations at center line of street, top of curb and at the lot line must also be indicated on the profile. Where there is no curb, the curb elevation is assumed to be equal to the elevation at the center line of the street and should be so indicated.
6.
The location, design and proposed screening of outdoor storage areas, including proposed provisions for refuse storage and collection.
7.
The location, size and design of all proposed water supply, sanitary sewage, valves and hydrants and other utility facilities, with profiles.
8.
Stormwater drainage systems with details of catch basins, dry wells, retention basins and other related facilities. Calculation for expected storm drain loads and stormwater runoff pattern to be accommodated by the proposed drainage system, to be included based on zero increase in rate of discharge from the site regulated for storms up to fifty-year return probability.
9.
Landscaping plan, to include type, size, quantity and location of plants and other landscaping materials to be used, with English and Latin names. Included in the plan shall be an indication of all existing vegetation to be retained and the methods to be used to protect such vegetation during the course of construction.
10.
Type, location, design, shielding and hours of operation of exterior lighting.
11.
Location, type, size, design, color and illumination of all signs.
12.
Estimate of the quantity of any material to be imported to or removed from the site.
13.
Description of measures planned to assure proper erosion and sedimentation control both during and after construction.
14.
Top and bottom elevations of retaining walls, together with typical sections of such wall, and fencing or other safety features.
(f)
Stormwater pollution prevention plan. A stormwater pollution prevention plan consistent with the requirements of Chapter 7B, Erosion and Sediment Control, §§ 7B-1 through 7B-5, and Article XII, Stormwater Control, of this chapter, shall be required to be submitted with the application for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Article XII of this chapter. The approved site plan shall be consistent with the provisions of Chapter 7B, Erosion and Sediment Control, and Article XII of this chapter.
7-1.4.
Review Procedure.
(a)
Application. Applicants may submit a preliminary, informal application and discuss it with the Planning Board prior to formal submission of a complete and detailed site plan application. Formal and informal applications for site plan approval shall be submitted to the Building inspector and to the individual members of the Planning Board. An application shall be considered officially submitted and received when found by the Planning Board at a meeting to be complete.
(b)
Review by Other Agencies. The Planning Board may forward copies for review and report to such officials and agencies of the Village as it deems appropriate. All agencies shall have 30 days from the date of forwarding to submit a report. Such time limit may be extended by mutual agreement with the applicant, but any such extension shall apply equally to the time limits of § 7-1.4(c). The Planning Board shall, in addition and where required, forward copies to the Westchester County Planning Board and the Clerk of any abutting municipality, in accordance with § 239-m of the General Municipal Law or §§ 277.61 and 277.71 of the Westchester County Administrative Code.
(c)
Action. Within 60 days of receipt of a completed application, the Planning Board shall hold a public hearing unless the Planning Board has determined that a public hearing is not required or unless the time limit is extended by mutual agreement with the applicant. A completed application is one that has received any necessary variances or special permits and one that has complied with the State Environmental Quality Review Act (SEQR) by either receiving a negative declaration or a completed draft environmental impact statement (DEIS). Within 60 days of the determination that a public hearing is not required or within like time following a public hearing, the Planning Board shall approve, approve with modifications or disapprove the application unless the time limit is extended by mutual agreement. The Planning Board shall approve the application where it finds that the standards of § 7-1.5 have been met. The Planning Board may approve such application conditionally where it finds that such conditions or modifications are necessary to insure initial and continued conformance with the standards of § 7-1.5. The decision of the Planning Board shall be filed with the Village Clerk and the Building Inspector and a copy thereof mailed to the applicant. Failure by the approving agency to take action within the time limit specified, or as may be extended, shall constitute approval.
(d)
Variances in Conjunction with a Site Plan.
1.
No application shall be deemed complete unless it complies with all the requirements of this Zoning Ordinance and any necessary variances and/or special permits have been granted by the Zoning Board of Appeals.
2.
The Planning Board shall not approve or disapprove an application until any necessary variances have been granted by the Zoning Board of Appeals.
3.
In cases where a use requiring site plan approval also requires one or more variances application shall first be made to the Planning Board. The Planning Board shall complete a preliminary review of the site plan and shall then refer the application to the Zoning Board of Appeals. The Planning Board may include a recommendation, including the planning and land use aspects of the application and requested variances.
7-1.5.
Standards. In considering and approving site plans, the Planning Board shall take into consideration the purposes of this Zoning Ordinance and, as a condition of approval, may require such modifications of the proposed plans as it deems necessary to comply with the spirit as well as the letter of this local law. The Planning Board shall specifically take into account the following:
(a)
Safe, adequate and convenient vehicular and pedestrian traffic circulation both within and without the site. At least the following aspects of the site plan shall be evaluated to determine conformity to this standard:
1.
The effect of the proposed development on traffic conditions on existing streets.
2.
The number, locations, dimensions and construction details of vehicular and pedestrian entrances, exits, drives and walkways. Vehicular access to state, county or Village roads must also be approved by the State Department of Transportation, the County Department of Public Works or the Village Police Department and the Department of Public Works, as appropriate.
3.
The visibility in both directions at all exit points of the site. The driver of an automobile exiting the site should have an unobstructed view of the street for that distance necessary to allow safe entrance into the traffic stream.
4.
The location, arrangement and adequacy of off-street parking lots, which shall, at a minimum, meet the requirements of this Zoning Ordinance.
5.
Interconnection of parking lots via access drives within and between adjacent lots, in order to provide maximum efficiency, minimize curb cuts, and encourage safe and convenient traffic circulation.
6.
The location, arrangement and adequacy of loading areas, which shall, at a minimum, meet the requirements of this Zoning Ordinance.
7.
Patterns of vehicular and pedestrian circulation both within the boundaries of the development and in relation to the adjoining street and sidewalk system.
8.
The location, arrangement and adequacy of facilities for the physically handicapped, such as ramps, depressed curbs and reserved parking spaces.
9.
The location, arrangement and adequacy of landscaping within and bordering parking lots and loading spaces, which shall, at a minimum, meet the requirements of this Zoning Ordinance.
10.
Adequacy of fire lanes and other emergency zones. The Planning Board may require the provision of fire zones and may also require suitable legal agreements for enforcement of any accompanying parking restrictions.
(b)
The protection of environmental quality and the preservation and enhancement of property values in the neighboring area. At least the following aspects of the site plan shall be evaluated to determine conformity to this standard:
1.
The location, height and materials of walls, fences, hedges and plantings so as to insure harmony with adjacent development, screen parking lots and loading spaces and conceal storage areas, refuse areas, utility installations and other such features. Such walls, fences, hedges and planting shall, at a minimum, meet the requirements of the Zoning Ordinance.
2.
The prevention of dust and erosion, both during and after construction, through the planting of ground cover or the installation of other appropriate ground surfaces.
3.
The preservation of natural features of the site such as wetlands, unique wildlife habitats, historic structures, major trees and scenic views both from the site and onto or over the site.
4.
The conformity of exterior lighting to the requirements of the Zoning Ordinance and Village ordinances.
5.
The design and arrangement of buildings, structures and accessory facilities (such as air-conditioning systems, public address systems, etc.) so as to achieve minimum and acceptable noise levels at the property boundaries.
6.
The provision of adequate storm- and surface water drainage facilities so as to properly drain the site while minimizing downstream flooding, including on-site retention sufficient to limit flows from the site to that for a once-in-two-year storm acting on the existing site when receiving storms at the rate of a once-in-fifty-year storm.
7.
Access to sunlight for present and potential solar energy systems, both on- and off-site, as well as building siting, orientation and landscaping.
(c)
A quality of building and overall site design which will enhance and protect the character and property values of the adjacent neighborhood. The Planning Board shall evaluate the architectural features of the proposed design to determine if they are in harmony with the neighborhood, including consideration of architectural style, bulk, dimensions, materials and location on the site and, in relation to development on adjoining properties, the natural terrain and vegetation.
7-1.6.
Expiration. Unless other provisions are specifically set forth by the Planning Board in connection with its approval of a site plan, such approval shall expire if substantial construction is not completed within one year of approval, or if all required improvements are not completed within two years of approval or if the construction or use shall cease for more than six months in any twelve-month period.
7-1.7.
Amendments.
(a)
Minor Amendments. During construction, the Building Inspector may, after obtaining approval of the Planning Board Chairman, authorize minor adjustments to the approved site plan when such adjustments appear necessary in the 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 concepts of the approved site plan.
(b)
Substantial Amendments. Where unforeseen conditions are encountered which require any change to an approved site plan, or where the applicant wishes to modify the approved plan for other reasons, an amended site plan shall be filed for review and approval in accordance with the same procedures required for initial applications.
7-1.8.
Guaranty of Completion. Where, in the opinion of the Building Inspector, the elements of an approved site plan are substantially complete, and the structure or use meets the requirements of other applicable codes and ordinances, the Building Inspector may issue a temporary certificate of occupancy for a period of up to 90 days, subject to a suitable assurance that all required elements of the approved site plan will be completed as soon as practicable. Where the Building Inspector finds good cause, he may extend such temporary certificate of occupancy for two additional periods of not to exceed 90 days each.
§ 7-2 Subdivision approval.
7-2.1.
Before the approval by the Planning Board of any plat showing a subdivision and the creation of new blocks, lots or sites, with or without streets or highways, all applicants for such approvals shall show, in proper cases and when required by the Planning Board, a park or parks suitably located for playground or other recreation purposes.
7-2.2.
Creation of Parks; Recreation Fee. If the Planning Board determines that a suitable park or parks of adequate size cannot be properly located in any such plat or are otherwise not practical, the Planning Board shall require as a condition to approval of any such plat the payment of a recreation fee in the amount of 10% of the appraised valuation of each new lot. Such recreation fee shall constitute a trust fund to be used by the Board of Trustees exclusively for neighborhood park, playground or recreation purposes, including the acquisition of land.
§ 7-3 Additional stormwater pollution prevention plan requirements for subdivision approval.
[L.L. No. 1-2006, Art. 3; L.L. No. 2-2007, Art. 3]
Subdivision approval also requires the following:
7-3.1.
For preliminary subdivision plat add: stormwater pollution prevention plan: A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter 7B, Erosion and Sediment Control, §§ 7B-1 through 7B-5, and Article XII. Stormwater Control, of this chapter, shall be required for preliminary subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in Article XII of this chapter. The approved preliminary subdivision plat shall be consistent with the provisions of Chapter 7B, Erosion and Sediment Control, and Article XII of this chapter.
7-3.2.
For final subdivision plat approval add: stormwater pollution prevention plan: A stormwater pollution prevention plan consistent with the requirements of Chapter 7B, Erosion and Sediment Control, §§ 7B-1 through 7B-5, and Article XII, Stormwater Control, of this chapter, and with the terms of preliminary plan approval shall be required for final subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in Article XII of this chapter. The approved final subdivision plat shall be consistent with the provisions of Chapter 7B, Erosion and Sediment Control, and Article XII of this chapter.