§ 331-118. Procedures., Article XIII. Site Plan Approval, Chapter 331. Zoning, Part II. General Legislation, Code of Ordinances, New Rochelle

Prior to the filing of an application for site plan approval, the developer or designated representative shall meet in person with the Commissioner of Development, or designated representative, to discuss the proposed site plan, so that the necessary steps may be undertaken with a clear understanding of the Board's attitude and requirements in matter of site development.

A site plan and accompanying documents, as specified in § 331-119, shall be prepared by the developer or designated representative in accordance with the general requirements and design standards specified in § 331-120.

Editor's Note: This ordinance stated that it shall apply to all site plan and Major Subdivision applications which have not been subject to public hearing before the Planning Board prior to its adoption.

The Commissioner of Development, or designated representative, shall review the site plan and accompanying documents to ascertain their conformity with the Zoning Code and meet with the developer or designated representative with regard to changes deemed advisable and the kind and extent of improvements to be made and with regard to the need for applying to the Zoning Board of Appeals prior to submitting official application to the Department of Development.

Application for site plan approval shall be submitted to the Department of Development. The Department of Development shall promulgate administrative procedures for formal details on submission requirements. The Department may distribute prints to City departments for review and comments. Where required, the Board shall hold a public meeting on the site plan which shall be coordinated with any hearings held pursuant to the State Environmental Quality Review Act (see Subsection F).

[Amended 9-16-2003 by Ord. No. 204-2003]

Editor's Note: The administrative procedures for formal details on submission requirements are on file in the City offices.

The Board shall approve with or without modification or disapprove such site plan within 62 days after the close of the hearing or after the day the application is accepted as complete if no hearing has been held.

Prior to granting any approvals relative to the proposed application, the Planning Board shall conduct a review and determination in accordance with Article 8 of the New York State Environmental Quality Review Act (SEQRA). Approval of the site plan by the Board shall become final only upon the determination by the signature of the Planning Board Chairperson, or designated representative, confirming that the plans submitted are in full compliance with SEQRA findings, all requirements and conditions of the Board in connection with said approval, of the Zoning Chapter and of all other applicable codes and ordinances.

[Amended 11-21-2006 by Ord. No. 259-2006]

The Board may require the reservation of land for park, playground or other recreational purposes for providing open space where it makes a finding that a proper case exists for such reservation on sites containing residential units. Such findings shall include an evaluation of the present and anticipated future needs for park and recreational facilities in the City based on projected population growth to which the particular site plan will contribute and need identified in the City's Comprehensive Plan. In the event that the Board makes such a finding, the Board may require dedication to 10% of the gross area or a minimum of three contiguous acres of open space, whichever is greater, or where the Board finds that a suitable park or parks of adequate size to meet the requirement cannot be properly located on such site plan, the Board may require a sum of money in lieu thereof in the amount as set forth in Chapter 133, Fees, for each dwelling unit in excess of any dwelling unit previously existing on the site. In making such a determination, the Board shall assess the size and suitability of land shown on the site plan which could be possible locations for park or recreational facilities as well as practical factors, including whether there is a need for additional facilities in the immediate neighborhood. Any money required by the Board in lieu of land for park, playground or other recreational purposes, pursuant to the provisions of this section, shall be deposited into a trust fund to be used by the City exclusively for park, playground or other recreational purposes, including the acquisition of property.

[Amended 12-9-2003 by Ord. No. 270-2003]

Residential condominiums.

[Added 9-21-2004 by Ord. No. 198-2004]

(1)

Approval of declaration. Prior to issuance of a building permit for a condominium that has been granted site plan approval, a draft of the declaration of condominium (the “declaration”) shall be submitted to the New Rochelle Corporation Counsel for review and approval, in accordance with the conditions of site plan approval, and thereafter shall be provided to any potential buyers as part of the condominium offering plan approved and filed in accordance with the regulations of the State Attorney General. A certified copy of the filed documents together with proof of receipt of filing shall be provided to the Law Department, prior to the issuance of a certificate of occupancy for any unit. Such declaration shall include the following wording:

“A site plan and renderings of the building facades and landscaping plans for the project (collectively, "site plans") are included in Exhibit ___ in Part ___ of the offering plan for the project. The site plans are intended to conform to the site plans approved by the Planning Board of the City of New Rochelle as Resolutions Numbered ___ adopted ___ ("approved site plans"). Any discrepancies between the site plans in such Exhibit and the approved site plans will be resolved in favor of the approved site plans. Copies of the approved site plans are available for inspection at the office of the New Rochelle Planning Board and the Bureau of Buildings.

Insofar as Planning Board approval has been granted based on the Zoning Ordinance requirements regarding off-street parking and storm drainage analysis, and insofar as these City Code requirements are based on the number of bedrooms in each unit and the amount of impervious surface on the site, no unit owner shall increase, and the Board shall not permit to be increased, the number of bedrooms in any unit or the amount of impervious surface in any common area or any limited common area on the site. Additionally no unit owner or the Board of Managers shall eliminate or cause a reduction in the number of off-street parking spaces required by zoning for any individual unit or for the project in its totality."

(2)

Sanitary Sewer Emergency Repair. In the event a condominium association for a condominium does not maintain, repair, and/or replace its sanitary sewer system located on the condominium common elements, including but not limited to sanitary sewer lines and pumps located in such system, in accordance with the approved site plan and/or the requirements of the Westchester County Sanitary Code, and the public health and safety is at immediate risk by such failure to maintain, repair, and/or replace, the City and/or its contractors may enter on such condominium common elements property and abate such conditions by providing such maintenance, repair, and/or replacement as is immediately necessary to protect the public health and safety, and shall bill the entire cost of such abatement, including a ten-percent administrative fee, to the condominium association, all in accordance with the notice, hearing, abatement, billing, and tax lien procedures set forth in Section 200 of the City Charter, except that the tax lien, if any, shall be placed on and spread among all of the tax lots which comprise the condominium units allocated by their respective percentage interests in the condominium common elements.