A.
No structure shall be erected, constructed, moved, altered, rebuilt
or enlarged, nor shall any land, water or structure be used, designed
or arranged to be used, for any purpose except in accordance with
this chapter.
B.
In interpreting and applying this chapter, the requirements contained
herein are declared to be the minimum requirements for the protection
and promotion of the public health, safety and general welfare. This
chapter shall not be deemed to affect, in any manner whatsoever, any
easements, covenants or other agreements between parties, except that
where this chapter imposes a greater restriction upon the use of structures
or land or upon the erection, construction, establishment, moving,
alteration or enlargement of structures than are imposed by easements,
covenants or agreements, or by public ordinances, rules, regulations,
licenses, certificates or other authorizations, the provisions of
this chapter shall prevail.
C.
The setback, building coverage, development coverage and land use requirements of this chapter shall not apply to temporary uses normally associated with site and building development, including construction and real estate sales trailers and the storage of building materials and equipment, provided that any such structures and storage are located, stored and screened on the construction site pursuant to a building permit duly issued by the Building Inspector in accordance with Chapter 48 of the Code of the Town of New Castle. Where site plan or special permit approval is required for the principal or accessory use of the property, the location of such temporary structures and storage shall be permitted only in the locations and to the extent shown on an approved site plan and shall be subject to any conditions specified in relation thereto.
[Added 2-8-1983 by L.L. No. 1-1983; amended 5-23-1995 by L.L. No.
6-1995; 11-22-2011 by L.L. No. 15-2011]
D.
Westchester County Greenway Compact Plan. By Local Law No. 5 of the Year 2007, the Town of New Castle has adopted the Westchester County Greenway Compact Plan, as amended from time to time and accepted by the Town of New Castle as set forth in Chapter 136, as a statement of policies, principles, and guides to supplement other established land use policies in the Town. In its discretionary actions under this zoning code, the reviewing agency should take into consideration said statement of policies, principles and guides, as appropriate.
[Added 5-8-2007 by L.L. No. 5-2007]
A.
Schedule of regulations for residence districts. (See accompanying
schedule which is made part hereof.)[1]
[1]
Editor's Note: The schedule is included as an attachment to this chapter.
B.
Schedule of regulations for business and industrial districts. (See
accompanying schedule which is made part hereof.)[2]
[2]
Editor's Note: The schedule is included as an attachment to this chapter.
C.
Schedule of supplementary regulations for business and industrial
districts. (See accompanying schedule which is made part hereof.)[3]
[Added 12-14-2004 by L.L. No. 12-2004]
[3]
Editor's Note: The schedule is included as an attachment to this chapter.
D.
Sign regulations. The purpose of this subsection is to establish
reasonable regulations for the design, construction, installation
and maintenance of signs in the Town of New Castle in order to:
[Amended 6-28-1977 by L.L. No. 9-1977; 8-13-1985 by L.L. No.
11-1985; 10-14-1997 by L.L. No. 18-1997]
(1)
Balance
the right of individuals to identify their businesses and convey their
messages and the right of the public to be protected against the unrestricted
proliferation of signs;
(2)
Further
the objectives of the Comprehensive Plan;
(3)
Protect
the public health, safety and welfare;
(4)
Reduce
traffic hazards;
(5)
Maintain
and enhance the aesthetic environment and facilitate the creation
of an attractive and harmonious community;
(6)
Protect
property values;
(7)
Promote
economic development; and
(8)
Preserve
the right of free speech exercised through the use of signs containing
noncommercial messages.
(9)
Applicability. Except as otherwise provided in this chapter, no sign
shall be erected, installed, displayed, used, maintained, repaired,
altered, reconstructed, replaced, moved or relocated on private property
within the Town of New Castle except in conformity with and as expressly
authorized by the provisions of this chapter.
(10)
Exempt signs. In the interest of promoting the public health,
safety and general welfare, the following signs shall be exempt from
regulation under this chapter, subject to compliance with the standards
specified below:
(a)
Any public notice or warning required by a valid and applicable
federal, state, county, Town or school district law, regulation or
ordinance; informational signs of a public utility regarding its poles,
lines, pipes or facilities; and signs erected by or on behalf of a
public transit company to identify the location of bus stops and train
stations as well as related route and schedule information.
(b)
Property identification signs containing street address numbers,
not exceeding six inches in height and attached to a building or post
located on private property behind the lot line.[4]
[4]
Editor's Note: Former Subsection D(10)(c) and (d), regarding
signs for sale, lease or rental of property and contractor's identification
signs, respectively, which immediately followed this subsection, were
repealed 7-26-2022 by L.L. No. 10-2022.
(11)
Prohibited signs.
[Amended 11-9-2004 by L.L. No. 11-2004]
(a)
All signs not expressly permitted under this chapter, or exempt from regulation in accordance with § 60-410D(10) herein, are prohibited.
(b)
Prohibited signs shall include, but are not limited to, neon
signs of any kind; except that a neon sign that was in actual use
on November 1, 2004 ("permitted neon sign") may continue to be used,
and any permitted neon sign may be repaired or replaced so long as
the repaired or replacement sign is a duplicate of that which was
in actual use on November 1, 2004.
(12)
Signs permitted in residence districts.
[Amended 7-26-2022 by L.L. No. 10-2022]
(a)
Size and location.
[1]
Residential signs and temporary signs that do not exceed 10 square feet or five linear feet in any single directional plane. Illuminated signs are prohibited, except as set forth in § 60-410D(15)(a).
[2]
No sign shall hang or project over, or be placed upon, a Town
right-of-way, except:
[a]
Exempt signs as set forth in § 60-410D(10)(a);
[b]
Temporary signs as set forth in § 60-410D(12)(b); and
[c]
Residential signs placed by the owner/occupant
of residential property in a location contiguous with said property,
provided that such signs shall be no closer than five feet from the
edge of any Town road, shall not be attached to trees, utility poles,
bridges, fences, or traffic signs, and shall be no more than three
feet above the ground.
[3]
No sign, regardless of its location, shall interfere with the vision
of a driver of a motor vehicle or otherwise create a safety hazard.
[4]
No sign located on any exterior building wall shall project
above the top of such wall at the location of the sign or project
beyond the ends of the wall to which it is attached.
(b)
Temporary signs. Temporary signs may be displayed for a period
not to exceed 30 consecutive days immediately preceding the event
or activity. Temporary signs may be placed in a Town right-of-way,
provided that no temporary sign shall be placed within five feet of
the edge of any roadway or otherwise interfere with proper sight distance,
pedestrian movement, or traffic flow. Temporary signs must be removed
by the individual or organization posting them not later than three
days after the event's conclusion. Identical temporary signs may not
be placed closer than 20 feet from one another. Temporary signs shall
not be attached to trees, utility poles, bridges, fences, or traffic
signs. The top of a temporary sign shall be no more than three feet
above the ground. No temporary signs may be placed at the Chappaqua
triangle (intersection of Route 120 and South Greeley Avenue) or the
Millwood triangle (intersection of Routes 100 and 120).
(c)
Development identification signs. Residential and nonresidential development identification signs shall be placed where there is an active entrance drive and may be illuminated, subject to the requirements set forth in § 60-410D(15)(a). Only one such sign is permitted per entrance. Residential and nonresidential development identification signs shall not exceed five linear feet in any single directional plane.
(d)
Multiple signs. Where multiple signs are placed on a single
residential property, the total area of all such signs shall not exceed
20 square feet for each detached principal dwelling unit, including
any signs placed by the owner/occupant of said property in a contiguous
Town right-of-way.
(13)
Signs permitted in business and industrial districts.
(a)
The following signs are permitted in business and industrial districts, subject to the additional provisions set forth in § 60-410B of this chapter:
|
Sign Type
|
Size
|
Location
|
Sign Permit Required
| |
|---|---|---|---|---|
|
(a)
|
Nonilluminated wall sign
|
For each ground floor establishment, no more than
one such sign not exceeding two feet in height, provided that no other
signs for such establishment exist or will be displayed at the same
time. For any establishment located on any floor other than the ground
floor, such signs shall not exceed one foot in height. In no case
shall any such sign be wider than the longest exterior wall facing
a street courtyard or parking area of the establishment. In the B-PO
District, such sign shall not exceed eight square feet in area.
|
Attached flush to the wall, window, door, canopy or
awning of a building. When there is more than one unit of occupancy
in a building, each sign shall not extend beyond the facade of the
establishment occupied by each such unit. In no case shall the sign
project more than twelve inches from the face of the structure to
which it is attached nor extend above, below or beyond the face of
the wall, window, door, canopy or awning to which it is attached.
|
No, subject to the provisions of § 60-410D(18)(c)
|
|
(b)
|
Other wall sign
|
For each ground floor establishment, such signs shall
not exceed two feet in height. For any establishment located on any
floor other than the ground floor, such signs shall not exceed one
foot in height. Where more than one such sign is placed on the same
wall, all such signs shall have the identical height. In no case shall
any such sign, or the sum of the widths of multiple such signs placed
on the same wall, be wider than the longest exterior wall facing a
street courtyard or parking area of the establishment. In the B-PO
District, such sign shall not exceed eight square feet in area.
|
Attached flush to the wall, window, door, canopy or
awning of a building. When an establishment maintains more than one
exterior wall facing an interior courtyard, parking area or public
street, the permissible wall sign area may be divided among more than
one building facade, provided that each facade on which such a sign
is located faces a public street, an interior courtyard or off-street
parking area serving that establishment, that the sign is placed only
on the portion of an exterior wall, window, door, canopy or awning
that encompasses the establishment the sign identifies, and further
provided that the total combined area of such signs does not exceed
the permissible area for a single permitted wall sign on the longest
wall of the establishment facing either a public street or an interior
courtyard or off-street parking area. When there is more than one
unit of occupancy in a building, each sign shall not extend beyond
the facade of the establishment occupied by each such unit. In no
case shall the sign project more than 12 inches from the face of the
structure to which it is attached nor extend above, below or beyond
the face of the wall, window, door, canopy or awning to which it is
attached.
|
Yes
|
|
(c)
|
Bracket sign
|
Not to exceed four square feet in area. No dimension
of any such sign face shall be more than twice the other dimension,
nor shall the sign be more than three inches thick.
|
Hung from bracket attached to the wall of a building,
provided that no part of said sign shall project more than 42 inches
from the face of a building, exceed 12 feet in height above ground
or sidewalk level (measured from the top of the sign) or be less than
eight feet above the ground or sidewalk level (measured at the bottom
of the sign).
|
Yes
|
|
(d)
|
Freestanding sign
|
Not to exceed 10 square feet plus one square foot
for each 1,000 square feet of building area in excess of the first
5,000 square feet, subject to a maximum sign area of 20 square feet.
No dimension of such sign face shall be more than twice the other
dimension. Notwithstanding the above provisions, in the B-PO District
no such sign shall exceed two square feet in area and in the B-RO-150
District no such sign shall exceed 30 square feet in area, three feet
in height and 10 feet in length.
|
Attached to the ground and as determined by site plan approval as per § 60-440 of this chapter. No such sign face shall be more than 12 feet above the ground at its highest point nor less than five feet above the ground at its lowest point. Notwithstanding the above provisions, in the B-RO-150 District no such sign shall be more than five feet above the ground at its highest point.
|
Yes
|
|
(e)
|
Parking area sign (identifying private parking area
and the restricted use thereof)
|
three square feet
|
Behind lot line
|
No
|
|
(f)
|
Sidewalk sign
[Added 7-13- 2004 by L.L. No. 6-2004[5]] |
For each ground floor establishment, no more than
one such sign not exceeding two feet in width and four feet in height.
For any establishment located on any floor other than the ground floor,
a sidewalk sign shall not be permitted. In the case of double- sided
or "A" frame signs, the maximum heights as measured from the sidewalk
to the top of the sign or sign frame, whichever is higher, shall not
exceed five feet.
|
Placed on the sidewalk in front to the establishment
displaying such sign, but not permanently affixed to the sidewalk
or building. Such sign shall be removed from the sidewalk at the close
of business each day by the establishment displaying such sign. The
sign shall not cover more than six square feet of sidewalk space.
A minimum of five feet of walking area must be maintained between
the sign and the curb and any obstruction, such as telephone pole
or traffic sign. Such sign shall not be placed so as to reduce any
entrance providing access to any establishment fronting on a sidewalk
to less than four feet in width. Such sign shall not interfere with
access to any public service facility, such as a telephone, mailbox
or bench or other facility provided for the use of the general public.
|
Yes
|
|
(g)
|
Traffic direction signs
|
As specified in the United States Department of Transportation
Federal Highway Administration Manual of Uniform Traffic Control Devices.
|
Private parking/circulation areas
|
No
|
|
(h)
|
Window signs
|
Not to exceed 15% of window area on which sign is
affixed, provided that such sign may be attached to not more than
two window surfaces, including window surfaces contained within walls
and doors.
|
Affixed directly to the surface of a window or displayed
inside a structure and within four feet of the window so as to be
visible from outside of the structure.
| |
|
(i)
|
All signs permitted under § 60-410D(12)
|
As per § 60-410D(12).
|
As per § 60-410D(12).
|
As per § 60-410D(12)
|
[5]
Editor's Note: This local law also renumbered former subsections
(f), (g) and (h) as (g), (h) and (i), respectively.
(b)
Where more than one sign type is proposed for a single use, the total (aggregated) sign area of all such signs, as set forth in § 60-410D(14)(d) herein, shall not exceed 200%.
(c)
No sign shall hang or project over, or be placed upon, a public right-of-way
in a business or industrial district.
[Added 7-26-2022 by L.L. No. 10-2022]
(14)
Sign computations.
(a)
The area of an individual sign face shall be determined by the
smallest circle or polygon that can be drawn to include all lettering,
symbols, accompanying designs, framing and background coloring that
differentiates the sign from the structure to which it is attached,
except that the structural supports and braces for a freestanding
sign or a bracket sign shall not be included in determining sign area
unless such structural supports constitute an integral part of the
sign's aesthetic design. In the case of a sidewalk sign, the area
of such sign face shall be determined by including the frame, easel
and any or other method of displaying on supporting such sidewalk
sign.
[Amended 7-13-2004 by L.L. No. 6-2004]
(b)
The sign area for a sign with more than one face shall be computed
by adding together the area of all sign faces visible from any one
point. However, notwithstanding the above, when two sign faces are
placed back-to-back more than two feet apart, each sign face shall
constitute an individual sign.
(c)
The height of a sign shall be computed as the distance from
the base of the sign at normal grade to the top of the highest attached
component of the sign. As applied to signage regulated under this
chapter, normal grade shall be the lower of one of the following:
(d)
The total (aggregated) sign area shall be computed by first calculating the sign area, as set forth in § 60-410D(14)(a) and (b) herein, of each existing and proposed sign for a single use, and comparing the area calculated for each sign to the maximum sign area permitted for that sign type in the zoning district in which such use is located or is proposed to be located. The calculated sign area of each existing and proposed sign shall be expressed as a percentage (1% to 100%) of the maximum sign area permitted for that sign type in the zoning district in which such use is located or proposed to be located. The sum of the individual percentages computed for each existing and proposed sign shall be defined as the total (aggregated) sign area for such use.
(15)
Design, construction and maintenance.
[Amended 7-13-2004 by L.L. No. 6-2004; 7-26-2022 by L.L. No. 10-2022]
(a)
Illumination. Illumination of signage is permitted only for residential and nonresidential development identification signs, and for signs in business and industrial districts as permitted under § 60-410D(13), subject to the following requirements:
[1]
Illumination shall be confined to, or directed to, the surface
of the sign.
[2]
No flashing, rotating or intermittent illumination shall be
permitted.
[3]
The sign, including its lighting sources, shall be designed
and shielded so that the light sources cannot be seen from any neighboring
residence district or from the street.
[4]
Interior illumination of a sign shall not be permitted unless
such illumination is confined to the sign's lettering and/or symbols,
except that the illumination of the background area of a sign with
interior illumination may be permitted, provided that the applicant
can demonstrate to the satisfaction of the approving authority that
such lighting will not result in a level of illumination or glare
such that the sign may cause a distraction to motorists or negatively
impact surrounding properties. Where interior illumination of a sign's
background materials is sought, the applicant shall bear the burden
of proof of demonstrating compliance with the above standards.
[5]
Illumination of signage regulated under § 60-410D(13) herein shall be limited to not later than 10:00 p.m. or the close of business for the establishment displaying the illuminated signage, whichever is later.
(b)
Safety and maintenance.
[1]
All signs shall comply at all times with applicable provisions
of the New York State Uniform Fire Prevention and Building Code and
the electrical code of the Town of New Castle.
[2]
Except for window signs conforming in all respects with the provisions of § 60-410D, sidewalk signs conforming in all respects with the provisions of § 60-410D(13)(a), Item (f), and temporary signs, all other signs shall be constructed of permanent materials and shall be permanently attached to the ground, a building or another structure by direct attachment to a rigid wall, frame or structure.
[3]
All signs shall be maintained in good structural condition and
free from all hazards, in compliance with all applicable building
and electrical codes and in conformance with all applicable provisions
of this chapter.
[4]
All signs shall be always maintained in a safe and attractive
condition so as not to be detrimental to the public health, safety,
and welfare.
(16)
Existing signs.
(a)
Except as set forth below, no other provisions of this chapter shall require the removal of any existing sign that was erected prior to the effective date of § 60-410D, and which conformed in all respects to the requirements then in effect and which has a sign permit, provided that such sign is not modified or relocated after the effective date of § 60-410D.
(b)
Any existing sign that was erected prior to the effective date of § 60-410D and which does not have a sign permit shall be removed or brought into conformance with the provisions of this chapter at the time of any proposed change to the site or within 180 days after the effective date of § 60-410D, whichever date is sooner.
(c)
Existing signs having a sign permit may be maintained and/or repaired by repainting, identical replacement of lettering, wording and accompanying symbols, reinforcement of the structural supports or replacement of electrical wiring. Such maintenance and/or repair shall not be considered a modification requiring compliance with § 60-410D(17) herein. Any modification to an existing sign that alters its appearance or structural design, including but not limited to a change in the dimensions, location, height or illumination, shall require that all applicable permitting procedures of § 60-410D be followed. As used herein, the term "modification" shall not include a change in lettering, symbols, coloring or other design features of an existing sign, provided that such change does not alter any other characteristic of the sign's appearance or its structural design.
(d)
Any existing sign removed for purposes other than routine maintenance and/or repair activities, as set forth in § 60-410D(16)(c) herein, after the effective date of § 60-410D shall be deemed to be permanently removed and shall be replaced only in accordance with all applicable provisions of § 60-410D.
(e)
Any sign that concerns a use that is no longer in existence
on the property on which such sign is located shall be removed by
the property owner, or his authorized agent, within 30 days after
the use vacates the premises.
(f)
Where additional signage is proposed for any use, all existing signage having a sign permit shall be permitted to remain; provided, however, that any proposed signs shall be required to comply with all applicable provisions of § 60-410D, including but not limited to total (aggregated) sign area requirements.
(17)
Approval required.
[Amended 11-22-2011 by L.L. No. 15-2011]
(a)
It shall be unlawful for any person to erect, install, display, use, alter, reconstruct, replace, move or relocate any sign for which a sign permit is required in accordance with § 60-410D(12) and (13) herein without having first obtained and paid for, and having in force and effect, a sign permit therefor in accordance with the provisions of § 60-410D(18) and (19) herein and a building permit therefor in accordance with the provisions of Chapter 48 of the Code of the Town of New Castle.
(b)
It shall be unlawful for any person to erect, install, display, use, reconstruct, replace, move or relocate any nonilluminated wall sign for which Town Building Department approval is required in accordance with § 60-410D(18)(c) herein without having first obtained and paid for, and having in force and effect, a building permit therefor in accordance with the provisions of Chapter 48 of the Code of the Town of New Castle.
(18)
Approving authority.
(a)
Except as provided for in § 60-410D(18)(b) and (c) herein, the Board of Architectural Review shall be the approving authority for all applications for a sign permit, including but not limited to any application for amended sign permit approval for a sign over which the Planning Board had jurisdiction prior to the effective date of § 60-410D.
(b)
Where the initial placement or relocation of a freestanding sign, as described in § 60-410D(12) or (13) herein, is proposed, the approving authority for the sign permit shall be the Planning Board. Each application for a sign permit for a freestanding sign, together with all accompanying submissions, shall be referred to the Board of Architectural Review for report and recommendation on the architectural features of the proposed freestanding sign in accordance with the purposes and criteria as set forth in § 60-550 of this chapter, which report shall be rendered within 45 days of the date of such referral.
(c)
Where the erection of a nonilluminated wall sign is proposed
in a business or industrial district for display by an establishment
that will have no other existing signs on display at the same time
and/or as a replacement for an existing wall sign, the approving authority
for such nonilluminated wall sign shall be the Town Building Department
and no review by the Board of Architectural Review shall be required.
(19)
Application requirements.
(a)
Any person desiring to secure a sign permit in accordance with the provisions of § 60-410D shall submit an application for a sign permit on forms furnished by the Town Building Department. The application and documents accompanying the application as set forth in Subsection D(19)(b) and (c) of this section shall also be submitted in an electronic file format.
[Amended 3-27-2012 by L.L. No. 1-2012]
(b)
An application for a sign permit for a nonilluminated wall sign as described in § 60-410D(13)(a) herein shall also be accompanied by the following:
[1]
Drawing identifying the building and the unit of occupancy within
the building to which any building-mounted sign applies; whether existing
signs are to remain or be removed; the name of the application or
other identifying title; the name, address and telephone number of
the person who prepared the drawing; and the date of the original
submission and all revisions, with notations identifying the revisions.
[2]
Elevation, color rendering and specifications for the proposed
sign; its vertical, horizontal and depth dimensions; its projection
from the building; total exterior wall length for the unit of occupancy
for which the sign is proposed; and lettering, wording and symbols;
colors, texture and materials.
[3]
Application fee.
(c)
An application for a sign permit for any other type of sign
shall also be accompanied by the following:
[1]
Drawing of the entire site, prepared at a scale of not less than one inch equals forty feet, identifying the location of all existing and proposed signage and other structures, parking areas, vehicular and pedestrian circulation areas; the setback from any freestanding sign to the lot line; lot area for any site used for residential purposes and total (aggregated) sign area for any other site; the unit of occupancy within a building to which any building-mounted sign applies; the square footage of any occupancies which are the subject of an application for a Type "(d)" sign permit as described in § 60-410D(13) herein; whether existing signs are to remain or be removed; the name of the application or other identifying title; the name, address and telephone number of the person who prepared the drawing; a vicinity map, at a convenient scale, showing the applicant's entire property in relation to surrounding properties, streets, etc., within 500 feet of the site; North arrow, written and graphic scales, and the date of the original submission and all revisions, with notations identifying the revisions.
[2]
Elevations, artist's rendering and specifications for proposed
sign(s) and any existing sign(s) which has not received a sign permit,
indicating type of sign(s); its vertical, horizontal and depth dimensions;
projection above and from building (if applicable); height above ground
(if applicable); clearance below sign (if applicable); total exterior
wall length for any sign(s) proposed to be attached flush to the wall
of a building (if applicable); lettering, wording and symbols; colors,
texture and materials; and details of illumination (if applicable).
[3]
Specifications for existing sign(s) to remain, indicating type
of sign(s); its sign area; and location.
[4]
Photographs indicating location(s) of existing sign(s) to remain
and proposed sign(s) on the subject property.
[5]
Color swatches and material samples for proposed signs.
[6]
Application fee.
F.
Public garages and gasoline filling stations. Public garages and
gasoline filling stations shall be subject to the following special
provisions in regard to their location and design:
[Amended 5-8-1984 by L.L. No. 4-1984]
(1)
No part of any vehicle entrance to or exit from any public garage
or gasoline filling station shall be closer than 50 feet to the boundary
line of any residential district.
(2)
No part of any public garage or gasoline filling station and no gasoline
or oil pump, car lift or other service appliance used to serve or
supply motor vehicles shall be erected within 25 feet of any boundary
line of any residential district.
(3)
No canopy or similar type of roof structure provided over fuel pumps
shall be permitted within 50 feet of any public street or the boundary
line of any residential district.
G.
Professional offices and customary home occupations. A professional
office or customary home occupation may be established as an accessory
use in a dwelling in any residence district, provided that the following
standards and requirements are complied with:
[Added 8-22-1978 by L.L. No. 5-1978]
(1)
Any such use must be located entirely within the principal dwelling
building.
(2)
The primary person or persons involved in such use must be inhabitants
of the dwelling.
(3)
No more than one nonresident partner, associate or employee shall
be permitted to work on the premises.
(4)
No more than 1/4 of the floor area of one floor or 400 square feet,
whichever is less, shall be used for such purposes, except that the
Planning Board, in acting on the site plan for such accessory use,
may permit the use of a greater amount of floor space, provided that
said Board determines that the nature of the use and the location
of the site are such that there will be no conflict with the basic
purpose and intent of this chapter.
(5)
If instruction is involved, it shall be limited to a single pupil
at a time.
(6)
No use shall be permitted which produces or emits beyond the boundaries
of the property any hazard or nuisance, including, in particular,
unusual noise, odor, radiation, light or radio or television interference,
or which involves the treatment, care, experimentation with or breeding
of animals.
(7)
In acting on any site plan for such accessory uses, the Planning
Board may require such screening and limit the nature and hours of
operation to the extent which it determines necessary to reasonably
protect the rights of neighboring property owners and to maintain
the residential character of the area.
H.
Multifamily districts.
[Added 10-29-1979 by L.L. No. 16-1979]
(1)
General purpose and intent. In order to provide suitable opportunities
within the Town for the development of housing designed to satisfy
the needs of smaller households, particularly the young and the elderly,
and of families of low/moderate income and to encourage a broad array
of housing types, dwelling unit sizes and forms of ownership/occupancy,
multifamily zoning districts are hereby established. These districts
are intended to encourage the construction of multifamily housing
on sites determined to be appropriate, based upon criteria established
in the Town Plan and in conformance with the standards recommended
therein, which standards are designed to promote the public health,
safety and general welfare, and to encourage the development of housing
which is responsive to the variety of special size, design, locational
and economic needs of present and future residents of the Town and
the region.
(2)
Multifamily Residence District -- Chappaqua (MFR-C). It is the specific
purpose and intent of the MFR-C District to provide the opportunity
for and encourage the development of energy efficient multifamily
housing in and adjacent to the business center of Chappaqua Hamlet
on sites served by public sewer and water and with the most convenient
access to shopping, mass transportation, major roads and other community
facilities and services. It is the Town's further objective that the
MFR-C District provide both the opportunity for and encourage the
construction of housing at relatively moderate prices. To help achieve
these goals, the following specific standards are set forth for this
district:
(a)
Density. The maximum permitted density within an MFR-C District shall be determined based upon the lot area, percentage of wetlands, waterbodies and watercourses as defined in Chapter 137, Wetlands, or Chapter 64, Environmental Protection Overlay Regulations, if the property is located within an Environmental Protection Overlay District, of the Code of the Town of New Castle, and the degree to which the proposed development is designed to achieve the planning and housing goals as set forth in this chapter and in the Town Plan.
[Amended 7-23-2002 by L.L. No. 5-2002]
[1]
Basic permitted density.
[a]
The basic multifamily density permitted by right in an MFR-C District, subject only to site plan approval by the Planning Board in accordance with § 60-440 of this chapter, and subdivision plat approval, if appropriate, shall be as follows:
|
Dwelling Unit Size
|
Minimum Gross Lot Area Requirement Per Dwelling Unit
(square feet)
| |
|---|---|---|
|
Efficiency (studio) apartment
|
2,200
| |
|
1-bedroom apartment
|
3,300
| |
|
2-bedroom apartment
|
4,400
| |
|
3-bedroom apartment
|
5,500
| |
|
4-bedroom apartment
|
6,600
| |
|
1-family detached dwelling
[Amended 4-11-1990 by L.L. No. 21-1990] |
6,600
|
[b]
The determination of dwelling unit size for the
purpose of calculating the basic permitted density as described above
shall in each case be made by the Planning Board, taking into consideration
the floor plans proposed by the applicant and such other information
as said Board may determine appropriate.
[c]
The area of any wetlands, water bodies or watercourses shall first be multiplied by a factor of 0.33 before being used in accordance with the preceding gross lot-area formula to calculate the basic permitted density on a proposed multifamily development site. All actual construction, however, shall be located on each site in accordance with the requirements of Chapter 137, Watercourses, and in consideration of the need to avoid or minimize adverse environmental impacts in accordance with SEQR requirements.
[2]
Incentive density. Where an applicant for approval of a multifamily development within an MFR-C District agrees to provide certain special features, facilities and/or use restrictions of the types listed below and where the Planning Board determines that the provision of such will serve to further the purpose and intent of this chapter and of the Town Plan, the density within such development may be increased up to 100% beyond the basic permitted density or by so much thereof as determined appropriate by the Planning Board based upon a consideration of the number and combination of incentive features, facilities and/or use restrictions proposed, the need for them at that time, the nature and extent to which the applicant intends to provide them, the appropriateness of the location of the proposed site and the environmental suitability of the site and the proposed development design to accommodate such an increased density. In each such case the applicant must obtain a special use permit from the Planning Board pursuant to the relevant standards and requirements of § 60-430 of this chapter.
[a]
Nonwetlands areas. For that part of the basic permitted
density attributable to the nonwetlands portion of any proposed multifamily
development site, the types of special incentive features, facilities
and/or use restrictions and the maximum permitted density increases
which the Planning Board may grant for them are as follows:
[Amended 8-9-2011 by L.L. No. 10-2011]
|
Incentive Feature
|
Maximum Permitted Increase Beyond the Basic
Permitted Density on Nonwetland Areas
| ||
|---|---|---|---|
|
1.
|
Apartments designated for and limited in occupancy
to low/moderate income families
|
2% for each 1% up to a maximum increase of 30%, and
1% for each 1% thereafter, up to a maximum total increase of 50%
| |
|
2.
|
Senior citizen apartments
|
1% for each 2%
| |
|
3.
|
Apartments designed for and limited to handicapped
persons
|
2% for each 1%, up to a maximum increase of 10%
| |
|
4.
|
Rental apartments
|
1% for each 4%
| |
|
4A.
|
Model ordinance provisions affordable AFFH unit
|
2% for every 1%
| |
|
5.
|
Underground or underbuilding parking, including maneuvering
areas
|
2% for each 5% of the gross number of required off-street
parking spaces provided underground or under principal buildings
| |
|
6.
|
Recreation facilities, including, without limitation,
swimming pools, tennis courts, community centers, etc.
|
15%
| |
|
7.
|
Substantially increased setbacks or special buffer
screening techniques, including, without limitation, earth berms,
masonry walls, etc.
|
10%
| |
|
8.
|
The construction of related off-site improvements,
including, without limitation, the improvement of neighboring access
roads, drainage facilities, etc.
|
15%
| |
|
9.
|
The dedication of land and/or facilities for a public
purpose, provided that the Town Board agrees to accept such dedication
|
15%
| |
|
10.[7]
|
Such other special design features or facilities as
may be requested or approved by the Planning Board
|
15%
| |
|
As a condition of the granting of any density increase for incentive
features 1, 2, 3 or 4 but not 4A above, initial and, where determined
appropriate by the Planning Board, continued eligibility priority
for sale or occupancy of any such special units shall be on the following
basis:
|
[i]
Persons employed in the Town of New Castle;
[ii]
Residents of the Town of New Castle, in order of length of residence
in the Town; and
[iii]
All others.
|
However, the foregoing eligibility priorities for any such special
units shall apply only among persons who offer the same gross purchase
price or monthly rent to the seller or lessor of such unit.
|
[7]
Editor's Note: Former Item 10, which listed energy-efficient
design features as an incentive feature, was repealed 12-10-1985 by
L.L. No. 19-1985. Said local law also redesignated former Item 11
as Item 10.
[b]
Wetland areas. Any incentive density increase in
the basic permitted density attributable to that portion of a site
consisting of wetlands, water bodies or watercourses shall be based
upon consideration of the following incentive criteria by the Planning
Board, in lieu of those criteria set forth for nonwetland areas in
§ 60-410H(2)(a)[2][a] above:
[i]
The locational value of the wetland, water body
or watercourse for buffer screening, open space or conservation purposes.
[ii]
The importance of the environmental function(s)
served by the wetland, water body or watercourse and the extent to
which such function will be preserved or enhanced as a part of the
proposed site development plan.
[iii]
The site design and functional relationship between
the wetland, water body or watercourse and the proposed multifamily
development.
[3]
Required model ordinance provisions affordable AFFH unit component.
Within all multifamily residential developments of at least five but
less than 10 units in a MFR-C District, at least one of the units
must be created as a model ordinance provisions affordable AFFH unit,
and within all multifamily residential developments of 10 or more
units within an MFR-C District, no less than 10% of the total number
of units must be created as model ordinance provisions affordable
AFFH units. No preferences shall be used to prioritize the selection
of income-eligible tenants or purchasers of any model ordinance provisions
affordable AFFH unit created under this section.
[Added 8-9-2011 by L.L. No. 10-2011]
(b)
Traffic access. Properties within an MFR-C District shall have
either direct frontage on a major or collector road as shown on the
Town Plan or safe and convenient access to such a road without passing
through a one-family residence neighborhood.
(c)
Utilities and services.
[1]
Water and sewer service. MFR-C Districts are intended to be
established only on lands located within or adjacent to public water
and sewer districts. If land in an MFR-C District is not presently
within such utility district(s), the establishment of the zoning district
shall be contingent upon the creation or expansion of such utility
district(s) to include the entire area of the lands so zoned. All
dwelling units constructed in the MFR-C District shall be connected
to public water and sewer systems in accordance with standards approved
by the Town Engineer, the Westchester County Health Department and
any other county, state or federal agencies having jurisdiction. All
dwelling units shall be separately metered for water.
[2]
Drainage. Stormwater drainage systems serving any multifamily
development shall be designed so that the rate of runoff from the
site during a one-hundred-year storm will not exceed that which would
have occurred prior to its construction. The calculation of such runoff
rate and the design of the drainage system shall be subject to the
approval of the Town Engineer. The Planning Board may, based upon
the recommendation of the Town Engineer, waive or reduce this requirement
where it is determined that, due to the nature or location of the
property within its watershed, such a standard may be unnecessary
or inappropriate.
[Amended 3-27-1984 by L.L. No. 2-1984[8]]
[8]
Editor's Note: Said local law was readopted 7-31-1984.
[3]
Refuse storage and collection. Plans for the storage and collection
of refuse within any multifamily development shall be subject to Planning
Board approval. The outside storage of refuse, if permitted, shall
be in rodentproof containers conveniently located and enclosed or
otherwise screened from view. Such facilities shall comply with all
setback requirements applicable to principal buildings.
[4]
Underground utilities. All utilities within any multifamily
development, including electric, telephone and cable television service,
shall be placed underground.
[5]
Fire protection. All site plans for multifamily development
shall provide proper access for fire-fighting equipment and personnel
and shall provide hydrants in such number and location and with such
water pressure as may be determined adequate and approved by the Planning
Board, based upon the recommendations of the Town Engineer and the
Fire Department having jurisdiction.
(d)
Coverage. The maximum permitted building coverage within an
MFR-C District shall be 20%, and the maximum permitted development
coverage shall be 35%. Such coverage shall be calculated on the basis
of nonwetland areas, plus 33% of any wetland areas on the site. Parking
structures located wholly underground shall be excluded for the purpose
of these calculations.
[Amended 5-23-1995 by L.L. No. 6-1995]
(e)
Off-street parking. Off-street parking shall be provided in accordance with the standards and requirements of § 60-420F of this chapter. In addition, the following special standards shall apply in the MFR-C District:
[1]
At least 1/3 but no more than 90% of the minimum number of required
parking spaces shall be enclosed.
[2]
No more than one of the minimum required parking spaces for
each dwelling unit may be designed or reserved exclusively for the
use of the occupants of that unit.
[3]
At least 20% of the minimum number of required parking spaces
shall be designed and reserved for the use of visitors and guests.
(f)
Recreation and open space.
[2]
Private outdoor space. Each individual multifamily dwelling
unit shall, if practicable, be provided with a private outdoor space
in the form of a patio, terrace, garden, courtyard, deck or balcony,
which space shall be immediately adjoining and directly accessible
to the dwelling unit which it serves.
[3]
Other open spaces. All portions of any multifamily development
which are not used for one or more of the purposes permitted above
shall be designed and maintained as permanent open space, either to
be landscaped or preserved in its natural state, all in accordance
with plans approved by the Planning Board.
(g)
Other requirements.
[1]
Individual unit access. In general, each individual dwelling
unit within any multifamily development shall have its own separate
entrance/exit leading directly to the outside. The Planning Board
may waive this requirement as a part of site plan approval where said
Board determines that the basic intent of this requirement in terms
of safety and the avoidance of common hallway areas can be met through
other elements of the building design.
[2]
Central antenna systems. If cable television service is not
available to serve a proposed multifamily development, a central exterior
radio/television antenna system or earth station may be provided in
accordance with plans approved by the Planning Board. Exterior antennas
for individual multifamily buildings or dwelling units shall not be
otherwise permitted.
[Amended 12-29-1982 by L.L. No. 17-1982]
(3)
Multifamily Residence District -- Millwood (MFR-M). It is the specific purpose and intent of the MFR-M District to provide both the opportunity and encouragement for the development of moderately high-density, energy-efficient, multifamily housing in and around the center of the Millwood Hamlet on sites served by public or community sewer and water systems and with convenient access to shopping and major roads. It is the Town's further objective that the MFR-M District provide both the opportunity for and encourage the construction of housing at relatively moderate prices. To help achieve these goals, the standards for this District shall be the same as those set forth in Subsection H(2) above for the MFR-C District, except as modified below:
(a)
Density. The permitted basic and incentive densities within
an MFR-M District shall be calculated as in the MFR-C District, except
that they shall be based upon the following minimum lot area standards:
|
Dwelling Unit Size
|
Minimum Gross Lot Area Requirement Per Dwelling Unit
(square feet)
| |
|---|---|---|
|
Efficiency (studio) apartment
|
3,300
| |
|
1-bedroom apartment
|
4,950
| |
|
2-bedroom apartment
|
6,600
| |
|
3-bedroom apartment
|
8,250
| |
|
4-bedroom apartment
|
9,900
| |
|
1-family detached dwelling
[Amended 4-11-1990 by L.L. No. 21-1990] |
9,900
|
(4)
Multifamily Planned Development District (MFPD). It is the specific
purpose and intent of the MFPD District to provide the opportunity
within the Town of New Castle for the development on a planned basis
of medium-density multifamily housing on sites located in existing
single-family residential neighborhoods but in reasonable proximity
to shopping services and other community facilities and with access
to major roads. To help assure the achievement of this goal with proper
protection for existing neighboring development, all future MFPD Districts
which have not already been designated on the Town Zoning Map shall
be established on a floating.zone basis, subject to approval by the
Town Board in each case, and in accordance with an approved preliminary
development concept plan, as described and defined herein.
(a)
Application procedure.
[1]
The procedure for planning and zoning approval of any future proposed
multifamily development in an MFPD District which has not already
been designated on the Town Zoning Map shall involve a two-stage review
process as follows:
[a]
Approval of a preliminary development concept plan and the reclassification
of a specific parcel or parcels of land for development in accordance
with that plan by the Town Board; and
[b]
Approval of a final, detailed site development plan, as well
as a subdivision plat, if appropriate, by the Planning Board.
[2]
For approval of a proposed multifamily development in an MFPD District
which has already been designated on the Town Zoning Map, the Planning
Board shall be the review authority for the approval of the preliminary
development concept plan in Stage 1. Stage 2 shall be the same as
otherwise required herein.
[3]
Application for the establishment of future MFPD Districts shall
be submitted to the Town Board in 15 copies, and in an electronic
file format, at a regularly scheduled meeting of said Board. The application
shall include at least the following items of information:
[Amended 3-27-2012 by L.L. No. 1-2012]
[a]
The names and addresses of the property owner,
of the applicant (if other than the owner) and of the planner, engineer,
architect, surveyor and/or other professionals engaged to work on
the project.
[b]
Where the applicant is not the owner of the property,
written authorization from the owner for the submission of the application.
[c]
A written statement describing the nature of the
proposed project, how it is designed to serve the purposes of this
chapter (including its consistency with the Town Plan), an analysis
of the site's relationship to immediately adjoining properties and
the surrounding neighborhood, the availability and adequacy of community
facilities and utilities to serve it, the safety and capacity of the
street system in the area in relation to the anticipated traffic generation
and such other information as may be required by law or determined
necessary by the Town Board or Planning Board to properly enable them
to review and decide upon the application.
[d]
A written statement of the proposed method of ownership
and maintenance of all common utilities, facilities and open space
lands within the proposed development.
[e]
A preliminary development concept plan for the
proposed project, drawn to a convenient scale and including the following
items of information:
[i]
The area of the property in both acres and square
feet.
[ii]
A map of existing terrain conditions, including
topography with a vertical contour interval of no more than two feet,
identification of soil types (including wetlands), existing drainage
features, major rock outcroppings, the extent of existing wooded areas
and other significant vegetation, existing stone walls, etc.
[iii]
A site location sketch indicating the location
of the property with respect to neighboring streets and properties,
including the names of all owners of property within 500 feet thereof.
This should also show the existing zoning of the property and the
location of all zoning district boundaries in the surrounding neighborhood.
[iv]
A preliminary site development plan indicating
the approximate location, height and design of all buildings, the
arrangement of parking areas and access drives and the general nature
and location of other proposed site improvements, including recreational
facilities, landscaping and screening, the storm drainage system,
water and sewer connections, etc.
[v]
A generalized time schedule for the staging and
completion of the proposed project.
[vi]
An application fee in an amount as set forth by
resolution of the Town Board in the Master Fee Schedule, which may
be amended, for each proposed dwelling unit.
[Amended 9-10-2002 by L.L. No. 8-2002]
[f]
If required by the Planning Board for purposes
of better illustrating or understanding the applicant's proposal,
a three-dimensional scale model of the site's terrain and the proposed
development concept, in part or in its entirety, at the discretion
of the Planning Board, and at a scale acceptable to the Planning Board.
[Added 3-27-1984 by L.L. No. 2-1984[10]]
[10]
Editor's Note: Said local law was readopted 7-31-1984.
[4]
Referral to Planning Board. Upon receipt of a properly completed
application for establishment of a new MFPD District, eight copies
of such application shall be referred to the Planning Board for review
and report. Within 65 days of the date of the Planning Board meeting
at which such referral is received, the Planning Board shall report
its recommendations back to the Town Board. No action shall be taken
by the Town Board until receipt of the Planning Board report or the
expiration of the Planning Board review period, whichever comes first.
Said review period may be extended by mutual consent of the Planning
Board and the applicant.
[5]
Planning Board report. The Planning Board, in its report to
the Town Board, may recommend either approval of the proposed application
for the establishment of the MFPD District, with or without modifications,
or disapproval. In the event of a recommendation for disapproval,
the Planning Board shall state in its report the reasons therefor.
In preparing its report and recommendation, the Planning Board shall
take into consideration the recommendations of the Town Plan, the
existing nature and arrangement of land uses in the area, the relationship
of the proposed design and location of buildings on the site, traffic
circulation both on and off the site, the adequacy of available community
facilities and utilities to service the proposed development, compliance
of the proposed development with the standards and requirements of
this chapter, the then current need for such housing and such other
factors as may be appropriately related to the purpose and intent
of this section and the Town Code.
[6]
Town Board public hearing. Within 45 days of the date of Town
Board receipt of the Planning Board's report and recommendation or
the expiration of the Planning Board review period, whichever occurs
first, the Town Board shall schedule and hold a public hearing on
the MFPD zoning application with the same notice as prescribed by
law for zoning amendments.[11]
[7]
Town Board action.
[a]
Within 45 days of the date of the close of the
public hearing, the Town Board shall act either to approve, approve
with modifications or disapprove the preliminary development concept
plan and the establishment of the MFPD District. Approval or approval
with modifications is required for and shall be deemed to authorize
the applicant to proceed with the detailed design of the proposed
development in accordance with such concept plan and the subsequent
procedures and requirements of this section. A copy of the resolution
containing the Town Board's decision shall be forwarded to the Planning
Board and to the applicant. A copy shall also be placed on file in
the office of the Town Clerk and, if in the form of an approval, the
official copy of the Town Zoning Map shall be amended accordingly.
[b]
Approval of the establishment of an MFPD District
which was not designated on the Town Zoning Map prior to January 1,
1980, shall expire within 12 months of the date of Town Board approval
if the applicant has not applied for and received site development
plan approval and final subdivision approval, if appropriate, for
at least the first section of the planned development from the Planning
Board in accordance with the subsequent requirements of this chapter
and unless work on the site is begun within 18 months of Town Board
approval and is being prosecuted to conclusion with reasonable diligence.
The Town Board, upon request of the applicant, may extend either or
both of the above time periods in increments of not more than six
months each time that an extension is granted. In the event of expiration
of approval, the MFPD District shall automatically be removed from
the subject property, and such property shall revert to its prior
zoning classification. The Town Clerk shall amend the official copy
of the Zoning Map accordingly.
[Amended 3-12-2013 by L.L. No. 4-2013]
[8]
Final site development plan approval by the Planning Board.
[a]
No earthwork, land clearing, construction or development shall take place on any property within an MFPD District except in accordance with a site development plan approved by the Planning Board in accordance with this section and with the procedures and standards for site development plan approval as set forth in § 60-440 of this chapter.
[b]
Where a proposed multifamily development also involves the construction of a new street or any subdivision or resubdivision of land, no development may proceed until the Planning Board has also granted final subdivision approval in accordance with the standards and procedures of the Land Subdivision Regulations, Chapter 113 of this Code.
(b)
Development standards. Development within MFPD Districts shall be governed by the same standards as those set forth in Subsection H(2) above for MFR-C Districts, except as modified below:
[1]
Location. The establishment of MFPD Districts shall be permitted
only within R-1/4A, R-1/2A, R-1A and nonresidential districts and
only when the location is within 1/2 mile of the boundary of a business
district.
[2]
Minimum site size. The minimum site size required for the establishment
of an MFPD District shall be five acres, but, in any case, the site
shall be of such shape, dimension, topography and location as will
allow for an appropriate and attractive development with proper setbacks,
screening and a harmonious relationship with adjoining land uses and
the natural physical terrain.
[3]
Ownership. A proposed MFPD District site may be owned by one
or more persons or corporations but shall be presented as a single
parcel of land at the time application for rezoning is made. The application
shall be jointly filed by all owners and, if approved, shall be jointly
binding on them. If required by the Planning Board, this shall be
confirmed by written agreement, in recordable form satisfactory to
the Town Attorney.
[4]
Density. The permitted basic and incentive densities within
an MFPD District shall be calculated as in the MFR-C District, except
that they shall be based upon the following minimum lot area standards:
|
Dwelling Unit Size
|
Minimum Gross Lot Area Requirement Per Dwelling Unit
(square feet)
| |
|---|---|---|
|
Efficiency (studio) apartment
|
4,400
| |
|
1-bedroom apartment
|
6,600
| |
|
2-bedroom apartment
|
8,800
| |
|
3-bedroom apartment
|
11,000
| |
|
4-bedroom apartment
|
13,200
| |
|
1-family detached dwelling
[Amended 4-11-1990 by L.L. No. 21-1990] |
13,200
|
|
The granting of any incentive density increase within an MFPD
District and the amount of such increase shall be determined by the
agency responsible for the approval of the preliminary development
concept plan.
|
[5]
Coverage. The maximum permitted building coverage within an
MFPD District shall be 15%, and the maximum permitted development
coverage shall be 30%. Such coverage shall be calculated on the basis
of nonwetland areas, plus 33% of any wetland areas on the site. Parking
structures located wholly underground shall be excluded for the purpose
of these calculations.
[Amended 5-23-1995 by L.L. No. 6-1995]
(5)
Accessory apartments in one-family residence districts. It is the
specific purpose and intent of allowing accessory apartments on one-family
properties in all one-family residence districts to provide the opportunity
and encouragement for the development of small, rental housing units
designed, in particular, to meet the special housing needs of single
persons and couples of low and moderate income, both young and old,
and of relatives of families presently living in New Castle. Furthermore,
it is the purpose and intent of this provision to allow the more efficient
use of the Town's existing stock of dwellings and accessory buildings,
to provide economic support for present resident families of limited
income and to protect and preserve property values. To help achieve
these goals and to promote the other objectives of this chapter and
of the Town Development Plan, the following specific standards are
set forth for such accessory apartment uses:
[Amended 7-7-1981 by L.L. No. 6-1981; 3-9-1982 by L.L. No.
3-1982; 6-9-1987 by L.L. No. 5-1987; 5-22-1990 by L.L. No.
26-1990; 6-25-1991 by L.L. No. 13-1991; 10-8-2002 by L.L. No.
10-2002[12]]
(a)
Owner occupancy required. An owner of the one-family lot upon
which the accessory apartment is located shall occupy at least one
of the dwelling units on the premises as a principal residence.
(b)
Location on the lot. An accessory apartment may be located either
in the principal dwelling building or in an accessory building, provided
that such principal dwelling building or accessory building conforms
to the other requirements of this chapter, unless a variance therefor
shall have been granted by the Zoning Board of Appeals. An accessory
apartment shall not be located in space originally designed to be
used for the indoor storage of vehicles, unless such space is in excess
of that which is needed to satisfy the minimum off-street parking
requirement for the existing principal use on the subject property
or unless an alternative location for such parking satisfactory to
the Planning Board is provided. Such alternative location may include
but shall not be limited to newly constructed garage space or an outdoor
parking area that is adequately buffered to visually screen its location
from adjacent streets and residences on abutting lots.
(c)
Apartment size. The floor area for an accessory apartment within
a principal dwelling building shall be at least 300 square feet, but
in no case shall it exceed the lesser of 1,000 square feet or 30%
of the total area of the dwelling building in which it is located,
unless, in the opinion of the Planning Board, a greater or lesser
amount of floor area is warranted by the characteristics of the particular
building, which may include but not be limited to consideration of
its existing floor plan and structural characteristics. The floor
area for an accessory apartment located in an accessory building shall
be at least 300 square feet, but in no case shall it exceed 1,000
square feet. There shall be no more than two bedrooms in any accessory
apartment.
[1]
Requirements for construction, alteration or enlargement:
[Amended 1-8-2019 by L.L.
No. 1-2019]
[a]
A principal dwelling building may be altered, enlarged
or constructed to accommodate an accessory apartment, provided that
such alteration, enlargement or construction conforms to the other
requirements of this chapter, unless a variance therefor shall be
granted by the Zoning Board of Appeals.
[b]
An accessory building may be altered, enlarged
or constructed to accommodate an accessory apartment, provided that
such alteration, enlargement or construction conforms to the other
requirements of this chapter, unless a variance therefor shall be
granted by the Zoning Board of Appeals and, if such alteration or
enlargement is of an existing accessory building, the Planning Board
finds that such alteration or enlargement is warranted by the characteristics
of the particular building, which may include but not be limited to
consideration of desirable functional and aesthetic modifications,
and will not produce a result that is inconsistent with the purposes
of this chapter.
(d)
Number of accessory apartments per lot. There shall be no more
than one accessory apartment permitted on a one-family building lot.
(e)
Exterior appearance. If an accessory apartment is located in
the principal dwelling building, the entry to such unit and its design
shall be such that, to the degree reasonably feasible, the appearance
of the building will remain as a one-family residence.
(f)
Water and sewer service. Prior to the issuance of a building
permit for the establishment of an accessory apartment in a principal
dwelling building or the conversion of a portion of an existing accessory
building to an accessory apartment use or construction of an accessory
building to accommodate an accessory apartment, approval of the proposed
method of water supply and sewage disposal shall be obtained from
the Westchester County Department of Health and shall be further subject
to approval by the Town Engineer. Wherever determined reasonably feasible
by the Town Engineer, separate metering of water service shall be
required.
(g)
Off-street parking. Off-street parking shall be provided in accordance with the standards and requirements of § 60-420F of this chapter.
(h)
Application procedure. Site development plan approval for an accessory apartment shall be secured in accordance with the provisions of § 60-440 of this chapter, except as modified below:
[1]
In lieu of the requirements set forth in § 60-440B(2) of this chapter, the application shall be accompanied by a site development plan based on a property survey and shall contain the following information:
[a]
A location map showing the applicant's entire property
and adjacent properties and streets at a convenient scale. A copy
of the pertinent portion of the Town's tax maps may be used for this
purpose, provided that the applicant's property is clearly identified.
[b]
The location of the building in which the proposed
accessory apartment is to be established and the location of any other
building or structure on the subject property.
[c]
A floor plan showing the proposed accessory apartment
in relation to the overall floor plan of the building in which it
is located.
[d]
The location of all existing and proposed parking
areas, with ingress and egress drives thereto.
[e]
A description of the method of sewage disposal
and the location of such facilities.
[g]
After review by the Planning Board, any other pertinent
information required by the Planning Board that is reasonably related
to the health, safety and general welfare of the community, which
may include but not be limited to the location and proposed development
of landscaping and buffer screening areas, if applicable.
[2]
Review by Town Engineer. Upon receipt of an application for site development plan approval and prior to submission of such application to the Planning Board, the Town Engineer shall undertake a preliminary review of such application for the purpose of determining its completeness and its conformance with the provisions of this chapter and shall so advise the applicant of his recommendation. As part of his preliminary review, the Town Engineer also may request the submission of additional pertinent information which is reasonably related to the health, safety and general welfare of the community. When the Town Engineer determines that the application contains the information required in § 60-410H(5)(h)[1] hereof and is in conformance with the basic zoning requirements set forth in this chapter, the application shall be scheduled for discussion at the next available regular meeting of the Planning Board, at which time a public hearing shall also be held.
[3]
Referral to the Police Chief, Fire Marshal and Fire Chief as described in § 60-440B(3) of this chapter shall not be required.
[12]
Editor's Note: This local law also stated that it superseded
any inconsistent provisions of Town Law §§ 267 and
267-b.
(6)
Apartments in B-R Retail Business and B-RP Business Retail and Parking
Districts. It is the specific purpose and intent of allowing apartments
in buildings that are also used for nonresidential purposes in the
B-R and B-RP Districts to add round-the-clock vitality to the Town's
hamlet business centers, provide the opportunity for the creation
of housing in locations that are conveniently served by community
facilities and services, and encourage the preservation and rehabilitation
of existing buildings. To help achieve these goals and to promote
the other objectives of this chapter and of the Town Development Plan,
the following specific standards are set forth for such apartment
uses:
[Added 12-14-2004 by L.L. No. 12-2004]
(a)
Individual dwelling units may be of the efficiency, studio,
one-bedroom or two-bedroom type, but shall not contain more than two
bedrooms. The Planning Board shall have the authority to determine
which rooms may function as bedrooms for the purpose of determining
compliance with this requirement and may include any room other than
bathrooms, kitchens, entrance ways, foyers and closets under the definition
of a bedroom.
(b)
The floor area for an individual dwelling unit shall be at least
300 square feet, but in no case shall it exceed the lesser of 1,000
square feet or 30% of the total area of the building in which it is
located.
(c)
All dwelling units shall comply with all applicable provisions
of the New York State Building Codes and all other applicable laws.
(d)
Water and sewer service. Prior to the issuance of a building
permit for the establishment of an apartment, approval of the proposed
method of water supply and sewage disposal shall be obtained from
the Westchester County Department of Health and shall be further subject
to approval by the Town Engineer, acting in consultation with the
Commissioner of the Town of New Castle Department of Public Works.
Wherever determined reasonably feasible by the Town Engineer, separate
metering of water service shall be required.
(e)
Other utility services. If a connection to cable television
service is not proposed to serve the building containing apartments,
a central exterior radio/television antenna system or earth station
shall be provided in accordance with plans approved by the Planning
Board. Exterior antennas for individual apartments shall not otherwise
be permitted. Provision shall be made for connecting all proposed
communication utility services to the building at a single location.
The proposed location of the common utility area shall be depicted
on the site plan approved by the Planning Board.
(f)
Refuse storage and collection. Plans for the storage and collection
of refuse within any building containing apartments shall be subject
to Planning Board approval, acting in consultation with the Commissioner
of the Town of New Castle Department of Public Works. The outside
storage of refuse, if permitted, shall be in rodent-proof containers
conveniently located and enclosed or otherwise screened from view.
(g)
Fire protection. All site plans for apartments in buildings containing nonresidential uses shall provide proper access for fire-fighting equipment and personnel, and shall provide hydrants in such number and location and with such water pressure as may be determined adequate and approved by the Planning Board, based upon the recommendations of the Town Engineer and the Fire Department having jurisdiction. No-parking zones shall be designated as deemed necessary and if required by the Planning Hoard in accordance with the provisions of § 60-440B(3) of this chapter.
(h)
Off-street parking. Off-street parking shall be provided in accordance with the standards and requirements of § 60-420F of this chapter for multifamily dwellings in business districts.
(i)
Apartment access. The portion of the building that is used for
residential purposes shall have an entrance that does not require
access through the portion of the building that is used for nonresidential
purposes and that is not located on the same side of the building
as the location of a principal entrance to the nonresidential portion
of the building. Such apartment access may be located either below
the street elevation or at the street elevation. Apartments located
below the nonresidential street-level use may be attached to portions
of apartments located behind a nonresidential street-level use only
if access to the upper apartment is provided internally through the
lower-level apartment.
[Amended 6-10-2022 by L.L. No. 7-2022]
(j)
Residential storage. The architectural design of the building
to be used for residential purposes shall take into consideration
the need for residential storage for each apartment. If adequate storage
areas cannot be provided within individual dwelling units, provision
shall be made for common storage areas within the building. Attic
storage may be considered provided that it complies with all applicable
regulations.
(k)
Required model ordinance provisions affordable AFFH unit component.
Within all multifamily developments of at least five but less than
10 units in the B-R or B-RP Districts, at least one of the units must
be created as a model ordinance provisions affordable AFFH unit, and
within all multifamily developments of 10 or more units within the
B-R or B-RP Districts, no less than 10% of the total number of units
must be created as model ordinance provisions affordable AFFH units.
No preferences shall be used to prioritize the selection of income-eligible
tenants or purchasers of any model ordinance provisions affordable
AFFH unit created under this section.
[Added 3-22-2022 by L.L. No. 2-2022]
I.
Dish antennas. The following regulations shall apply to the construction
or placement of dish antennas:
[Added 5-8-1984 by L.L. No. 4-1984]
(1)
In any zoning district, freestanding dish antennas with a diameter or height of more than three feet and all roof-mounted dish antennas shall be subject to site plan approval by the Planning Board in accordance with the standards, procedures and requirements as set forth in § 60-440 of this chapter. Freestanding dish antennas with a diameter or height of three feet or less shall be considered as permitted accessory uses customarily incidental to a permitted principal use on the same lot, subject to all applicable yard and height requirements. All dish antennas shall be properly located and screened to minimize visual impact in accordance with a design approved by the Architectural Review Board.
(2)
As used in this chapter, dish antenna height shall be measured vertically
from the highest point of the antenna, when positioned for operation,
to the bottom of the base which supports the antenna.
(3)
Dish antennas shall not exceed 10 feet in diameter.
(4)
A freestanding dish antenna shall not exceed eight feet in height.
Dish antennas shall not be located within any required yard and, unless
modified by the Planning Board due to unique circumstances, shall
be excluded from the front yard.
(5)
A dish antenna located on a building shall not exceed six feet in height and shall otherwise be subject to the provisions of § 60-420C(3).
(6)
In reviewing any site plan for a proposed dish antenna, the Planning
Board shall require that its location, design and screening be such
as to mitigate any potential visual impact on neighboring properties
or streets through the use of increased setbacks, evergreen landscaping,
earth berms, fencing, architectural features or other such techniques
which encourage harmony with and the protection of the character of
existing buildings and properties.
J.
Athletic training centers. The operation of athletic training centers
shall be subject to the following special provisions in regard to
their operation:
[Added 7-12-1988 by L.L. No. 10-1988; amended 7-24-1990 by L.L. No.
30-1990; 12-10-1990 by L.L. No. 45-1990]
(1)
The offering of classes in gymnastics instruction to athletes engaged in a formal training program as well as to prospective athletes shall be permitted by right. The inclusion of ancillary activities, limited to the offering of classes in ballet dance instruction and the holding of social functions of one day or less in duration for special groups using the gymnastics equipment, shall be subject to the issuance of a special permit by the Planning Board in accordance with the provisions of § 60-430 and § 60-430O(12) of this chapter.
K.
Keeping, breeding, maintenance and flying of pigeons. The use of
property for the keeping, breeding, maintenance and flying of pigeons
shall be permitted on the following conditions:
[Added 7-13-1999 by L.L. No. 12-1999]
(1)
The following types of pigeons shall be permitted. "Pigeon" means
a member of the family Columbidae, and shall include "racing pigeons,"
"fancy pigeons" and "sporting pigeons," as defined herein:
(a)
"Racing pigeon" means a pigeon which, through selective past
breeding, has developed the distinctive physical and mental characteristics
as to enable it to return to its home after having been released a
considerable distance therefrom, and which is accepted as such by
the American Racing Pigeon Union, Inc. or the International Federation
of Racing Pigeon Fanciers. Also commonly known as "racing homer,"
"homing pigeon" or "carrier pigeon."
(b)
"Fancy pigeon" means a pigeon which, through past breeding,
has developed certain distinctive physical and performing characteristics
as to be clearly identified and accepted as such by the National Pigeon
Association, the American Pigeon Club or the Rare Breeds Pigeon Club.
Examples include fantails, pouters and trumpeters.
(c)
"Sporting pigeon" means a pigeon which, through selective past
breeding, has developed the ability to fly in a distinctive manner,
such as aerial aerobatics or endurance flying. Examples include rollers
and tipplers.
(2)
An owner of pigeons at the time of the enactment of this section shall be permitted to keep, maintain and fly any existing and replacement pigeons in their current place of confinement, provided that the keeping, maintenance and flying of such pigeons is in accordance with this section and applicable requirements of this chapter and Chapter 48 of the Code of the Town of New Castle and that the owner may keep, maintain or fly no more pigeons than the number that he or she keeps, maintains or flies at the time of the filing of this law.
[Amended 11-22-2011 by L.L. No. 15-2011]
(a)
Such owner of pigeons shall not be permitted to increase by
acquisition, breeding or otherwise the number of pigeons above the
number of pigeons the owner currently maintains.
(b)
Such existing use shall be deemed a legal nonconforming use, provided
that the owner receives a permit from the Building Department and
complies with this section and all applicable provisions of this chapter.
(c)
After the effective date of this section, no property owner or person
shall be permitted to establish a new use of property for the keeping,
maintenance, breeding or flying of pigeons.
(3)
Within 30 days after the effective date of this section, an owner
of pigeons shall submit an application to the Building Department.
The owner shall certify that the facts contained in the application
are true and accurate. Such application shall state, among other things,
the existing number and type of pigeons owned and a statement describing
the existing loft or other structure for the keeping or housing of
pigeons and whether such structure complies with all applicable provisions
of this chapter. Such application shall also demonstrate to the satisfaction
of the Building Department that the owner has complied with the following
conditions:
(a)
The loft or structure(s) for the keeping or housing of pigeons
permitted by this section shall be of such sufficient size and design,
and constructed of such material, that it can be maintained in a clean
and sanitary condition.
(b)
There shall be at least one square foot of floor space in any
loft for each mature pigeon (aged six months or older) kept therein.
(c)
The construction and location of the loft shall not conflict
with the requirements of this chapter.
(d)
All feed for said pigeons shall be stored in such containers
as to protect against intrusions by rodents and other vermin.
(e)
The loft shall be maintained in a sanitary condition and in
compliance with all applicable health regulations of the Town and
Westchester County.
(f)
All pigeons shall be confined to the loft, except for limited
periods necessary for exercise, training and competition; and at no
time shall pigeons be allowed to perch or linger on the buildings
or property of others.
(g)
All pigeons shall be fed within the confines of the loft.
(h)
No one shall release pigeons to fly for exercise, training or
competition except in compliance with the following rules:
[1]
The owner of the pigeons must abide by the rules of an organized
pigeon club, such as the American Racing Pigeon Union, Inc., the International
Federation of Racing Pigeon Fanciers, the National Pigeon Association,
the American Tippler Society, the International Roller Association,
the Rare Breeds Pigeon Club or a local club which has rules that will
help preserve the peace and tranquility of the neighborhood.
[2]
Pigeons will not be released for flying which have been fed
within the previous four hours.
(i)
Pigeons shall be banded and registered with one of the national
pigeon associations/registries.
(4)
Upon payment of a fee as set forth by resolution of the Town Board in the Master Fee Schedule, which may be amended, and upon demonstration to the satisfaction of the Building Inspector of compliance with the requirements of this section and applicable regulations of this chapter and Chapter 48 of the Code of the Town of New Castle, a permit shall be issued to the owner, which shall remain in full force and effect unless suspended or revoked. If the use of the loft or other structure for the keeping or housing of pigeons ceases for any reason for a continuous period of more than six months, the permit issued hereunder shall be permanently revoked. If the property owner ceases to own or occupy the property in which the loft has been constructed, the permit issued hereunder is not assignable, and such permit shall be permanently revoked.
[Amended 9-10-2002 by L.L. No. 8-2002; 11-22-2011 by L.L. No.
15-2011]
L.
Solar collectors and installations.
[Added 6-21-2017 by L.L.
No. 5-2017]
(1)
Purpose and intent.
(a)
Solar energy is a renewable and nonpolluting energy resource
that can prevent fossil fuel emissions and reduce a municipality's
energy load. Energy generated from solar energy systems can be used
to offset energy demand on the grid where excess solar power is generated.
(b)
The use of solar energy equipment for the purpose of providing
electricity and energy for heating and/or cooling is a priority and
is a necessary component of the Town of New Castle's current and long-term
sustainability agenda.
(c)
This chapter aims to promote the accommodation of solar energy
systems and equipment and the provision for adequate sunlight and
convenience of access necessary therefor, and to balance the potential
impact on neighbors when solar collectors may be installed near their
property while preserving the rights of property owners to install
solar energy systems without excess regulation.
(2)
Definitions.
(a)
For the purposes of this subsection, the following terms, phrases,
words and their derivations shall have the meanings given herein.
When not inconsistent with the context, words used in the present
tense include the future, words used in the plural number include
the singular number and words used in the singular number include
the plural number. The word "shall" is always mandatory and not merely
directory.
(b)
BUILDING-INTEGRATED PHOTOVOLTAIC (BIPV) COLLECTORS
FLUSH-MOUNTED SOLAR PANEL
FREESTANDING OR GROUND-MOUNTED SOLAR ENERGY COLLECTOR
LARGE-SCALE SOLAR COLLECTION SYSTEM or SOLAR FARM
PASSIVE SOLAR DESIGN
PHOTOVOLTAIC (PV) COLLECTOR
QUALIFIED SOLAR INSTALLER
ROOFTOP OR BUILDING-MOUNTED SOLAR COLLECTOR
SOLAR ACCESS
SOLAR ENERGY EQUIPMENT
SOLAR THERMAL COLLECTOR
As used in this subsection, the following certain words and
phrases shall have the meanings indicated:
A solar energy system that consists of integrating photovoltaic
modules into the building envelope, such as the roof or the facade,
which does not alter the roofline.
A photovoltaic panel or tile that is installed flush to the
surface of a roof and which cannot be angled or raised.
A solar energy system that is directly installed in the ground
and is not attached or affixed to an existing structure. Pole-mounted
solar energy systems shall be considered freestanding or ground-mounted
solar energy systems for purposes of this chapter.
An area of land or other area, on property consisting of
10 acres of more, used for a solar collection system principally used
to capture solar energy and convert it to electrical energy for interconnection
to the utility grid under New York State regulations for remote net-metering
and/or community distributed generation (CDG or community solar).
Solar facilities consist of one or more freestanding ground- or roof-mounted
solar collector devices, solar-related equipment and other accessory
structures and buildings, including light reflectors, concentrators,
heat exchangers, substations, electrical infrastructure, transmission
lines and other appurtenant structures and facilities.
A solar energy system that relies upon original or retrofitted
design features and building materials of a structure to enhance the
use of natural forces to provide heating and cooling within a building.
A solar energy system that produces electricity by the use
of semiconductor devices, called "photovoltaic cells," which generate
electricity whenever light strikes them.
A person who has skills and knowledge related to the construction
and operation of solar electrical equipment and installations and
has received safety training on the hazards involved. Persons who
are on the list of eligible photovoltaic installers maintained by
the New York State Energy Research and Development Authority (NYSERDA),
or who are certified as a solar installer by the North American Board
of Certified Energy Practitioners (NABCEP), shall be deemed to be
qualified solar installers for the purposes of this definition. Persons
who are not on NYSERDA's list of eligible installers or NABCEP's list
of certified installers may be deemed to be qualified solar installers
if the Building Inspector or such other Town officer or employee determines
such persons have had adequate training to determine the degree and
extent of the hazard and the personal protective equipment and job
planning necessary to perform the installation safely. Such training
shall include the proper use of special precautionary techniques and
personal protective equipment, as well as the skills and techniques
necessary to distinguish exposed energized parts from other parts
of electrical equipment and to determine the nominal voltage of exposed
live parts.
A solar system in which solar panels are mounted on top of
the structure of a roof either as a flush-mounted system or as a module
fixed to frames which can be tilted toward the south at an optimal
angle. This includes carports and parking garages.
Space open to the sun and clear of overhangs or shade, including
the orientation of streets and lots to the sun so as to permit the
use of active and/or passive solar energy systems on individual properties.
Solar collectors, controls, energy storage devices, heat
pumps, heat exchangers, batteries, and other materials, hardware or
equipment necessary to the process by which solar radiation is collected,
converted into another form of energy, stored, protected from unnecessary
dissipation and distributed.
A device or combination of devices which relies upon solar
radiation as an energy source and that is employed for the purposes
of heating or cooling a building, the heating of water. For the purposes
of this chapter, a solar collector does not include any solar energy
system of four square feet in size or less.
(3)
Permitting and placement requirements.
(a)
Building permits shall be required for installation of all solar
collectors, including rooftop, BIPV, building-mounted, freestanding
and ground-mounted solar collectors.
(b)
Rooftop and building-mounted solar collectors are permitted
in all zoning districts, subject to the following requirements:
[1]
Any height limitations provided in the Town Code shall not be
applicable to solar collectors. Solar collectors shall be erected
only to such height as reasonably necessary to accomplish the purpose
for which they are intended to serve, but in no case on flat roofs
shall the maximum height of a panel in a tilted position exceed five
feet above the surface of the roof.
[2]
The design of the solar energy system shall make best efforts
to blend into the architecture of the building or be screened from
routine view from public rights-of-way. Rooftop and building-mounted
solar collectors shall use black or neutral, nonreflective colors,
provided such colors are commercially available.
[3]
Panels on pitched roofs (above 1/12 pitch) must be mounted at
the same angle as the roof's surface with a maximum distance of 12
inches between the roof and highest edge of the system, unless superseded
by New York State law.
(c)
Building-integrated photovoltaic (BIPV) systems. BIPV systems
are permitted in all zoning districts.
(d)
Freestanding and ground-mounted solar collectors are permitted
as accessory structures in all zoning districts, subject to the following
requirements:
[1]
The location of the solar collector shall meet all applicable
setback requirements for accessory structures in the zoning district
in which it is located. Solar collectors are prohibited within wetlands
and are subject to permit review within wetland buffers.
[2]
Site development plan approval by the Planning Board shall be
required for freestanding and ground-mounted solar collector installations
exceeding a total of 250 square feet of surface area.
[3]
The height of the solar collector and any mounts shall not exceed
20 feet when oriented at maximum tilt.
[4]
The total surface area of all ground-mounted and freestanding
solar collectors on the lot shall not exceed 1,000 square feet. The
area beneath ground-mounted and freestanding solar collectors shall
be used in calculating total surface area.
[5]
The solar collector shall be located in a side or rear yard.
[6]
During site development plan review, the Planning Board shall
require freestanding and ground-mounted solar collectors to be screened
when possible and practicable from adjoining lots and street rights-of-way
through the use of architectural features, earth berms, landscaping,
fencing or other screening which will harmonize with the character
of the property and surrounding area. The proposed screening shall
not interfere with normal operation of the solar collectors.
[7]
For applications subject to site development plan review by
the Planning Board, solar energy equipment shall be located in a manner
to reasonably minimize view blockage for surrounding properties and
shading for property to the north, while still providing adequate
solar access for collectors.
[8]
Solar collectors and solar energy equipment shall not be placed
in such a way as to obstruct proper sight distance or otherwise interfere
with pedestrian or traffic flow or means of ingress or egress.
(e)
If a solar collector ceases to perform its originally intended
function for more than 12 consecutive months, the property owner shall
remove the collector, mount and associated equipment and facilities
by no later than 90 days after the end of the twelve-month period.
(4)
Large-scale solar collection system or solar farm.
(a)
Large-scale solar collectors or solar farms are permitted in all zoning districts and shall require a special use permit from the Planning Board in accordance with provisions of § 60-430, which shall be valid for a term of 25 years, and shall meet the following additional requirements:
[1]
The total development coverage of all buildings and structures
on a lot, including freestanding solar panels which shall be measured
in terms of surface area for the purpose of calculating coverage,
shall not exceed 75%.
[2]
Height, setback and lot area restrictions.
[a]
The minimum lot area shall be 10 acres.
[b]
The maximum height for freestanding solar panels
located on the ground or attached to a framework located on the ground
shall not exceed 20 feet in height above the ground.
[c]
The minimum setback from property lines for all
solar collectors and equipment shall be 100 feet.
[d]
A landscaped buffer shall be provided around all
solar collectors and equipment to provide screening from adjacent
properties and roads.
[3]
Design standards.
[a]
Removal of trees and other existing vegetation
should be minimized or offset with planting elsewhere on the property.
[b]
All on-site utility and transmission lines shall,
to the extent feasible, be placed underground.
[c]
All solar collectors and mechanical equipment,
including any structure for batteries or storage cells, shall be enclosed
by a minimum six-foot-high fence with a self-locking gate provided
with landscape screening.
[d]
A large-scale solar collector or solar farm to
be connected to the utility grid shall provide a proof of concept
letter from the utility company acknowledging the solar farm will
be connected to the utility grid in order to sell electricity through
the public utility. Such information should be included as part of
the building permit application.
[5]
Abandonment.
[a]
All applications for a large-scale solar collection
system or solar farm shall be accompanied by a decommissioning plan
to be implemented upon abandonment, or cessation of activity or in
conjunction with removal of the facility, prior to issuance of a building
permit.
[b]
The decommissioning plan must ensure the site will
be restored to a useful, nonhazardous condition without delay, including,
but not limited to, the following:
[i]
Removal of aboveground and below-ground equipment,
structures and foundations.
[ii]
Restoration of the surface grade and soil after
removal of equipment.
[iii]
Revegetation of restored soil areas with native
seed mixes, excluding any invasive species.
[iv]
The plan should include a time frame for the completion
of site restoration work.
[c]
In the event that the facility is not completed
and functioning within 18 months of the issuance of the final special
permit approval, the Town may notify the operator and/or the owner
to complete construction and installation of the facility within 180
days. If the owner and/or operator fails to perform and unless documentation
is provided from the utility, the Town may notify the owner and/or
operator that failure to complete construction has been deemed to
constitute an abandonment and the Town may require the owner and/or
operator to implement the decommissioning plan.
[d]
Upon cessation of activity of a constructed facility
for more than 12 consecutive months, the Town may notify the owner
and/or operator of the facility to implement the decommissioning plan
at the owner's expense.
(b)
A special permit approved by the Planning Board for a large-scale solar collector or solar farm may be renewed by the Planning Board for an additional five year term upon written request of the applicant. Upon each request for a renewal, the applicant shall demonstrate compliance with all conditions of the special permit, the general special permit standards set forth at § 60-430 of this chapter, and the forgoing additional requirements set forth at § 60-410L(4)(a). A public hearing for the special permit renewal may be scheduled at the discretion of the Planning Board, but is not required. Consideration shall be given to updating the infrastructure to meet current technology standards.
(5)
Safety.
(a)
All solar collector installations must be performed by a qualified
solar installer, and prior to operation, the electrical connections
must be inspected by the Building Inspector and by an appropriate
electrical inspection person or agency, as determined by the Town.
In addition, any connection to the public utility grid must be inspected
by the appropriate public utility.
(b)
Solar energy systems shall be maintained in good working order.
(c)
When solar storage batteries are included as part of the solar
collector system, they must be placed in a secure container or enclosure
meeting all applicable requirements when in use and when no longer
used shall be disposed of in accordance with the laws and regulations
of the Town and other applicable laws and regulations.
(d)
Marking of equipment.
[1]
Solar energy systems and equipment shall be marked in order
to provide emergency responders with appropriate warning and guidance
with respect to isolating the solar electric system. Materials used
for marking shall be weather-resistant. For residential applications,
the marking may be placed within the main service disconnect. If the
main service disconnect is operable with the service panel closed,
then the marking should be placed on the outside cover.
[2]
For commercial application, the marking shall be placed adjacent
to the main service disconnect in a location clearly visible from
the location where the lever is operated.
M.
Vape shops and marijuana retail stores. Vape shops and marijuana
retail stores shall be subject to the following special provisions
in regard to their location:
[Added 11-14-2017 by L.L.
No. 8-2017; amended 5-28-2019 by L.L. No. 5-2019]
(1)
Vape shops and marijuana retail stores shall not be located within
500 feet of the lot line of any park, playground, library, or religious
institution; such distance shall be measured from the closest point
of the store front to the nearest point of the lot line of the property
with a park, playground, or religious institution.
(2)
Vape shops and marijuana retail stores shall not be located within
2,000 feet of the lot line of any school; such distance shall be measured
from the closest point of the storefront to the nearest point of the
lot line of the school property.
(3)
Vape shops and marijuana retail stores shall be prohibited in all residence districts as identified in Town Code § 60-300A.
(4)
No more than one vape shop and/or marijuana retail store shall be
located on any lot or within 1,000 feet of any other vape shop and/or
marijuana retail store.
N.
Keeping and raising of chickens. The purpose of this subsection is
to provide standards and regulations for keeping chickens within a
residential environment; to avoid potential impacts on neighboring
properties and to provide for the health and welfare of chickens.
The keeping of chickens is for personal use only. No selling of animals,
eggs or manure is permitted.
[Added 11-21-2017 by L.L.
No. 9-2017]
(1)
Permitted accessory use.
(a)
The keeping and raising of no more than six chickens shall be
a permitted accessory use on lots of at least one acre in residential
districts.
(b)
On lots located in the R-1A District that are less than one
acre, the keeping and raising of no more than six chickens shall be
a permitted accessory use, provided that an applicant demonstrates
to the satisfaction of the Building Inspector that all setback requirements
in this subsection will be met.
(c)
On lots of at least two acres, the keeping and raising of no
more than 12 chickens shall be a permitted accessory use in residential
districts.
(2)
ANIMAL CONTROL WARDEN
CHICKEN
CHICKEN COOP
CHICKEN ENCLOSURE
Definitions. As used in this subsection, the following terms shall
have the respective meanings ascribed to them:
The Animal Warden of the Town of New Castle.
A domestic fowl kept for its eggs or meat.
A small house where female chickens are housed.
An enclosed fenced area or pen with overhead screening.
(3)
Permit required. Any person wishing to keep chickens on residential
property on a lot that is one acre or larger shall first obtain a
permit from the Town Clerk and pay a fee, as set forth in the Town
Fee Schedule.
(a)
The permit application shall be on such forms as provided by
the Town Clerk.
(b)
In the event that a property owner discontinues the keeping
of chickens for a period exceeding one year, the use of the property
for the keeping of chickens shall be deemed discontinued, and a property
owner shall apply for a new permit.
(4)
Standards for the keeping of chickens. The keeping of chickens shall
be subject to the following conditions and requirements, which shall
be observed at all times:
(a)
Only female chickens, or hens, may be kept. The keeping of roosters
is prohibited.
(b)
Chickens shall be provided with adequate food and water at all
times.
(c)
The composting of chicken manure and the use of such manure
shall comply with the best practice management guidelines. The use
of any compost containing chicken manure and all manure-based operations
shall be subject to a twenty-foot setback from all property lines,
and runoff shall not encroach on neighboring properties. Any composting
of chicken manure and use of such manure shall not create a public
or private nuisance, as determined by the Building Inspector. The
use of raw chicken manure is prohibited.
(d)
All persons who keep, possess or maintain chickens must comply
with the Town Noise Ordinance[13] and shall not permit the chickens to make noises of such
a nature as to be heard beyond the property on which such chickens
are harbored between 10:00 p.m. and 6:00 a.m.
(e)
All feed must be kept indoors in metal containers with metal
covers, with securely fastened covers, at all times to minimize the
infestation of rodents or problems with predators.
(f)
Chickens must be confined at all times to the chicken enclosure.
(5)
Coops and enclosures. All coops and enclosures for the keeping of
chickens shall be subject to the following conditions:
(a)
The coop and enclosures shall not be located in any front yard.
Coops and enclosures must be located a minimum of 100 feet from any
residence situated on an adjacent lot and outside the minimum setback
of the district in which they are located.
(b)
Any person constructing a coop or enclosure must obtain a building
permit from the Building Department.
(c)
The coop shall be covered and ventilated, and a fenced enclosure/run
is required. The coop and enclosure must be completely secured from
predators, including all openings, ventilation holes, doors and gates.
(d)
The coop must have litter such as straw or shavings on the floor
at all times generally at least four inches in depth. This litter
must be regularly changed to prevent unsanitary and unhealthy conditions.
(e)
The coop must be easily accessible for cleaning and maintenance.
(f)
The coop shall be constructed using durable materials designed
for permanent outdoor use.
(g)
The coop and enclosure shall be kept clean and free of noticeable
odors across property lines.
(6)
Animal welfare.
(a)
Whoever impounds, confines or owns any chicken and fails to
supply the animal with a sufficient quantity of appropriate wholesome
food and fresh water shall be in violation of this subsection.
(b)
Whoever keeps any chicken in an enclosure without adequate room
for exercise, perching and ventilation shall be in violation of this
subsection.
(c)
Whoever keeps any chicken in dirty, damp or disease-prone conditions
shall be in violation of this subsection.
(7)
Enforcement.
(a)
A violation of this subsection shall result in notification
to the Town's Animal Warden.
(b)
The Animal Warden may revoke immediately any permit granted
pursuant to this section if the Animal Warden determines that the
keeping of chickens on the subject property presents a nuisance for
neighboring properties and/or a risk to the health, safety and general
welfare of the surrounding neighborhood or the chickens.
(c)
Any notice of violation of this section shall, upon conviction,
be punishable by a fine not to exceed $250 per day.
O.
Small wireless facilities.
[Added 7-16-2019 by L.L.
No. 10-2019]
(1)
Purpose. The purpose of this subsection is to establish uniform policies
and procedures for the deployment and installation of small wireless
facilities in the Town of New Castle. While the Town recognizes the
importance of wireless telecommunications facilities in providing
high-quality communications services to its residents and businesses,
the Town also recognizes that it has an obligation to protect public
safety and to minimize adverse effects of such facilities.
(2)
Eligible facilities request. Notwithstanding anything to the contrary
in this section, any application for a wireless telecommunications
facility that does not substantially change the dimensions of an existing
tower or base station shall not require a small wireless facility
permit. In the event that a modification to, or replacement of, an
existing tower or base station does not substantially change said
existing tower or base station, all that shall be required is a building
permit from the Town Building Inspector.
(3)
Small wireless facility permit required.
(a)
A small wireless facility shall require a small wireless facility permit to be issued by the Planning Board, except as set forth in § 60-410O(2) for any eligible facilities request.
(b)
All applications for a small wireless facility permit shall
comply with the Small Wireless Facility Design and Review Guideline
Policy[14], to the maximum extent feasible, and the applicable provisions
of this subsection. However, notwithstanding anything to the contrary,
where appropriate, the Planning Board shall have the authority to
waive any requirements set forth in the Small Wireless Facility Design
and Review Guideline Policy and this subsection relating to an application
for, or approval of, a small wireless facility permit.
[14]
The Small Wireless Facility Design and Review Guideline Policy
may be found at the end of this chapter and is on file in the Town
offices and available on the Town website.
(c)
Unless otherwise set forth in this chapter, a DAS facility, microcell facility or other type of wireless telecommunications facility not meeting the definition of small wireless facility as set forth in § 60-210, shall require a special use permit from the Planning Board pursuant to § 60-430O(14).
(4)
Application for small wireless facilities.
(a)
Upon receipt of an application for a small wireless facility,
the Planning Board shall review said application and plans in accordance
with the standards and requirements set forth in the Small Wireless
Facility Design and Review Guideline Policy and this subsection.
(b)
An application for approval of a small wireless facility shall
be submitted on the pertinent forms provided for that purpose by the
Town and shall be jointly filed by the operator of the small wireless
telecommunications services facility and the owner of the property
on which such facility is proposed to be located. The application
and documents accompanying the application shall also be submitted
in an electronic file format.
(c)
The Planning Board may attach such conditions and safeguards
to any small wireless facility permit and site development plan as
are, in its opinion necessary to ensure initial and continued conformance
to all applicable standards and requirements.
(d)
Granting a small wireless facility permit shall not waive the requirement for final site development plan approval, including fees, in accordance with § 60-440.
(e)
The applicant shall submit a site development plan describing
any new proposed structure and antenna and all related fixtures, accessory
equipment, appurtenances and apparatus, including, but not limited
to height above preexisting grade, materials, color and lighting.
(f)
An application for a small wireless facility permit shall be
signed on behalf of the applicant by the person preparing the same
and with knowledge of the contents and representations made therein
and attesting to the truth and completeness of the information. The
landowner, if different than the applicant, shall also sign the application.
At the discretion of the Planning Board, any false statement in the
application may subject the applicant to denial of the application.
(g)
The applicant must provide documentation to verify it has a
legal interest in the site, if not within the public right-of-way.
Said documentation may be in the form of a deed, contract for sale
or lease for the property.
(h)
If proposing a new structure for the purpose of supporting a
small wireless facility, the application shall be accompanied by a
map which shows the applicant's existing and proposed area of coverage.
Such map shall locate all existing wireless telecommunications facility
sites, including small wireless facilities and non-small wireless
facilities, within 1/2 mile of the proposed small wireless facility.
(i)
In addition to the small wireless facility permit application
requirements set forth herein, all applications for the construction
or installation of a new small wireless facility or modification of
an existing small wireless facility shall contain the following information:
[1]
A descriptive statement of the objective(s) for the new facility
or modification, including and expanding on a need such as coverage
and/or capacity requirements, densifying a wireless network, introducing
new services or improving service capabilities;
[2]
The postal address and Tax Map parcel number of the property;
[3]
The location, size, and height of all existing and proposed
structures on the property which is the subject of the application;
[4]
Documentation justifying the total height of any proposed antenna
and structure and the basis therefor;
[5]
The applicant's name, address, telephone number and email address;
[6]
The name, address, phone number and email of the property owner;
[7]
The names, addresses, telephone numbers, and email addresses
of all consultants, if any, acting on behalf of the applicant with
respect to the filing of the application;
[8]
The size of the property, stated both in square feet and lot
line dimensions, and a survey prepared by a licensed professional
surveyor showing the location of all lot lines, if the proposed small
wireless facility is located outside the public right-of-way;
[9]
The location of the nearest residential structure;
[10]
The type, locations and dimensions of all proposed
and existing landscaping and fencing, if the proposed small wireless
facility is located outside the public right-of-way.
[11]
The number, type and model of the antenna(s) proposed,
with a copy of the specification sheet;
[12]
Identify and disclose the number and locations
of any small wireless facility that the applicant has installed in
the Town, or locations the applicant has considered in the past year
for small wireless facilities located in the Town and those sites
submitted or anticipated to be submitted within a one-year period;
[13]
A description of the anticipated maintenance needs,
including frequency of service, personnel needs and equipment needs,
and the potential traffic safety and noise impact of such maintenance;
[14]
A copy of the FCC license applicable for the intended
use of the small wireless facility; and
[15]
Information relating to the expected useful life
of the proposed small wireless facility.
(j)
The applicant shall furnish written certification that the small
wireless facility and attachments are designed and will be constructed
to meet all local, county, state and federal structural requirements
for loads, including wind and ice loads. If the wireless facility
is subsequently approved and constructed, as-built certification indicating
that the facility has been constructed in accordance with all standards
shall be furnished to the Town prior to issuance of any certificate
of occupancy.
(k)
The proposed small wireless facility shall contain a demonstration
that the facility will be sited so as to minimize visual intrusion
as much as possible given the facts and circumstances involved with
the proposed site and facility, will employ stealth technologies as
directed by the Planning Board, where appropriate, and will thereby
have the least-adverse visual effect on the environment, the character
of the community, surrounding properties and on the residences in
the area of the wireless telecommunications facility. The application
shall include photo simulations from at least three reasonable line-of-sight
locations near the proposed site. The photo simulations must be taken
from the viewpoints of the greatest pedestrian or vehicular traffic.
Angle of photo simulation separation must be at least 90° or greater
and provide a full profile depiction.
(5)
Small Wireless facility fees.
(a)
Application fee. At the time an applicant submits an application
for a small wireless facility, such applicant shall pay a nonrefundable
application fee in an amount as determined by the Town Board and set
forth in the Town Fee Schedule, in addition to any other fees required
by law.
(b)
Reimbursement for use of the public right-of-way. In addition
to permit application fees, every small wireless facility located
in the public right-of-way is subject to the Town's right to fix annually
a fair and reasonable fee to be paid for use and occupancy of the
public right-of-way shall be set forth in the Town Fee Schedule.
(6)
Escrow review costs. In accordance with § 96-3, and to the extent permissible under federal law, for small wireless facility applications, the applicant shall be required to provide funds to an escrow account held by the Town to allow the Planning Board to retain such technical experts and other consultants as may be necessary to review the proposal, including, but not limited to, the review of financial and technical aspects of the proposal and of the financial, legal and technical practicability of alternatives which may be available to the applicant.
[Amended 5-12-2020 by L.L. No. 6-2020]
(7)
The Town may reject a small wireless facility application for one
or more of the following reasons, which must be specified with reasonable
detail in the rejection:
(a)
Concerns about structural capacity, safety, reliability, or
generally applicable engineering practices;
(b)
The small wireless permit application is incomplete;
(c)
The proposed small wireless facility and accessory equipment
exceeds the height, dimension or other parameters for small wireless
facilities under applicable state or federal laws, rules or regulations;
(d)
The design documents attached to the small wireless facilities
permit application do not comply with the provisions of this section
or the Town's published Small Wireless Facility Design and Review
Guideline Policy, show interference with the Town's public safety
radio system, traffic signal light system, or other communications
components, or interfere with other existing public or private utilities
already in place in the right-of-way, or interfere with then known
future Town plans for the right-of-way.
(8)
Approval procedures.
(a)
For small wireless facility applications, the Planning Board
may, at its discretion, require a public hearing.
(b)
All decisions of the Planning Board involving applications for
a small wireless facility permit shall be in writing and supported
by substantial evidence contained in a written record.
(c)
No application shall be accepted and no permit shall be issued
for a small wireless facility on a property where the Building Inspector
has found, or there exists a violation of the Town Code and where
such violation has not been corrected.
(d)
Time frames for approval.
[1]
Within 60 calendar days of receipt of a complete application
for the collocation of a small wireless facility on a preexisting
utility pole, monopole or other existing support structure, the Planning
Board shall make a final decision on whether to approval the application
and shall notify the application in writing of such decision.
[2]
Within 90 calendar days of receipt of a complete application
for a small wireless facility on a new utility pole, monopole or other
new support structure, the Planning Board shall make a final decision
on whether to approve the application and shall notify the applicant
in writing of such decision.
[3]
Within 10 calendar days of receipt of an incomplete application
for a small wireless facility, the Town shall notify the applicant
in writing of any supplemental information required to complete the
application. Upon receipt of an applicant's supplemental information
in response to the initial notification of incompleteness by the Town,
the applicable shot clock will reset to zero, and the Town shall have
the full 60 calendar days or 90 calendar days permitted by law to
act on the completed application.
[4]
For any subsequent determinations of incompleteness beyond the
initial, the Town shall notify the applicant of any required supplemental
information within 10 days of receipt of the supplemental submission,
and such notice shall toll the applicable shot clock until the applicant
submits the required supplemental information.
(9)
Location and access.
(a)
Subject to the Planning Board's review and evaluation of technological,
structural, safety and financial considerations associated with alternative
locations for the siting of small wireless facilities, the locational
priorities set forth below are consistent with the Town's obligation
to create the least amount of adverse aesthetic impacts.
(b)
Applicants shall locate, site and erect a small wireless facility
in accordance with the following priorities, Subsection O(9)(b)[1][a]
being the highest priority and Subsection O(9)(b)[3][e] being the
lowest priority.
[1]
Industrial districts.
[a]
Collocation on any Town-owned or federal, state
or local government owned existing utility pole, monopole or other
support structure;
[b]
Collocation on a privately owned existing utility
pole, monopole or other support structure;
[c]
Location on Town-owned property, where there is
no existing utility pole, monopole or other support structure;
[d]
Location on lands owned or controlled by other
governmental corporations within the Town; where there is no existing
utility pole, monopole or other support structure;
[e]
Location on privately owned lands, where there
is no existing utility pole, monopole or other support structure.
[2]
Business districts.
[a]
Collocation on any Town-owned or federal, state
or local government owned existing utility pole, monopole or other
support structure;
[b]
Collocation on a privately owned existing utility
pole, monopole or other support structure;
[c]
Location on Town-owned property, where there is
no existing utility pole, monopole or other support structure;
[d]
Location on lands owned or controlled by other
governmental corporations within the Town, where there is no existing
utility pole, monopole or other support structure;
[e]
Location on privately owned lands, where there
is no existing utility pole, monopole or other support structure.
[3]
Residence districts.
[a]
Collocation on any Town-owned or federal, state
or local government owned existing utility pole, monopole or other
support structure;
[b]
Collocation on a privately owned existing utility
pole, monopole or other support structure;
[c]
Location on Town-owned property, where there is
no existing utility pole, monopole or other support structure;
[d]
Location on lands owned or controlled by other
governmental corporations within the Town; where there is no existing
utility pole, monopole or other support structure;
[e]
Location on privately owned lands, where there
is no existing utility pole, monopole or other support structure.
(c)
No small wireless facility shall be permitted on any designated
historic property or historic district, unless the applicant demonstrates
to the Planning Board's satisfaction that the selected site is necessary
to provide adequate service and no feasible alternative site exists.
(d)
If the proposed site is not the highest priority listed above,
then a detailed explanation must be provided as to why a site of a
higher priority was not selected. The person seeking such an exemption
must satisfactorily demonstrate the reason or reasons why a small
wireless permit should be granted for the proposed site and the hardship
that would be incurred by the applicant if the permit were not granted
for the proposed site.
(e)
An applicant may not bypass a site of higher priority by stating
the site presented is the only site leased or selected.
(f)
An application shall address collocation as an option and, if
such option is not proposed, the applicant must explain why collocation
is commercially or otherwise impracticable.
(g)
Notwithstanding the above, the Planning Board may approve any
site located within the Town, provided that the Planning Board finds
that the proposed site meets the requirements set forth in this subsection,
is in the best interest of the safety, public welfare, character and
environment of the Town and will not have a deleterious effect on
the nature and character of the community and surrounding properties.
(10)
General and specific requirements for small wireless facilities.
(a)
The small wireless facility shall be designed, constructed,
operated, repaired, modified and removed in strict compliance with
all current applicable technical, safety and safety-related codes,
including, but not limited to, the American National Standards Institute
(ANSI) Code, National Electrical Safety Code, and National Electrical
Code.
(b)
A small wireless facility structure shall be designed to withstand
the effects of wind gusts and ice to the standard designed by the
American National Standards Institute as prepared by the engineering
departments of the Electronics Industry Association and Telecommunications
Industry Association (ANSI/EIA/TIA-222, as amended).
(c)
A small wireless facility shall at all times be kept and maintained
in good condition, order and repair by qualified maintenance and construction
personnel, so that the same shall not endanger the life of any person
or any property in the Town.
(d)
A small wireless facility shall not interfere with public safety
communications or the reception of broadband, television, radio or
other communications services enjoyed by occupants of nearby properties.
(e)
A small wireless facility shall not, by itself or in conjunction
with other wireless telecommunications facilities, generate radio
frequency emissions in excess of the standards and regulations of
the FCC. When a small wireless facility is complete, as-built readings
shall be taken and submitted to the Town.
(f)
The Town reserves the right to inspect any small wireless facility
to ensure compliance with the provisions of this subsection and any
other provisions found within the Federal Communications Commission
regulations, the Town Code, state and federal law. The Town and/or
its agents shall have the authority to enter the property upon which
a small wireless facility is located at any time, upon reasonable
notice to the operator and property owner, to ensure such compliance.
(g)
All antennas and other supporting structures shall be made inaccessible
to individuals and constructed or shielded in such a manner that they
cannot be climbed or collided with.
(11)
Setback. A wireless telecommunications support structure used
in connection with a small wireless facility located outside the public
right-of-way shall be set back from the property line of the lot on
which they are located a distance equal to not less than the total
height of the facility, including the support structure, measured
from the highest point of such support structure to the finished grade
elevation of the ground on which it is situated, plus 10% of such
total height. The Planning Board may reduce such setback requirements
based upon consideration of lot size, topographic conditions, adjoining
land uses, landscaping, other forms of screening and/or structural
characteristic of the proposed support structure. However, in no case
shall the Planning Board reduce the setback required to less than
the applicable setback requirements for principal structures in the
district which the property is located.
(12)
Height. A small wireless facility shall be no higher than the
minimum height necessary. The proposed height, which may be in excess
of the maximum height permitted for other structures in the applicable
zoning district, shall address any additional height necessary to
accommodate collocation by additional antenna arrays, but under no
circumstances is the height to be in excess of 50 feet; 10% taller
than other adjacent structures; or extended to a height of more than
10% above its preexisting height as a result of the collocation of
new antenna facilities.
(13)
Visual mitigation.
(a)
A small wireless facility shall be sited so as to have the least-adverse
visual effect on the environment and its character, on existing vegetation
and on the residents in the area of the wireless telecommunications
facility.
(b)
Both the small wireless facility and any and all accessory equipment
shall maximize use of building materials, colors and textures designed
to blend with the structure to which it may be affixed and/or to harmonize
with the natural surroundings.
(c)
A small wireless facility shall not be artificially lighted
or marked, except as required by law. If lighting is required, the
applicant shall provide a detailed plan for sufficient lighting as
unobtrusive and inoffensive an effect as is permissible under federal,
state and local laws, statutes, codes, rules or regulations.
(d)
Electrical and land-based telephone lines extended to serve
the wireless telecommunications services facility sites shall be installed
underground.
(e)
Stealth technologies shall be required to be employed in an
effort to blend into the surrounding environment and minimize aesthetic
impact.
(f)
Landscaping shall be provided, if appropriate.
(g)
A small wireless facility and any accessory equipment shall
be located so as not to cause any physical or visual obstruction to
pedestrian or vehicular traffic, or to otherwise create safety hazards
to pedestrians and/or motorists.
(14)
Regulations applicable to small wireless facility permits in
the public right-of-way. In addition to the applicable small wireless
facility permit requirements set forth in this subsection, all small
wireless facilities located in the public right-of-way shall be required
to comply with the following regulations:
(a)
In no case shall ground-mounted accessory equipment, walls,
or landscaping be located within 18 inches of the face of the curb,
or within an easement extending onto a privately-owned lot.
(b)
Restoration of pavement and sidewalks shall be completed in
accordance with all Town of New Castle standards and shall be approved
and accepted by the Commissioner of the Department of Public Works.
(c)
The Town Engineer and/or the Commissioner of the Department
of Public Works shall be advised in advance by written notice of the
performance of any work, protection of pipes and facilities and other
safety measures, shall be subject to the supervision of the Town Engineer
and/or the Commissioner of the Department of Public Works, or their
designees, if applicable.
(d)
To the extent feasible, accessory equipment shall be placed
underground. Ground-mounted accessory equipment that cannot be placed
underground, is permitted when placed in conjunction with a new stealth
pole and concealed in a ground-mounted cabinet. The maximum acceptable
dimensions of ground-mounted cabinet is 30 inches wide by 30 inches
deep by four feet high and must be square in shape. Ground-mounted
equipment on sidewalks must not interfere with the flow of pedestrian
traffic and must conform to the American's with Disabilities Act (ADA)
in regards to appropriate sidewalk spacing. Ground-mounted equipment
must otherwise be screened from surrounding views, to the fullest
extent possible through the use of landscaping or other decorative
features to the satisfaction of the Town. Ground-mounted accessory
equipment shall be screened, when possible, by utilizing existing
structures. If screening by utilizing existing structures is not possible,
ground-mounted accessory equipment shall be made architecturally and
aesthetically compatible with the surrounding area through the use
of coatings, landscaping, and/or screening walls, enclosures or other
stealth technology to the satisfaction of the Town.
(e)
The applicant shall incorporate concealment elements into the
proposed design. Concealment shall include approved camouflage or
shrouding techniques. All small wireless accessory equipment shall
be shrouded. Only two shrouds, including the disconnect and antenna,
shall be installed at each location. No small wireless facility shall
be installed without confirming that the intended installation has
no impact on the streetlight's operational performance, if applicable.
(f)
Any graffiti on any small wireless facility support structure
or any accessory equipment shall be removed within 30 days upon notification
by the Town, at the sole expense of the owner.
(g)
Any new pole and/or equipment and other improvements associated
with a new pole or an existing pole must not obstruct:
[1]
Access to any aboveground or below ground infrastructure for
traffic control, streetlight or public transportation, including without
limitation any curb control sign, parking meter, vehicular traffic
sign or signal, pedestrian traffic sign or signal;
[2]
Access to any public transportation vehicles, shelters, street
furniture or other improvements at any public transportation stop;
[3]
Access to aboveground or underground infrastructure owned or
operated by any public or private utility agency;
[4]
Fire hydrant access;
[5]
Access to any doors, gates, sidewalk doors, passage doors, stoops
or other ingress and egress points to any building appurtenant to
the right-of-way; and/or
[6]
Access to any fire escapes.
(h)
Any new pole installed shall be located in alignment with existing
trees, utility poles, and streetlights. The poles shall be set equal
distance between trees when possible, with a minimum of 15 feet separation
such that no proposed disturbance shall occur within the critical
root zone of any tree.
(i)
No small wireless equipment shall be allowed to collocate on
decorative streetlight poles, as determined by the Town of New Castle,
or poles that have decorative luminaires that are owned by the Town
of New Castle.
(j)
Accessory equipment attached to a small wireless facility support
structure shall have such vertical clearance as the Planning Board
may determine is reasonable.
(k)
No small wireless facility permit shall be issued if the application
involves the installation of a utility pole directly next to or in
close proximity to any old utility pole on a Town highway, street,
road, or right-of-way. The double pole condition must be removed before
any small wireless facility permit is issued.
(15)
Annual NIER certification. The holder of any small wireless
facility permit shall, annually certify to the Planning Board, or
its authorized designee, that NIER levels at the site where a small
wireless facility is located are within the threshold levels adopted
by the FCC. In addition, the Town, at its own cost and expense shall
be permitted to conduct its own certification test of the NIER levels
at the site where any small wireless facility is located, upon notice
to the wireless telecommunications provider.
(16)
Proof of insurance. The applicant and the owner of the property
where the small wireless facility is to be located, if different,
shall provide the Planning Board with proof of insurance in a sufficient
dollar amount in the reasonable, judgment of the Planning Board to
cover potential personal and property damage associated with construction
and operation of such facility.
(17)
Revocation of small wireless facility permit.
(a)
If a small wireless facility is constructed, repaired, rebuilt,
placed, moved, relocated, modified or maintained in a way that is
inconsistent or not in compliance with the provisions of this subsection
or of the small wireless facility permit conditions and requirements,
or it is determined conclusively that the applicant made materially
false or misleading statements during the application process, then
the Planning Board or the Building Inspector, or their designee, shall
notify the holder of the small wireless facility permit in writing
of such violation. Such notice shall specify the nature of the violation
or noncompliance, and the violations must be corrected within seven
days of the date of the postmark of the notice, or of the date of
personal service of the notice, whichever is earlier. Notwithstanding
anything to the contrary in this subsection or any other provision
of this subsection, if the violation or noncompliance causes, creates
or presents an imminent danger or threat to the health or safety of
lives or property, the Planning Board or Building Inspector may, at
their sole discretion, order the violation remedied within 24 hours.
(b)
If the small wireless facility is not brought into compliance
with the provisions of this subsection, or of the permit, or substantial
steps are not taken in order to bring the affected small wireless
facility into compliance, then the Planning Board or the Building
Inspector may revoke such small wireless facility permit and require
removal of such small wireless facility.
(18)
Removal.
(a)
Under the following circumstances, the Town may determine that
the safety, public welfare, character and environment of the Town
warrant and require the removal of small wireless facilities, under
the following circumstances:
[1]
The small wireless facility has been abandoned (i.e., not used
as wireless telecommunications facilities) for a period exceeding
90 consecutive days or a total of 180 days in any 365-day period,
except for periods caused by force majeure or acts of God, in which
case repair or removal shall commence within 90 days;
[2]
A permitted small wireless facility falls into such a state
of disrepair that it creates a safety hazard;
[3]
The small wireless facility has been located, constructed, or
modified without first obtaining, or in a manner not authorized by,
the required small wireless facility permit, or any other necessary
authorization; or
[4]
Any small wireless facility is determined to be in violation
of this subsection and fails to cure such violation within the time
set forth herein.
(b)
If the Planning Board makes a determination pursuant to § 60-410O(18)(a), then it shall notify the holder of the small facility permit and the owner of the property in writing that said small wireless facility is to be removed.
(c)
The holder of the small wireless facility permit or the owner
of the property shall be required to dismantle and remove such small
wireless facilities, and all accessory equipment and associated structures,
from the site and return the site to its original condition and certify
through soils or other testing that no contamination has been created
by the facility, such restoration being completed, limited only by
physical or commercial impracticability, within 90 days of receipt
of written notice from the Town to remove such small wireless facilities.
However, if the owner of the property upon which the small wireless
facility is located wishes to retain any access roadway to the small
wireless facilities, the owner may do so with the approval of the
Town.
(d)
If the small wireless facility is not removed or substantial
progress has not been made to remove the small wireless facility within
90 days after the small facility permit holder has received such written
notice of removal, then the Planning Board may order officials or
representatives of the Town to remove the small wireless facility
at the sole expense of the property owner and/small wireless facility
permit holder.
(e)
If the Town removes or causes to be removed the small wireless
facilities, and the owner of the wireless telecommunications facility
does not claim and remove them to a lawful location within 10 days,
then the Town may take steps to declare the small wireless facility
abandoned and dispose of or sell them and their components and retain
the proceeds therefrom. The Town may also cause the costs associated
with the removal and disposal of the small wireless facilities to
be assessed on the property in the same manner as a tax or assessment.
(19)
Performance security. The applicant and the owner of record
of any proposed wireless telecommunication services facility, at their
cost and expense, shall be jointly required to execute and file with
the Town a bond, or other form of security acceptable to the Town
as to type of security and the form and manner of execution, in an
amount to be determined by the Town Engineer, based on actual estimates
supplied by the applicant, ensuring removal of the facility upon expiration
or termination of the small wireless facility permit or cessation
of facility; and with such sureties as are deemed sufficient by the
Planning Board to assure the faithful performance of the terms and
conditions of this subsection and conditions of any small wireless
facility permit issued pursuant to this section. The full amount of
the bond or security shall remain in full force and effect throughout
the term of the small wireless facility permit and/or until any necessary
site restoration is completed to restore the site to a condition comparable
to that which existed prior to the issuance of the small wireless
facility permit. Upon written application by the applicant, the Town
may, at its sole option, permit the amount of the bond to be reduced
or waive the bond requirement.
A.
Lots.
(1)
Lots for every building. Every building hereafter erected shall be
located on a lot as herein defined.
(2)
Required street frontage and lot width.
[Amended 6-12-1984 by L.L. No. 5-1984; 10-9-1990 by L.L. No.
36-1990]
(a)
No permit shall be issued for any land use or structure unless
the lot upon which such land use is to be established or structure
is to be built has the required frontage and access on a street or
highway as specified in this chapter. As used herein, frontage shall
be measured along an unbroken line formed by a single street line
or the continuation of intersecting street lines.
(b)
Notwithstanding any provision of this chapter to the contrary
and except with respect to the application of § 281 of the
Town Law,[1] the subdivision of property into lots having no street
frontage and for which access to a street is derived by way of an
easement shall be prohibited. Relief from this provision may be granted
only upon application to and after hearing on due notice to the parties
by the Zoning Board of Appeals upon a showing of unnecessary hardship
as required in connection with the granting of a use variance.
[1]
Editor's Note: Former § 281 of the Town Law was
renumbered as § 278 by L. 1992, c. 727.
(c)
No part of any lot which lies between the front lot line and
the principal building shall be narrower in lot width than the street
frontage for such lot, unless such frontage is greater than the required
minimum lot width, in which case that part of the lot which lies between
the front lot line and the principal building shall be at least as
wide as the required minimum lot width. For all lots created after
the effective date of this provision, a principal building shall not
be permitted on any portion of a lot which does not meet the required
minimum lot width.
(3)
Subdivision of a lot. Where a lot is formed hereafter from part of a lot already occupied by a building, such separation shall be effected in such manner as to conform to all of the requirements of this chapter with respect to the existing building and building coverage, floor area ratio, development coverage and all yards and other required spaces in connection therewith, and no permit shall be issued for the establishment of a land use or the erection of a building on the new lot thus created, unless it complies with all the provisions of this chapter and Chapter 48 of the Code of the Town of New Castle.
[Amended 5-23-1995 by L.L. No. 6-1995; 11-22-2011 by L.L. No.
15-2011]
(4)
New buildings on substandard lots (lots having less than the minimum
area). A permit may be issued for the erection of a building for a
permitted use on a lot for which a valid conveyance has been recorded
prior to the adoption of any zoning ordinance or amendment making
said lot nonconforming in area, notwithstanding that the area of such
lot is less than that required for the district in which such lot
lies, provided that:
[Amended 8-22-1978 by L.L. No. 5-1978; 4-28-1992 by L.L. No.
7-1992; 1-24-1995 by L.L. No. 1-1995]
(a)
The lot met the zoning requirements at the time the deed to
the lot was recorded.
(b)
All yard setbacks and other building related requirements which
are in effect at the time of the obtaining of the building permit
are complied with.
(c)
The ownership of such lot was not the same as other lots contiguous
thereto at any time on or after the adoption of a zoning ordinance
or amendment making such lot nonconforming in area. If the lot was
not in separate ownership, such other lot, or so much thereof as may
be necessary, shall be combined with the first-named lot to make one
or more conforming lots, whereupon a permit may be issued, but only
for such combined lots.
(5)
Parts of a lot not counted toward area requirements. For any lot
created by a subdivision subsequent to the date of adoption of this
chapter, no part of such lot which is less in width than 1/2 the minimum
requirement for the district in which it is located shall be counted
as part of the required minimum lot area.
(6)
Lots under water or subject to flooding. No more than 10% of the minimum area requirement of a lot may be fulfilled by land which is under water, subject to flooding, classified as a floodway under Chapter 70, Flood Damage Prevention, of the Code of the Town of New Castle or classified as a wetland under Chapter 137, Watercourses, of the Code of the Town of New Castle.
[Amended 6-12-1984 by L.L. No. 5-1984; 9-13-1988 by L.L. No.
14-1988]
(7)
Coverage.
[Added 5-23-1995 by L.L. No. 6-1995]
(a)
Building coverage. The maximum permitted building coverage for
any lot containing a one-family detached dwelling in an R-2A, R-1A,
R-1/2A or R-1/4A District shall be as set forth below:
|
Lot Area
(square feet)
|
Maximum Permitted Building Coverage
| |
|---|---|---|
|
Less than 11,250
|
22% of lot area
| |
|
11,250 to less than 21,780
|
2,500 square feet, plus 8% of lot area in excess of 11,250 square
feet
| |
|
21,780 to less than 43,560
|
3,343 square feet, plus 5% of lot area in excess of 21,780 square
feet
| |
|
43,560 to less than 87,120
|
4,432 square feet, plus 3% of lot area in excess of 43,560 square
feet
| |
|
87,120 or more
|
5,739 square feet, plus 2% of lot area in excess of 87,120 square
feet
|
(b)
Development coverage. The maximum permitted development coverage
for any lot containing a one-family detached dwelling in an R-2A,
R-1A, R-1/2A or R-1/4A District shall be as set forth below:
|
Lot Area
(square feet)
|
Maximum Permitted Development Coverage
| |
|---|---|---|
|
Less than 11,250
|
35% of lot area
| |
|
11,250 to less than 21,780
|
4,000 square feet, plus 14% of lot area in excess of 11,250
square feet
| |
|
21,780 to less than 43,560
|
5,475 square feet, plus 15% of lot area in excess of 21,780
square feet
| |
|
43,560 to less than 87,120
|
8,742 square feet, plus 10% of lot area in excess of 43,560
square feet
| |
|
87,120 or more
|
13,098 square feet, plus 7% of lot area in excess of 87,120
square feet
|
(c)
Coverage benefiting other lots. The square footage of any improvement
on any lot containing a one-family detached dwelling in an R-2A, R-1A,
R-1/2A or R-1/4A District, which improvement is solely for the benefit
of a lot other than the lot upon which that improvement has been constructed,
shall be applied in its entirety to the computation of the maximum
permitted building coverage and/or maximum permitted development coverage
of the lot which benefits from the improvement. The square footage
of any such improvement which benefits both the lot upon which it
has been constructed and another lot or lots shall be applied to the
computation of the maximum permitted building coverage and/or maximum
permitted development coverage of those lots which the improvement
benefits pro rata based on the number of lots benefitted.
[Added 6-8-1999 by L.L. No. 9-1999]
(8)
One-Family Residence District maximum floor areas. The maximum permitted floor area for any lot used for residential purposes in any of the R-1/4A One-Family Residence District, the R-1/2A One-Family Residence District, the R-1A One-Family Residence District, or the R-2A One-Family Residence District shall be computed in accordance with this § 60-420A(8).
[Added 5-8-2007 by L.L. No. 4-2007]
(a)
One-Family District floor area. The floor area for any lot in any One-Family Residence District shall be calculated for the purposes of this § 60-420A(8) ("One-Family District Floor Area") as the sum of:
(b)
One-Family District maximum permitted floor area. The maximum
permitted One-Family District floor area for any lot used for residential
purposes in any One-Family Residence District shall be:
[1]
In a R-1/4 District:
|
Lot Area
(square feet)
|
One-Family District Residential Lot Floor Area Maximum
(square feet)
| |
|---|---|---|
|
Less than 10,890
|
.29 x lot area
| |
|
At least 10,890 but less than 12,100
|
3,158
| |
|
At least 12,100 but less than 13,310
|
3,340
| |
|
At least 13,310 but less than 14,520
|
3,522
| |
|
At least 14,520 but less than 15,730
|
3,704
| |
|
At least 15,730 but less than 16,940
|
3,886
| |
|
At least 16,940 but less than 18,150
|
4,068
| |
|
At least 18,150
|
4,100
|
[2]
In a R-1/2 District:
|
Lot Area
(square feet)
|
One-Family District Residential Lot Floor Area Maximum
(square feet)
| |
|---|---|---|
|
Less than 21,780
|
.22 x lot area
| |
|
At least 21,780 but less than 24,200
|
4,792
| |
|
At least 24,200 but less than 26,620
|
4,937
| |
|
At least 26,620 but less than 29,040
|
5,082
| |
|
At least 29,040 but less than 31,460
|
5,227
| |
|
At least 31,460 but less than 33,880
|
5,372
| |
|
At least 33,880 but less than 36,300
|
5,517
| |
|
At least 36,300 but less than 38,720
|
5,662
| |
|
At least 38,720
|
5,770
|
[3]
In a R-1A District:
|
Lot Area
(square feet)
|
One-Family District Residential Lot Floor Area Maximum
(square feet)
| |
|---|---|---|
|
Less than 43,560
|
.14 x lot area
| |
|
At least 43,560 but less than 48,400
|
6,098
| |
|
At least 48,400 but less than 53,240
|
6,292
| |
|
At least 53,240 but less than 58,080
|
6,486
| |
|
At least 58,080 but less than 62,920
|
6,680
| |
|
At least 62,920 but less than 67,760
|
6,874
| |
|
At least 67,760 but less than 72,600
|
7,068
| |
|
At least 72,600 but less than 77,440
|
7,262
| |
|
At least 77,440
|
7,320
|
[4]
In a R-2A District:
|
Lot Area
(square feet)
|
One-Family District Residential Lot Floor Area Maximum
(square feet)
| |
|---|---|---|
|
Less than 87,120
|
.09 x lot area
| |
|
At least 87,120 but less than 98,010
|
7,841
| |
|
At least 98,010 but less than 108,900
|
8,821
| |
|
At least 108,900 but less than 113,256
|
9,801
| |
|
At least 113,256 but less than 196,020
|
10,193
| |
|
At least 196,020
|
N/A
|
B.
Buildings and uses.
(1)
Location of accessory buildings. On a lot in any residence district,
no accessory building shall be erected, altered or moved so as to
be set back a lesser distance from any property line than the distance
required for principal buildings.
[Amended 5-23-1995 by L.L. No. 6-1995]
(2)
Rear dwellings. No building located to the rear of another building
shall be used as a dwelling unless there shall be a suitable open
space at least 15 feet wide from the street to said rear building
for direct access of fire-fighting equipment.
(3)
Prohibited use characteristics. No use shall be permitted or allowed
to exist if it is determined by the Building Inspector that such use
causes or results in:
(a)
Dissemination of undue noise, vibration, excessive light, dust,
smoke, gas, fumes, odor or other measurable atmospheric pollutant
or harmful discharge of waste materials beyond the boundaries of the
site on which the use is located.
(b)
Interference with radio or television reception beyond the lot
upon which the building is located in which such use is conducted,
or scientific testing of instruments which require the flying of aircraft
in the vicinity in such manner as to constitute a public nuisance.
(c)
Menace by reason of fire, explosion or other physical hazard.
(d)
Undue traffic hazards or congestion due to the type or number
of vehicles associated with such use.
(e)
Dangerous radioactivity at any point beyond the boundaries of the site on which the use is located. (The handling of radioactive materials, the discharge of such materials into air and water and the disposal of radioactive wastes shall be in conformance with the regulations of the Atomic Energy Commission as set forth in Title 10, Chapter 1, Part 20 -- Standards for Protection Against Radiation, as amended, and all applicable regulations of the State of New York.)
C.
Yards and building projections.
(1)
Yard and open space for every building. No yard or other open space
provided about any building for the purpose of complying with the
provisions of these regulations shall be included as any part of the
yard or open space for any other building. No yard or other open space
on one lot shall be considered as a yard or open space for a building
on any other lot. No principal business use may be conducted within
any required yard area. No accessory buildings, decks, porches or
terraces may be located within any required yard. On all lots, a yard
equal to the required front yard shall be provided with respect to
any side lot line at an angle of 45° or less to the street and
located between the street and a principal building contained thereon
if such line is wholly or partially in front of said building, as
well as with respect to any side lot line that is generally opposite
the front facade of the principal building located on said lot. On
all lots, a yard equal to the required rear yard shall be provided
with respect to any side lot line at an angle of 45° or less to
the street if such line is wholly or partially behind the principal
building, as well as with respect to any side lot line that is generally
opposite the rear facade of the principal building contained on said
lot.
[Amended 10-9-1990 by L.L. No. 36-1990; 5-23-1995 by L.L. No.
6-1995]
(2)
Projections into yards. The space in any required yard shall be open
and unobstructed, except for the ordinary projection of the windowsills,
bay windows, belt courses, chimneys, cornices, eaves and other architectural
features, provided that such architectural features shall not project
more than three feet into any required yard and shall not in the aggregate
occupy more than 1/4 of the length of the wall on which they are located.
[Amended 5-23-1995 by L.L. No. 6-1995]
(3)
Projections above the roof level. Chimneys antennas, towers, gables, elevator enclosures, church spires, cupolas, water tanks, solar energy collectors, similar structures and necessary mechanical appurtenances may be erected on a building to a height greater than the limit established for the district in which the building is located, provided that they are not used for sleeping or housekeeping purposes or for any purposes other than such as may be incident to the permitted use of the principal building. However, such structures and appurtenances shall be erected only to a height necessary to accomplish the purpose they are intended to serve, and except for solar energy collectors, they shall not cover at any level more than 10% of the area of the section of the roof on which they are located. Except for antenna structures expressly permitted in § 60-410A, any such structure or appurtenance proposed to be erected to a height exceeding the maximum permitted building height in the district in which it is located shall not be granted a building permit until such structure shall have been approved as to height and design by the Board of Architectural Review. Such structures and appurtenances shall be enclosed with materials of a type and design that will be in harmony with the materials and design of the building on which they are located. In the B-RO-150 District, no projection above the roof level shall exceed seven feet above the maximum building height allowed in said district except where, in addition to complying with above standards and requirements, including Board of Architectural Review approval, specific approval for such additional height shall have been granted by the Planning Board.
[Amended 9-14-1982 by L.L. No. 11-1982; 6-22-1983 by L.L. No.
5-1983]
(4)
Corner lots, double-frontage lots and lots deriving access to a street
by way of an easement. A yard equal to the required front yard shall
be provided with respect to any lot line that abuts a street.
[Amended 2-11-1985 by L.L. No. 3-1985; 10-9-1990 by L.L. No.
36-1990]
(5)
Walls and fences.
[Amended 2-27-1990 by L.L. No. 3-1990; 5-23-1995 by L.L. No.
6-1995; 1-27-1998 by L.L. No. 2-1998; 7-27-1999 by L.L. No.
13-1999; 5-12-2020 by L.L. No. 7-2020]
(a)
Walls. Regardless of the location of a freestanding wall on a lot, parcel or property, such wall shall not exceed six feet in height and shall not conflict with the standards in § 60-420C(6). A retaining wall located at the property line or within a required minimum yard setback shall not exceed four feet in exposed retaining wall height.
[1]
Building permits shall be required pursuant to Article II of Chapter 48 of the New Castle Code for the construction of all walls. The construction of retaining walls that are not laterally supported at the top and are less than or equal to 24 inches in exposed retaining wall height shall not require the submission of structural drawings prepared, designed, and stamped and sealed by a NYS licensed professional engineer and/or NYS registered architect. The building permit application for retaining walls that are not laterally supported at the top and are less than or equal to 24 inches in exposed retaining wall height shall include information showing a typical section, material, backfill material, width of wall and footing, depth of footing, maximum exposed retaining wall height and location map.
(b)
Fences. Subject to the standards set forth in § 60-420C(6), fences located at the property line or within a required minimum yard setback shall not exceed six feet in height; fences which are not located within required minimum yard setbacks shall be subject to the following height limitations: solid fences (as defined below) shall not exceed six feet in height; open fences (as defined below) shall not exceed eight feet in height; and open mesh fences (as defined below) shall not exceed eight feet in height. In addition, fences shall be erected with the finished side facing the street and the finished side facing the abutting property wherever the finished side of the fence may be visible. A "solid fence" is defined as a fence made of materials or construction with more than 1/4 solid material when viewed from a position which is at a right angle to the fence. An "open fence" is defined as a fence made of materials or construction with 1/4 or less solid material when viewed from a position which is at a right angle to the fence. An "open mesh fence" is defined as an open fence constructed of a black, plastic or metallic threaded network or grid commonly used to protect gardens and shrubbery from deer and other large animals. If there is any inconsistency between the provisions of this section and the provisions of the requirements of § 720.1(g) of the State Uniform Fire Prevention and Building Code ("State Code") with regard to fencing of a swimming pool, then the provisions of the State Code shall control.
(6)
Visibility at intersections.
(a)
On any corner lot, no building, fence, sign, wall, hedge or
other structure or planting, except an open-mesh wire fence, shall
be erected, placed or maintained in such a way as to interfere with
clear sight distance within the triangular area formed by the two
intersecting street right-of-way lines and a straight line connecting
points along said lines, which points are located 50 feet back from
the theoretical point of intersection of such lines extended. Such
required sight distance shall assume the observer's eye to be 31/2
feet above the street surface at the nearest edge of pavement and
the object one foot above the nearest edge of pavement on the intersecting
street. This paragraph shall not apply to existing trees, provided
that no branches less than six feet in height above the ground are
blocking such clear sight distance.
(b)
Conditions on corner lots within the Town that impair the clear
sight distance of vehicles entering into intersections constitute
a public nuisance and are dangerous to the public health, safety and
welfare. Where a property owner fails to correct such nuisance, it
is imperative that the Town have the authority to correct such a condition.
Pursuant to the Municipal Home Rule Law, the Town hereby enacts this
subsection to provide for a property owner to reimburse the Town for
any expense incurred in connection with correcting a public nuisance.
[Added 12-22-1992 by L.L. No. 19-1992]
(c)
In the event that a condition exists on a corner lot, subject to the above, which interferes with or obstructs clear sight distance, as described herein, the Town shall provide the owner of such lot with a notice, which shall be delivered by regular mail at the address shown on the last assessment roll of the Town, advising said owner of the existence of a violation of this provision and that said violation must be cured within 30 days of the date of such notice. If at the end of such thirty-day period, such condition is not cured, then the Town is hereby authorized to enter upon said lot and to correct such condition. The owner of said lot shall be responsible for all costs incurred by the Town in connection with its correcting said condition. The Town shall provide the owner of said lot with an invoice representing the cost to the Town for correcting the condition. The owner shall be responsible for remitting payment in full to the Town within 30 days of the date of such invoice. Failure of the owner to remit payment in full pursuant to such invoice shall result in the amount owed being a lien upon the property and placed upon the next Town tax bill as an additional tax lien and collected in the same manner as other Town taxes. The rights, remedies, penalties and provisions, as provided hereunder, shall be in addition to those provided elsewhere in this chapter, including § 60-530 hereof.
[Added 12-22-1992 by L.L. No. 19-1992]
(7)
Courts. The least horizontal dimension of any court, at any level,
shall not be less than the height of any vertical wall forming part
of such court above the sill of the lowest window served by such court,
but not less than 20 feet in any case.
(8)
Swimming pools.
(a)
A swimming pool shall be set back from lot lines at least the
minimum distance required for a principal building in the district
in which it is located, except that such facility shall not be located
in a front yard unless it is set back at least three times the distance
required for a principal building and the lot has an area equal to
at least three times the minimum requirement for the district in which
it is located. The minimum required setbacks established for swimming
pools shall also apply to cabanas and decks or terraces surrounding
the pool, as well as to all structures and mechanical equipment or
other appurtenances related to their use and operation.
[Amended 7-26-1988 by L.L. No. 11-88; 5-23-1995 by L.L. No. 6-1995]
(b)
Swimming pool enclosures shall comply with the New York State
Uniform Fire Prevention and Building Code, as the same may be amended
from time to time.
[Amended 3-8-1988 by L.L. No. 2-1988[2]]
[2]
Editor's Note: This local law also repealed former §§ 60-423.83
and 60-433.84, which dealt with pool enclosures.
(9)
Tennis and platform tennis courts.
[Added 4-26-1977 by L.L. No. 5-1977]
(a)
The construction and use of a tennis court or platform tennis
court shall be permitted only where such facility is clearly incidental
and accessory to a permitted principal use on the same premises therewith
and only when it is limited to the personal use and enjoyment to the
residents of the premises and their guests and is not operated for
profit.
(b)
A tennis court or platform tennis court and appurtenant enclosure
shall be set back from all lot lines at least the minimum distance
required for a principal building in the district in which it is located,
except that such facility shall not be located in a front yard unless
set back at least three times the distance required for a principal
building and the lot has an area equal to at least three times the
minimum requirements for the district in which it is located.
[Amended 5-23-1995 by L.L. No. 6-1995]
(c)
A tennis court or platform tennis court shall not be lighted
for night play, except by special permit issued by the Zoning Board
of Appeals, upon a determination that such lighting will have no adverse
impact upon, or interfere with, the use and enjoyment of neighboring
residential properties. The Board shall attach such conditions and
safeguards to any special use permit, which are, in its opinion, necessary
to ensure initial and continual conformity with this requirement.
In all cases, the Board shall retain continuing jurisdiction.
(d)
Drainage facilities, subject to the approval of the Town Engineer,
shall be provided as necessary to prevent any increase in the quantity
of off-site runoff or in its surface channelization as a result of
the construction of such tennis court or platform tennis court.
(e)
Where determined necessary or appropriate by the Building Inspector, a buffer screening area complying with the requirements of § 60-420D(2) of this chapter may be required.
(10)
Exception for existing alignment of buildings. In any district
if, on the same side of a street, there is a pronounced uniformity
of alignment of the fronts of existing buildings and of the depths
of front yards less than the requirements specified in the Schedule
of District Regulations,[3] said proposed building need not be set back from the street
line a distance greater than the average setback of such existing
buildings, except that such reduced setbacks in business and industrial
districts shall be permitted only where approved by the Zoning Board
of Appeals as being in accordance with the spirit and intent of this
chapter.
[Amended 5-23-1995 by L.L. No. 6-1995]
[3]
Editor's Note: Said Schedule is located at the end of this
chapter.
D.
Miscellaneous regulations.
(1)
Exterior lighting.
[Amended 10-23-1990 by L.L. No. 38-1990]
(a)
To the extent reasonably practicable, all exterior lighting
used for nonresidential purposes, including the lighting of signs,
shall be directed away from adjoining residential properties and streets.
(b)
It shall be unlawful for any person owning, using or occupying
property that is subject to this chapter to use or permit the use
of exterior lighting upon such property in a manner which unreasonably
interferes with the use or enjoyment of neighboring residential property
or creates a public safety hazard or nuisance.
(2)
Buffer screening areas. Any application for the erection, construction,
enlargement, alteration or movement of any building or structure or
for the establishment of any use within any business or industrial
district or any nonresidential use in any residence district shall
include provisions for a buffer screening area at least 10 feet in
width along any lot line abutting or, if determined necessary by the
approving authority, directly across the street from any lot in a
residence district. This requirement may be waived by the approving
authority in situations where it determines that large distances,
topographic features or existing vegetation satisfy the same purpose.
Where such a buffer screening area is required, it shall meet the
following standards:
(a)
Be of evergreen planting of such type, height, spacing and arrangement
as, in the judgment of the approving authority, will screen the activity
involved from the neighboring residential area. Nonevergreen planting
may seasonally supplement evergreen planting but not take its place.
(b)
The plan and specifications for such planting shall be filed
with the plans for the use of the lot.
(c)
Required planting shall be properly trimmed and maintained in
good condition at all times.
(d)
A wall or fence, of location, height, design and materials approved
by the approving authority as providing equivalent screening, may
be substituted for part or all of the required planting.
(3)
General property maintenance. Every owner or tenant of any property used for commercial purposes shall maintain the premises free of litter, garbage, refuse and rubbish of every kind, as such materials are defined in Chapter 85, Littering, of the New Castle Town Code.
[Amended 10-8-1991 by L.L. No. 19-1991]
(5)
Solar access and energy considerations. Access to sunlight for present
and potential solar energy systems, both on- and off-site, as well
as building siting, orientation and landscaping shall be considered
by approving authorities as part of their review of any application.
[Added 9-14-1982 by L.L. No. 11-1982]
(6)
Transition between residential and nonresidential districts.
[Added 10-25-1983 by L.L. No. 10-1983]
(a)
Recognizing that the potential for conflict between incompatible land uses is greatest at the border between residential and nonresidential districts, and for the purpose of protecting the health, safety, welfare and property values of persons and properties in such areas by assuring a more orderly transition between commercial and residential neighborhoods,including the possible limitation of potentially undesirable uses in such locations, it is hereby declared to be the policy of the Town of New Castle to establish transition areas at the perimeter of all business and industrial districts. This is in addition and supplementary to the requirement for the provision of landscaped buffer screening in such areas, as required by § 60-420D(2) above.
(b)
Within such transition areas, the reviewing agency, whether
it is the Planning Board or the Zoning Board of Appeals, is hereby
granted the authority necessary to accomplish the purposes of this
section within the limitations as set forth below. This additional
authority shall apply only to lots within business and industrial
districts, any portion of which is situated within 100 feet of any
portion of a lot in a residence district. Implementation of this authority
shall be accomplished as part of the site plan or special permit review
process, as appropriate to the particular application involved.
(c)
On lots within the defined transition area, the Planning Board
or the Zoning Board of Appeals, as appropriate, may require limitations
on the types of uses permitted, the type, intensity and location of
exterior lighting, the storage of refuse, the loading and unloading
of trucks, the location of signs and other similar factors to the
extent determined necessary by said Board to accomplish the purposes
of transition zoning as set forth herein. These limitations may include,
but are not limited to, the authority to prohibit certain special
permit uses entirely within such transition areas if it is determined
by the reviewing agency that the potentially adverse impacts of such
uses cannot be sufficiently mitigated by other means.
E.
Nonconforming uses and other nonconformities.
(1)
Continuing existing uses. Except as otherwise provided herein [particularly in § 60-420E(6) and (7)], the lawfully permitted use of land or structures existing at the time of the adoption of this chapter may be continued although such use does not conform to the standards specified for the zone in which such land or structure is located. Said uses shall be deemed legal nonconforming uses.
(2)
Legal nonconforming use of land. Where no structure is involved,
the legal nonconforming use of land may be continued, provided, however:
(a)
That no such nonconforming use shall be enlarged or increased,
nor shall it be extended to occupy a greater area of land than that
occupied by such use at the time of the adoption of this chapter.
(b)
That no such nonconforming use shall be moved in whole or in
part to any other portion of the lot or parcel of land occupied by
such nonconforming use at the time of the adoption of this chapter.
(c)
That if such nonconforming use or any portion thereof ceases
for any reason for any continuous period of more than 90 days, or
is changed to a conforming use, any future use shall be in conformity
with the provisions of this chapter for the district in which such
use is located.
(d)
That no nonconforming use of land shall be changed to another
nonconforming use.
(3)
Legal nonconforming use of structures.
(a)
A structure, the use of which does not conform to the use regulations
for the district in which it is situated shall not be altered, enlarged
or extended unless the use thereof is changed to a conforming use,
except that the Board of Appeals, after public notice and hearing,
may permit a legal nonconforming use to be extended throughout those
parts of a structure which were manifestly arranged or designed for
such use prior to the time of the enactment of the chapter provision
that made the use nonconforming, if no structural alterations other
than those required for health or safety are made therein.
(b)
Such nonconforming use of a structure shall not be changed to
another nonconforming use, except where approved by the Board of Appeals
after a finding that the change will be to a substantially less nonconforming
use and one that will be more harmonious with the surrounding area.
(c)
If any legal nonconforming use of a structure ceases for any
reason for a continuous period of more than six months, or is changed
to a conforming use, or if the structure in or on which such use is
conducted or maintained is moved for any distance whatever, for any
reason, then any future use of such structure shall be in conformity
with the standards specified by this chapter for the district in which
such structure is located.
(d)
If any structure in which any such nonconforming use is conducted
or maintained is hereafter removed, the subsequent use of the land
on which such structure was located and the subsequent use of any
structure thereon shall be in conformity with the standards specified
by this chapter for the district in which such land or structure is
located.
(4)
Notwithstanding the provisions of § 60-420E(2) and (3), an owner of any land, building or structure containing a nonconforming use may apply to the Planning Board for site development plan approval which includes proposed changes and modifications to the nonconforming use in order that the nonconforming use may be brought into greater conformity with this chapter and that the adverse external impacts of such use may be reduced. Such application shall include a site development plan indicating the proposed changes in the nonconforming building, structure or use as well as proposals for related improvements in landscaping, buffer areas, the location and layout of parking areas and access drives, aesthetics, reduction of noise, smoke, odors and the discharge of effluents, changes in lighting, signage, buildings and drainage and other such similar modifications and improvements. Following a public hearing, as may be otherwise required for site development plan approval, the Planning Board may approve or modify and approve the application, provided that it is determined that the purposes of this section will be met. In the absence of such determination by the Planning Board, the application shall be disapproved.
[Added 10-25-1983 by L.L. No. 9-1983]
(5)
Legal nonconformity, other than use.
[Amended 6-27-1989 by L.L. No. 12-1989; 5-23-1995 by L.L. No.
6-1995]
(a)
A nonconforming building or structure may not be added to, extended or enlarged to result in an increase or expansion of a nonconformity, other than use, without a variance from the Zoning Board of Appeals in accordance with § 60-540D(2) of this chapter. An increase or expansion of a nonconformity, other than use, shall include but not be limited to an extension of a structure that is nonconforming as to the required yard along the same line that established the nonconforming yard and that maintains the same legal nonconforming distance from the property line as existed for the original portion of the building.
(b)
A nonconforming structure may be altered in whole or in part
in a way that diminishes the extent of its nonconformity, other than
use, without first receiving approval from the Zoning Board of Appeals
as required in the previous subsection; provided, however, that once
a nonconforming structure is made less nonconforming, it shall not
be permitted to return to any extent or degree of its previous nonconformity,
other than use.
(c)
A nonconforming building or structure shall not be moved in
whole or in part unless such building or structure is made to conform
to all of the regulations of the district in which it is to be located.
(6)
Restoration of damaged structures. If a building is damaged or destroyed
by fire or other casualty, it may be repaired or reconstructed in
the same location with the same habitable floor area and height, or
less, as it existed prior to such fire or other casualty, notwithstanding
that prior to such fire or other casualty it fell within the definition
of "nonconforming use, legal," or "nonconformity other than use, legal,"
of this chapter. However, any such repair or reconstruction must comply
with all fire, construction, health and safety rules, regulations,
ordinances and laws applicable at the time of repair or reconstruction.
Substantial work of any such repair or reconstruction must be commenced
within a period of 24 months after the damage or destruction of the
building and shall be diligently prosecuted to completion.
[Amended 7-11-1995 by L.L. No. 7-1995]
(8)
Compliance with limitations on external effects of uses. In order that all legal nonconforming uses may gradually be brought into greater conformity with the chapter or the adverse external effects of such nonconforming uses may be reduced, the Planning Board may review any nonconforming use and propose a plan where, through better screening areas, control of outdoor storage, noise, smoke, odors, lighting and other characteristics described in § 60-420B(3), architectural changes, location and layout of parking areas and access drives, or by other appropriate means, such purposes may be achieved. Such plan shall be presented to the Town Board, which, after public notice and hearing, may approve such plan. Within a period of not more than three years from the date the Town Board approves such a plan, the owner of the property where the nonconforming use is located shall bring such use into compliance with such plan as a condition of continuing its legal nonconforming status under this chapter.
F.
Off-street parking and loading facilities.
(1)
General. All structures and land uses shall be provided with a sufficient
amount of off-street parking to meet the needs of persons employed
at or making use of such structures or land uses and sufficient off-street
facilities to meet the needs of such structures or land uses, but
not less than the minimum standards of § 60-42F(3) and (6).
No certificate of occupancy shall be issued for any structure or land
use until the required off-street parking and loading space has been
established. Notwithstanding the foregoing, in the B-RP District,
the requirement for providing off-street parking and loading spaces
shall be waived where the applicant has voluntarily offered to dedicate
to the parking district or the Town of New Castle an easement over
the entire designated parking/loading/circulation/setback area on
the site proposed for development for off-street parking, loading
and/or circulation purposes.
[Amended 3-12-1991 by L.L. No. 5-1991]
(2)
Existing structures and uses.
(a)
Structures and land uses in existence or for which building
permits have been approved at the time of the adoption of this chapter
shall not be subject to the parking or loading space requirements
of this chapter, provided that any parking and loading facilities
then existing to serve such structures or uses shall not, with the
exceptions hereinafter provided, in the future be reduced except where
they exceed such requirements. Required parking and loading facilities
for the existing portion of such shall, however, be provided at the
time of any enlargement of such existing structures or uses in the
future.
[Amended 10-8-1974]
(b)
In case of practical difficulty or unnecessary hardship to such
properties arising out of this requirement, appeal may be made to
the Board of Appeals, which shall require such degree of compliance
as it may deem reasonable for that part of the structure or use that
is legally nonconforming, but shall not waive any part of the requirement
for that part of the structure or use that constitutes an enlargement
or expansion, and shall not permit reduction or elimination of whatever
quantity of parking or loading that may already exist, unless it is
in excess of requirements, in which case it shall not be reduced below
such requirements. Notwithstanding the foregoing, in case of practical
difficulty or unnecessary hardship, the Board of Appeals may waive
part or all of the parking requirement in connection with the expansion
of a place of worship when such use is located within a business district
and when the expanded facilities shall be used solely on Sunday or
after 6:00 p.m. or in connection with worship services, provided that
said Board shall attach such conditions and safeguards to the waiver
as it may deem necessary to protect the public health, safety, morals
and general welfare.
[Amended 10-8-1974]
(c)
Required off-street parking facilities which after development
are later dedicated and accepted by the Town shall be deemed to continue
to serve the uses or structures for which they were originally provided.
(3)
Parking standards.
[Amended 12-9-1986 by L.L. No. 22-1986]
(a)
Schedule of off-street parking requirements.
[1]
Off-street parking facilities shall be provided as required by the list below, except where additional parking may be required under § 60-430, or as may be modified under the provisions of § 60-420F(2).
|
Uses
|
Minimum Required Off-Street Parking
| |
|---|---|---|
|
One-family dwellings
[Amended 4-12-1977 by L.L. No. 4-1977; 2-11-1985 by L.L. No.
3-1985] |
2 spaces for each dwelling unit; spaces may be located
in the main building, in an accessory building or in an off-street
parking area set back from any street line at least 1/2 of the distance
required for buildings
| |
|
Multifamily dwellings in business districts
[Added 4-12-1977 by L.L. No. 4-1977] |
1 space for each dwelling unit plus 1/3 of a space
per bedroom
| |
|
Athletic training center
[Added 7-12-1988 by L.L No. 10-1988] |
1 space for each 500 square feet of area in gymnasiums
plus 1 space per each person employed on the shift with the largest
number of employees
| |
|
Professional office or home occupation permitted in
a residential zone as an accessory use
|
2 spaces in addition to spaces required for residential
uses. Medical or dental offices shall have 4 spaces in addition to
spaces required for residential uses
| |
|
Retail or service business
|
1 space for each 150 square feet of gross floor area
on the ground floor and 1 space for each 225 square feet of gross
floor area on other floors
| |
|
Living plant retail business
[Added 3-25-1975] |
1 space for each 150 square feet of gross floor area
plus 1 space for each 1,500 square feet of outdoor sales or display
area
| |
|
Business or professional office, financial institution
|
1 space for each employee, but not less than 1 space
for each 250 square feet of gross floor area
| |
|
Carry-out restaurant
[Added 12-17-1984 by L.L. No. 12-1984] |
1 space for each 100 square feet of gross floor area
or 1 space for each 3 seats, whichever requirement is greater
| |
|
Restaurant
[Amended 4-12-1977 by L.L. No. 3-1977] |
1 space for each 75 square feet of gross floor area
or 1 space for each 3 seats, whichever requirement is greater and,
in addition thereto, where counter service is provided, such additional
parking as may be required by the Planning Board
| |
|
Cabaret or bar
[Added 4-12- 1977 by L.L. No. 3-1977] |
1 space for each 60 square feet of gross floor area
or 1 space for each 3 seats, whichever requirement is greater and,
in addition thereto, where counter service is provided, such additional
parking as may be required by the Planning Board
| |
|
Fast-food restaurant
[Added 4-12-1977 by L.L. No. 3-1977] |
1 space for each 25 square feet of gross floor area
for the first 1,000 square feet plus 1 space for each additional 35
square feet of gross floor area thereafter
| |
|
Bowling center
|
5 spaces per bowling lane
| |
|
Theater, auditorium, stadium or other place of public
assembly, including a place of worship
|
1 space for each 5 fixed seats; 1 space for each 100
square feet in places without fixed seats
| |
|
Funeral home
|
1 space for each 50 square feet of area in assembly
rooms
| |
|
Small animal hospital
|
1 space per employee plus 1 space per 400 square feet
of gross floor area
| |
|
Motor vehicle service station
|
1 space for each 1,000 square feet of site area; spaces
within service areas of buildings and at pumps and access lanes thereto
shall not be counted
| |
|
Research and development laboratories
[Amended 6-22-1983 by L.L. No. 5 -1983] |
3 spaces per each 4 persons employed on the maximum
shift or 1 space for each 500 square feet of gross floor area, whichever
requirement is greater
| |
|
Light industry and manufacturing
|
1 space per each person employed on the maximum shift
or 1 space for each 300 square feet of gross floor area, whichever
requirement is greater
| |
|
Wholesale or other similar commercial use
|
1 space per each person employed on the maximum shift
or 1 space for each 800 square feet of gross floor area, whichever
requirement is greater
| |
|
Warehousing, storage or utility use
[Amended 11-28-2017 by L.L. No. 11-2017] |
1 space for 400 square feet of gross floor area
| |
|
Library
|
1 space for 400 square feet of gross floor area
| |
|
Accessory apartments
[Added 10-29-1979 by L.L. No. 16-1979] |
1 space for each dwelling unit
| |
|
Multifamily dwellings in residence districts
[Added 10-29-1979 by L.L. No. 16-1979] |
1 space for each dwelling unit, plus 1/2 space per
bedroom
| |
|
Nursery school/day-care center
[Added 7-12-1994 by L.L. No. 13-1994] |
1 space for each employee on the maximum shift, plus
1 parking space for each 5 students on the maximum shift, provided
that, upon application to the Planning Board, the Planning Board may
waive up to 50% of the required parking where the applicant has demonstrated
to the Planning Board's satisfaction that mitigation measures, including
but not limited to guaranties as to the permanent provision of required
curbside pickups and dropoffs for a specified number of the students
and the staggering of scheduled arrival and departure times, will
be permanently implemented by the applicant, his successors and assigns;
where a waiver of the parking requirement is approved by the Planning
Board, the Planning Board shall include in its resolution of approval
reasonable conditions limiting the total number of students and staff,
the maximum number of students and staff on the maximum shifts, the
minimum number of students that shall be provided with required curbside
pickups and dropoffs and the maximum number of arriving and departing
students that shall be permitted within any 30-minute period, maintain
continuing jurisdiction over parking/circulation/traffic and maintain,
as part of its continuing jurisdiction, the right to require submission
by the nursery school operator of records detailing staff and student
scheduling and information regarding required pickups and dropoffs
| |
|
Volunteer ambulance corps and similar emergency service
facilities
[Added 10-8-1996 by L.L. No. 7-1996] |
1 space per each 65 square feet of floor area used
for public assembly or training sessions
| |
|
Other uses not listed
[Amended 11-28-2017 by L.L. No. 11-2017] |
Reasonable and appropriate off-street parking requirements
for types of uses that do not fall within the categories listed above
shall be determined by the Planning Board or Zoning Board, where applicable,
which shall consider all factors entering into the parking needs for
such use. Where the use is not subject to review and approval by the
Planning Board or the Zoning Board, the reasonable and appropriate
off-street parking requirements shall be determined by the Building
Inspector in consultation with the Director of Planning, and in accordance
with International Transportation Engineers (ITE) parking demand data.
|
[2]
Where two or more different uses occur on a single lot, the
total amount of parking facilities to be provided shall be the sum
of the requirements for each individual use on the lot, except that
the Planning Board may approve the joint use of parking spaces by
two or more establishments on the same or contiguous lots, the total
capacity of which is no more than 15% less than the sum of the spaces
required for each, provided that the Planning Board finds that the
capacity to be provided will substantially meet the intent of the
requirements by reason of variation in the probable time of maximum
use by patrons and employees among such establishments, and provided
that such approval of such joint use shall be automatically terminated
upon the termination of the operation of any such establishments.
If more than one lot is involved, the Planning Board shall require,
as condition of its approval, a legal instrument, satisfactory to
the Town Attorney, assuring the continued use of joint parking facilities
in connection with the uses they serve.
(b)
Size of parking spaces. Unless specifically provided for elsewhere
in this chapter or in applicable state codes, each parking space shall
be at least nine feet in width and 18 feet in depth, if unenclosed,
and at least 10 feet in width and 18 feet in depth if bordered by
walls or columns on two or more sides, all exclusive of aisles and
driveways appurtenant thereto. Such spaces shall be known as standard
parking spaces. Exceptions to this requirement may be permitted as
follows:
[1]
Where standard parking spaces are defined by curbs providing
space for the overhang of vehicles, such spaces may, in the discretion
of the Planning Board, be reduced in depth to 16 feet, provided that
vehicles will not encroach upon sidewalks or other pedestrian areas,
and further provided that at least three feet of separation is provided
between the overhang space of adjacent parking bays.
[2]
Parking spaces designated for use by employees may be permitted
by the Planning Board, provided that such spaces are used on a nontransient
basis (car parked for at least three hours in the same space) and
are reserved exclusively for employees, and further provided that
at least 10% of the required number of spaces are standard parking
spaces which shall be reserved for visitors. Employee parking spaces
shall be at least eight feet six inches in width and 18 feet in depth.
[3]
On sites containing nonresidential uses which require at least
50 or more off-street parking spaces, the Planning Board may, in its
discretion, permit up to 25% of the spaces provided to be compact
spaces, provided that such spaces are grouped together on the lot
in appropriate location and are clearly marked as being reserved for
compact cars only. Compact parking spaces shall be at least eight
feet in width and 16 feet in depth.
[4]
Parking spaces designated for use by handicapped persons shall
be at least 13 feet in width and 18 feet in depth and shall include
a designated access aisle of at least five feet in width. Such spaces
shall be located along the most direct circulation route to an accessible
building entrance and shall be sited so that it is not necessary for
a handicapped person to travel along any vehicular aisle enroute to
an accessible walkway. Handicapped parking spaces shall be so designated
with appropriate signage.
(4)
Location of off-street parking facilities.
(a)
The required off-street parking facilities shall be provided
on the same lot or premises with the structure or land use they serve,
except that off-street parking spaces required for structures or land
uses on two adjoining lots may be provided in a single common facility
on one or both of said lots, and except that the Planning Board may
permit all or part of the required spaces to be located on any lot
entirely within 250 feet of the building or land use in the same zoning
district or another zoning district where such parking is a lawful
use, if the Planning Board determines that it is impractical to provide
parking on the same lot with the building.
(b)
Where the Planning Board approves the location of such parking
spaces on a lot which is different from the lot occupied by the use
served by the parking spaces, the Planning Board shall require, as
a condition of its approval, a legal instrument, satisfactory to the
Town Attorney, assuring the continued use of said parking spaces in
connection with the land uses and structures they serve.
(5)
Operation and maintenance of off-street parking facilities. Required
off-street parking facilities shall be maintained as long as the use
or structure exists which the facilities are designed to serve. Required
parking spaces developed for specific structures and uses shall be
reserved at all times for those persons who are employed at or make
use of such structures and land uses, except when dedicated to and
accepted by the Town as public parking areas.
(6)
Off-street loading requirements. Off-street loading facilities shall
be located on the same lot with the use to be served and shall meet
the following requirements:
(a)
For retail and service business establishments, restaurants
and other places serving food and beverages: one space for the first
10,000 square feet of floor area or portion thereof, provided that
it is in excess of 1,500 square feet used for business purposes, and
one space for each additional 10,000 square feet or major portion
thereof.
(b)
For industry, wholesale businesses, storage warehouses and other
commercial establishments: one space for the first 5,000 square feet
or portion thereof in excess of 1,500 square feet used for such purposes
and one additional space for each 10,000 square feet or major portion
thereof in excess of the first 5,000 square feet.
(c)
For research laboratories and office buildings: one space for
the first 25,000 square feet or major portion thereof and one additional
space for each additional 150,000 square feet or major portion thereof.
[Added 6-22-1983 by L.L. No. 5-1983[7]]
[7]
Editor's Note: This local law also redesignated former § 60-426.6(c)
and (d) as § 60-426.6(d) and (e).
(d)
For nursery schools and/or day-care centers, the number, size
and location of the loading area(s) required shall be determined by
the Planning Board, provided that not less than one such loading area
shall be required for each nursery school/day-care center. Where a
nursery school/day-care center shares common parking and/or circulation
areas with another use, the nursery school/day-care center's loading
requirement may be satisfied by such other use's required loading
area, provided that the applicant demonstrates to the Planning Board's
satisfaction that joint use of such loading area will adequately meet
the aggregate needs of both uses.
[Added 7-12-1994 by L.L. No. 13-1994[8]]
[8]
Editor's Note: This local law also provided for the renumbering
of former § 60-426.6(d) and (e) as § 60-426.6(e)
and (f), respectively.
(e)
Off-street loading requirements for structures and land uses
which do not fall within the categories listed above shall be determined
by the Town Board and adopted as an amendment to this chapter.
(f)
Where, because of the special nature of a particular business
or industrial use, the Planning Board determines that the above amount
of off-street loading space would exceed the actual need, at least
initially, the Board may permit the construction of a lesser number
of such spaces, provided that the site plan indicates the location
of potential additional loading spaces which the Planning Board determines
may be needed in the future and contains adequate notations to assure
the eventual construction of such spaces if and when the need for
them is determined by the Planning Board.
[Amended 6-22-1983 by L.L. No. 5-1983]
(7)
Improvement of parking and loading facilities.
(a)
Improvement.
[1]
Required off-street parking and loading facilities may be enclosed
in a structure or may be open, provided that all such facilities shall
be graded, surfaced, drained and suitably maintained to the satisfaction
of the Town Engineer, to the extent necessary to avoid nuisances of
dust, erosion or excessive water flow across public ways or adjacent
lands. In appropriate situations, the Town Engineer may require that
the parking area be provided with suitable markings to indicate individual
parking spaces, maneuvering area, entrances and exits.
[2]
Where the Planning Board determines that the immediate use of
any property may not require the full improvement of all off-street
parking and loading facilities, the Planning Board may waive the improvement
of no more than 1/3 of the required number of spaces, provided that
the total number of spaces is shown on the approved plan, provided
that the area not to be improved is reserved for future use (if and
when needed) and further provided that satisfactory guaranties, approved
by the Planning Board and the Town Attorney, are given for the eventual
improvement of any such spaces which may have been waived within six
months of the date of the mailing to the property owner of a copy
of the Planning Board resolution deeming that such spaces, in that
Board's opinion, have become necessary and must be constructed.
(b)
Internal landscaping.
[1]
In all off-street parking areas containing 25 or more parking
spaces, at least 6% of the total parking area shall be curbed and
landscaped with appropriate trees, shrubs and other plant materials
as determined necessary by the reviewing authority to assure the establishment
of a safe, convenient and attractive parking facility. Whenever possible,
raised planting islands at least eight feet in width shall be used
to separate opposing rows of parking spaces so as to provide adequate
space for plant growth and for pedestrian circulation. Such raised
planting islands and the landscaping within them shall be designed
and arranged in such a way as to provide vertical definition to major
traffic circulation aisles, entrances and exits; to channel internal
traffic flow and to prevent indiscriminate diagonal movement of vehicles;
and to provide relief from the visual monotony and shadeless expanse
of a large parking area.
[2]
The selection, amount and location of all landscaping materials
shall be subject to approval by the reviewing authority, based upon
considerations of the adequacy of the proposed landscaping to serve
its intended purpose with a minimum amount of maintenance problems,
including plant care, snowplowing and leaf removal. At least one tree,
of not less than three inches caliper at a height of three feet above
grade, shall be provided within such parking area for each 12 parking
spaces.
[3]
All landscaping shall continue to be maintained in a healthy
growing condition throughout the duration of the structure or use
which it is intended to serve.
(c)
Buffer screening. Except for one-family dwellings, suitable evergreen landscaping and screening shall be provided between parking areas and adjoining property in residence districts. [See § 60-420D(2) for requirements.]
(8)
Driveways.
[Amended 6-24-1980 by L.L. No. 8-1980; 2-9-1993 by L.L. No.
5-1993]
(a)
General. For reasons of traffic safety, both on- and off-street, as well as to provide for possible future road widening and/or other improvements, all new driveways entering onto any street shall comply with all requirements of this chapter and shall be subject to the approval of the Town Engineer, except where such are part of a use subject to special permit or site development plan approval under § 60-430 or § 60-440, respectively. The approving authority may require the applicant to furnish necessary topographic, design and other pertinent information to demonstrate to its satisfaction that driveways from the street to the building site can be constructed in accordance with the standards of this chapter and that such driveways are designed to provide adequate and convenient space for turning vehicles around on the subject property so as to avoid requiring such vehicles to be backed out onto a sidewalk or into a street right-of-way.
(b)
Driveway grades.
[1]
The maximum grade for any new driveway appurtenant to one or
more one-family dwellings and connecting their required off-street
parking areas to a street shall be 14%, except that where it can be
demonstrated to the satisfaction of the Town Engineer that, because
of practical difficulty or unnecessary hardship affecting a particular
property, the construction of a driveway with a grade of 14% or less
is impractical, the Town Engineer may permit the construction of a
steeper driveway, provided that the increase in driveway grade is
the minimum increase required, and further provided that in no case
shall such driveway grade be permitted to exceed 16%.
[2]
The maximum grade for new driveways appurtenant to uses other than one-family dwellings and connecting the required off-street parking area to the street shall not exceed 10%, except that the Planning Board, with respect to site plans and special permits over which it has jurisdiction, or the Board of Appeals, with respect to special permits over which it has jurisdiction, as the case may be, shall have the same power to permit increased grades here as in Subsection F(8)(b)[1] above, provided that in no case shall such grades be permitted to exceed 12%.
[3]
Notwithstanding the maximum permitted grades specified in Subsections (1) and (2) above, no driveway entering onto any street shall have a grade greater than 5% within 35 feet of the center line of the traveled way of the street or within 10 feet of the property line of the street, whichever distance is more restrictive. The Town Engineer, with respect to one-family dwellings, may permit the amount of this grade to be increased to 7% where it is demonstrated to his satisfaction that, because of practical difficulty or unnecessary hardship affecting a particular property, a lesser grade would be impractical and the driveway would still be adequate.
[4]
Notwithstanding the maximum permitted grades specified in Subsections (1), (2) and (3) above, the maximum permissible change of driveway grade shall be 6%. If necessary to avoid a change of greater than 6%: (a) one or more transition sections of not less than 20 feet in length or (b) a vertical curve of not less than 100 feet in length shall be provided.
(c)
Driveway alignment and location. The platform portion of a driveway required, in accordance with § 60-420F(8)(b) above, to have a grade of 5% or less shall be aligned at approximately right angles to the street. The approving authority shall also require any other design modification which, in its opinion, is necessary to assure that any driveway entering onto a street shall be located and aligned in such a way as not to create any traffic hazard. Driveways shall be located at a minimum of 50 feet from the theoretical edge of all interconnecting streets extended, except where a lesser distance may be approved upon application to the Planning Board. Except as set forth below, no more than one curb cut providing driveway access to a lot containing a one-family dwelling shall be permitted. In the R-2A District, one additional curb cut providing access to a lot containing a one-family dwelling shall be permitted, provided that it is demonstrated to the satisfaction of the Planning Board that such lot could theoretically be subdivided in accordance with all applicable dimensional requirements of this chapter. Where a driveway loop is proposed on a lot containing a one-family dwelling, the nearest edge of such driveway loop shall not be located in a front yard unless it is set back from the front lot line a distance equal to that required for a principal building in the district in which such lot is located. Such driveway loop shall also be located wholly outside any wetlands or adjacent area, wetlands buffer as defined in Chapter 137, Wetlands, or Chapter 64, Environmental Protection Overlay Regulations, if the property is located within Environmental Protection Overlay District, of the Code of the Town of New Castle.
[Amended 7-23-2002 by L.L. No. 5-2002]
(d)
Visibility. Clear visibility shall be provided so that an automobile stopped on the platform portion of a driveway, as required by § 60-420F(8)(b)[3] above, shall, at the intersection of the driveway with the street, have adequate stopping sight distance in both directions and so that automobiles traveling on such street shall also have adequate stopping sight distance. Stopping sight distance requirements shall be as specified in the latest edition of "A Policy on Geometric Design of Highways and Streets," published by the American Association of State Highway and Transportation Officials (AASHTO). Such minimum sight distance requirements may be increased, as determined necessary by the Town Engineer in the exercise of his professional judgment, based upon consideration of the particular driveway and street characteristics, including but not limited to the number of vehicles projected to use the driveway on a regular basis.
(9)
Alternative method of providing parking spaces. Where, because of
limitations of size, dimensions or topography of lot, an applicant
for a building permit in a business district finds it impracticable
to provide all or a portion of the off-street parking spaces required
in connection with a proposed building or addition, he may offer to
grant and convey to the Town or an existing parking district appropriately
located and developed land for commercial parking in an equivalent
amount. If the Planning Board concurs in such finding and in the appropriateness
of the proposed land for parking, the Town Board or such existing
parking district, at its discretion, may accept such developed land,
provided that it is permanently dedicated.
G.
Parkland or parkland fees with multifamily site plan approval.
[Added 5-22-1990 by L.L. No. 26-1990; amended 9-12-1995 by L.L. No.
9-1995]
(1)
Legislative intent. Pursuant to the authority duly vested in it and
upon a finding that a proper case exists in accordance with the provisions
of Town Law § 274-a, it is the intention of the Town Board
to require the provision of parkland and recreation land in conjunction
with developments in the following multifamily residential district
and for the following uses: Multifamily Residence -- Chappaqua (MFR-C),
Multifamily Residence -- Millwood (MFR-M), Multifamily Planning Development
(MFPD) and Multifamily Designed Residential Development (MFDRD). The
Town of New Castle finds that multifamily housing places an added
burden on the Town in providing adequate park and recreation areas
to serve the needs of multifamily housing residents. In the event
that it is not practical for a particular development to provide park
and recreation areas, it is in the best interest of the Town and its
residents to require funds to be paid to the Town exclusively for
neighborhood parks, playgrounds or recreational purposes, including
the acquisition of property. Such funds will be intended to benefit
primarily, but not exclusively, the residents of the development subject
to the fee.
(2)
Recreation areas. Consistent with the requirements of § 60-420G(1) and except as provided in § 60-420G(3) below, each multifamily development shall include a park and/or recreation area ("recreation area") which is planned, designed and maintained for the exclusive use of the residents of such development and their nonpaying guests. The recreation area for a multifamily development in MFR-C, MFR-M and MFPD Districts shall constitute not less than 12% of the total site area, of which at least 75 square feet of lot area per dwelling unit or not less than 50 square feet per bedroom, whichever is greater, shall be improved with the recreational facilities as determined necessary by the Planning Board. The recreation area in an MFDRD shall constitute not less than 8%, 5% or 3% of the total site area in the R-1/2A, R-1A or R-2A District, respectively, of which at least 150 square feet of lot area per dwelling unit or not less than 100 square feet per bedroom, whichever is greater, shall be improved with the recreational facilities as determined necessary by the Planning Board. The plan for the recreational area shall be subject to Planning Board approval as to location, design and adequacy, taking into consideration the size of the development, the anticipated occupancy of the units and the anticipated recreational needs of the population to reside there.
(3)
Fee in lieu of setting aside recreation area.
(a)
Where the Planning Board determines that a proper case exists for requiring parklands to be shown on the site plan but that a suitable recreation area of adequate size for park and recreation purposes and improved with adequate recreational facilities cannot be properly located in any such development or as otherwise not practical, the Board may require, as a condition of approval of any site plan, a payment to the Town of the sum pursuant to Subsection G(3)(b) hereof or any part thereof in proportion to the amount of required land and/or facilities not provided which shall constitute a trust fund to be used by the Town exclusively for neighborhood park, playground and recreation purposes, including acquisition of property.
(b)
Fee Schedule. In a MFR-C, MFR-M, MFPD and MFDRD District, there
shall be a recreation fee for each dwelling unit as set forth by resolution
of the Town Board in the Master Fee Schedule, which may be amended,
based on the following dwelling unit sizes: efficiency (studio apartment),
1-bedroom apartment, 2-bedroom apartment, 3-bedroom apartment, and
4-bedroom apartment or single-family detached dwelling.
[Amended 9-10-2002 by L.L. No. 8-2002]
(4)
Exemptions.
(a)
(b)
Where a tract of land approved for development under § 60-420G(3), for which a fee in lieu of parkland has been received, is subsequently processed as a subdivision, credit against any fee normally arising from the subdivision will be given for any fee already paid under § 60-420G(3). A development will be exempt from further fees to the extent of the number of lots or bedrooms for which fees in lieu of parkland have already been paid, and payment of further fees shall be required only for the number of lots or bedrooms which exceed those previously approved.
(c)
Accessory apartments shall be excluded from the application
of this chapter.
(5)
Waivers. The Town Board, in its discretion, after public hearing, may waive the payment of the recreation fee otherwise due under § 60-420G(3) upon finding that such waiver is necessary and appropriate to establish eligibility of entitlement to federal, state or county governmental grants in connection with, or to otherwise facilitate, a proposed residential development of property meeting the special needs of Town or school district employees, Town volunteer service workers, senior citizens or others for lower-cost housing.
[Added 6-22-1993 by L.L. No. 9-1993]
H.
Conservation development.
[Added 2-8-1999 by L.L. No. 2-1999]
(1)
Findings; purpose and intent.
(a)
The Town Board of the Town of New Castle hereby finds that a
substantial proportion of the remaining vacant land in the Town is
environmentally sensitive and topographically difficult. The Town
Board further finds that it is to the benefit of all, wherever practicable,
to promote the conservation of remaining open space, preserve environmentally
sensitive areas in their natural state and preserve the existing aesthetic
qualities of the Town.
(b)
The general purposes and intent of this section are to enable
and encourage flexibility and diversity of design and development
of land in such a manner as to promote the most appropriate use of
land, to facilitate the adequate and economical provision of streets
and utilities, to preserve the natural and scenic qualities of open
lands, to protect areas of meaningful ecological, architectural, scenic
and historic value and to reserve suitable lands for park and recreation
purposes.
(2)
Authorization to approve conservation subdivisions.
(a)
The Planning Board is hereby authorized, simultaneously with the approval of a subdivision plat, to modify applicable provisions of this chapter, subject to the procedures, conditions and requirements set forth in this § 60-420H, set forth in § 113-23.1 of the land subdivision regulations and set forth in § 278 of the Town Law. This procedure may be followed:
[1]
When applied for by the owner of the land to be subdivided if,
in the judgment and discretion of the Planning Board, its application
would benefit the Town by satisfying one or more of the purposes set
forth in § 60-42H(1); or
[2]
Where the Planning Board determines that its application would benefit the Town by satisfying one or more of the purposes set forth in § 60-420H(1) and where the Planning Board determines that one or more of the criteria for conservation development, as set forth in § 113-23.1 of the land subdivision regulations, would be met. In this case, the Planning Board may require the owner of the land to submit a preliminary subdivision plat application which reflects such modifications of applicable provisions of this chapter.
(b)
This authorization shall be applicable in all zoning districts
which permit residential development in the Town.
(c)
Except as specified in this section, all development standards
and controls of this chapter, the land subdivision regulations and
the Town Code which are otherwise applicable in the district in which
the property is located shall also be applicable within any conservation
development.
(d)
Except as otherwise provided in § 60-420H(2)(f) regarding the type of residential dwelling units permitted, the permitted principal and accessory uses within a conservation development shall be the same as those otherwise permitted in the zoning district in which the property is located.
(e)
The number of building lots or dwelling units permitted within
a conservation development shall in no case exceed the number which
could have been permitted, in the judgment of the Planning Board,
if the land were subdivided into lots conforming to all normally applicable
requirements of this chapter, the land subdivision regulations, the
Town Code, the Westchester County Department of Health regulations
and all other applicable requirements. However, where the plat falls
within two or more contiguous districts, the Planning Board may approve
a conservation development representing the cumulative density as
derived from the summary of all units allowed in all such districts,
and may authorize actual construction to take place in all or any
portion of one or more of such districts. The basis for these density
determinations by the Planning Board shall be a conventional preliminary
subdivision plat for the subject property, plus such other information
as may be required by said Board.
(f)
The type of residential dwelling units permitted within a conservation
subdivision shall be, at the discretion of the Planning Board and
subject to the conditions set forth herein, in detached, semidetached
and/or attached buildings.
(g)
The plat showing such conservation development may include areas
within which structures may be located, the height and spacing of
buildings, open spaces and their landscaping, off-street and enclosed
parking spaces, streets, driveways and any other features required
by the Planning Board.
(h)
Within the framework of the limitations set forth in this section, § 113-23.1 of the land subdivision regulations and § 278 of the Town Law, the Planning Board shall establish, on a case-by-case basis, the appropriate modifications of lots, bulk and parking requirements which said Board has determined are necessary or appropriate to properly accomplish the purposes and intent set forth in § 60-420H(1), and, where applicable, one or more of the specified objectives set forth in § 113-23.1 of the land subdivision regulations, consistent with the protection of private property values and the preservation of the character of land and buildings on neighboring sites. In the event that the Planning Board that for a particular application the appropriate modifications will result in a reduction in minimum lot area or bulk requirements below the standards applicable to the next less restrictive zoning district of more than 20% of the lots in the proposed subdivision, the matter shall be referred to the Town Board for its review and authorization. The Town Board shall by resolution either approve, approve with conditions or disapprove the proposed modifications within 45 days of referral by the Planning Board. In the event that the Town Board does not act prior to the expiration of the forty-five-day period, unless such period is otherwise extended by resolution of the Town Board adopted prior to its expiration, the Planning Board shall be authorized to take the requested action.
(i)
Applications to further modify the lot, bulk and parking requirements established pursuant to § 60-420H(2)(h), shall be made to and determined by the Planning Board or Town Board as provided under § 60-420H(2)(h) for undeveloped lots. Applications to vary any of the categories of lot and bulk regulations specified in § 60-410A, Schedule of regulations for residence districts; lot and bulk regulations, for developed lots shall be made to the Zoning Board of Appeals in accordance with § 60-540. The Zoning Board of Appeals may refer any variance application made under this section to the Planning Board for a report and recommendation. For categories of lot or bulk requirements that did not exist at the time the conservation subdivision was originally approved by the Planning Board, the zoning district whose standards were applied to that lot on the original approval for the conservation subdivision shall be used to calculate the applicable requirement for the new category of regulation.
[Added 9-14-2010 by L.L. No. 10-2010[10]]
[10]
Editor's Note: This local law also redesignated former § 60-428.2I
as § 60-428.2J.
(j)
Conservation subdivisions shall result in the preservation of
open space areas having meaningful scenic, ecological, environmental
and/or recreational characteristics, with such access, shape, size
and location as determined appropriate by the Planning Board to satisfy
the intended purpose. The permanent preservation of such open space
areas shall be legally assured to the satisfaction of the Planning
Board and the Town Attorney by filing of appropriate covenants, deed
restrictions, easements or other agreements.
[1]
The ownership of conserved land areas shall be divided equally
among all owners of building lots within the conservation subdivision,
except where all or an appropriate portion of the conserved land areas
are deeded to a recognized conservation organization dedicated to
the preservation of open space and such dedication is acceptable to
the conservation organization and to the Town Planning Board, or offered
for dedication to the Town of New Castle and the Town Board has voted
to accept such offer. Except in those cases where the ownership of
the conserved land areas is to be vested in the Town of New Castle
or an approved conservation organization, the subdivider shall execute
and file with the Planning Board such documents as, in the opinion
of the Town Attorney, will be sufficient to create a property owners'
association responsible for the continued ownership, use and maintenance
of all conserved land areas in accordance with the following requirements:
[a]
Membership in the association must be mandatory
for each property owner within the subdivision and for any successive
property owners.
[b]
All restrictions on the ownership, use and maintenance
of conserved land areas must be permanent.
[c]
The association must be responsible for liability
insurance, local taxes and the maintenance of the conserved land areas,
including any active recreation areas and related facilities.
[d]
Each lot owner within the subdivision shall be
made responsible for paying a proportionate share of the association's
costs, and the assessment levied by the association shall become a
lien on the property if not paid.
[e]
The association shall have the power to adjust
assessments to meet changing needs.
[f]
In the event that the maintenance, preservation
and/or use of the conserved land area(s) ceases to be in compliance
with any of the above requirements or any other requirements specified
by the Planning Board when approving the subdivision plat, the Town
shall be granted the right to take all necessary action to assure
such compliance and to assess against the association and/or each
individual property owner within the subdivision all costs incurred
by the Town for such purposes.
[g]
The establishment of such an association shall
be required prior to the final approval of the plat.
[2]
Except where otherwise approved by the Planning Board, conserved
land areas shall be preserved in their natural state and the use of
such areas shall be limited to appropriate conservation, open space
and recreation purposes as determined by the Planning Board.
A.
General provisions. The special uses for which conformance with additional standards is required by this chapter (See schedules of regulations, § 60-410A and B.[1]) may be considered to be permitted uses in their respective
districts, subject to the satisfaction of the requirements and standards
set forth in this section in addition to all other requirements of
this chapter. All such uses are declared to possess characteristics
of such unique and special forms that each specific use shall be considered
as an individual case.
[1]
Editor's Note: Said Schedules are included at the end of this
chapter.
B.
Application for special permit. Application for required special permits shall be made to the Zoning Board of Appeals, except where Town Board or Planning Board approval is expressly provided in the Town Code, in which case the same requirements and procedures as set forth in this chapter for the Zoning Board of Appeals shall be applicable to such Boards. Each application for a special use permit shall also be submitted in an electronic file format and shall include a detailed development plan complying with the requirements of § 60-440B or a subdivision plat complying with the requirements of Chapter 113, Subdivision of Land, if appropriate, and, except for special use permits requiring approval by the Planning Board, shall be referred to the Planning Board for report, which report shall be rendered within 45 days of the date such referral is received by the Planning Board Secretary. Each application for a special use permit, together with a detailed development plan, shall also be referred to the Board of Architectural Review for report and recommendation on the architectural features of the proposed development in accordance with the purposes and criteria as set forth in § 60-550 of this chapter, which report shall be rendered within 45 days of the date such referral is received by the Board of Architectural Review. A public hearing shall be conducted within 62 days of the date a completed application under this section is received. Public notice of the hearing shall be printed in a newspaper of general circulation in the Town at least five days prior to the date of the public hearing. The authorized board shall decide upon the application within 62 days after the close of the public hearing. The time within which the authorized board must render its decision may be extended by mutual consent of the applicant and the board, provided however, that the failure to comply with the time requirements of this section shall not result in approval by default of the special use permit application. The decision of the authorized board on the application after the holding of the public hearing shall be filed in the office of the Town Clerk within five business days after such decision is rendered and a copy mailed to the applicant. Further, the applicant shall post a sign which shall be located so that it is visible from the nearest public street on the property referenced in such application at least 10 days but not more than 20 days prior to the Board of Appeals scheduled hearing on the matter. Such signs shall be issued by the Secretary of the Zoning Board of Appeals upon receipt of a security deposit, in an amount to be set forth by resolution of the Town Board, which security deposits shall be retained by the Town in the event that the applicant fails to return the sign within 10 days from the close of the public hearing. The Board may authorize the issuance of a permit, provided that it finds that all the following conditions and standards have been met:
[Amended 4-12-1977 by L.L. No. 3-1977; 4-26-1977 by L.L. No.
5-1977; 12-20-1978 by L.L. No. 11-1978; 6-23-1987 by L.L. No.
8-1987; 2-22-1994 by L.L. No. 7-1994; 9-12-1995 by L.L. No.
9-1995; 3-27-2012 by L.L. No. 1-2012]
(1)
In a residence district, the proposed use will serve a community
need or convenience.
(2)
The location and size of the use, the nature and intensity of the
operations involved in it or conducted in the 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, are such that they will
be in harmony with the appropriate and orderly development of the
district in which located.
(3)
The location, nature and height of buildings, walls and fences and
the nature and extent of existing or proposed plantings on the site
are such that the use will not hinder or discourage the appropriate
development and use of adjacent land and buildings.
(4)
Operations in connection with any special use will not be more objectionable
to nearby properties by reason of noise, fumes, vibrations or other
characteristics then would be the operations of every permitted use
not requiring a special permit.
(5)
Parking areas will be of adequate size for the particular use, properly
located and suitably screened from adjoining residential uses, and
the entrance and exit drives shall be laid out so as to achieve maximum
and adequate safety.
C.
Conditions and safeguards. The Board of Appeals shall attach such
conditions and safeguards to an approved use and development plan
as are, in its opinion, necessary to ensure initial and continual
conformance to all applicable standards and requirements. In all cases
the Zoning Board shall retain continuing jurisdiction.
D.
Action on application; inspection of improvements; certification;
fee.
[Amended 9-12-1995 by L.L. No. 9-1995; 7-14-2009 by L.L. No.
8-2009]
E.
Action on application. Upon receipt by the Building Inspector of a copy of the authorized Board's decision granting the special permit, the applicant shall, upon payment of any fees prescribed therefor, be entitled to a building permit or certificate of occupancy, as the case may be, from the Building Inspector, subject to any conditions and safeguards recommended by the Board and further subject to the requirements of Chapter 48 of the Code of the Town of New Castle. The Building Inspector shall not issue a building permit or a certificate of occupancy in the event that the Board of Appeals shall not make a finding that all of the enumerated conditions prevail.
[Amended 11-22-2011 by L.L. No. 15-2011]
F.
Inspection of improvements. The Town Engineer shall be responsible
for inspecting certain required improvements, such as construction
of streets, utilities, parking lots, retaining walls, landscaping,
stormwater facilities and/or other improvements that may be required
by the approving Board during construction to ensure their satisfactory
completion and, upon such completion, shall furnish the authorized
Board with a statement to that effect. If the Town Engineer determines
that any of the certain required improvements have not been constructed
in accordance with the approved special permit requirements, the applicant
shall be responsible for properly completing said improvements. Failure
of the Town Engineer to carry out inspection of certain required improvements
during construction shall not in any way relieve the applicant or
a bonding company of his or its responsibilities related to the proper
construction of such improvements.
G.
Inspection of stages of construction.
(1)
To facilitate inspection of required improvements during construction,
the applicant shall notify the Town Engineer at least three working
days before reaching each of the following stages of construction:
H.
The applicant shall not proceed to work on any stage subsequent to
the first stage until the work of the previous stage has been inspected
and approved by the Town Engineer or the Town Engineer's duly authorized
representative. In the case of any other improvements, the Town Engineer
shall inspect the work at such progressive stages as the Town Engineer
shall specify, and the Town Engineer shall certify to the authorized
Board that the work was inspected by the Town Engineer and was in
accordance with the approved plans and specifications.
I.
Certification of mix data. Upon request of the Town Engineer or the
Town Engineer's duly authorized representative, the applicant shall
furnish a certification from the bituminous concrete supplier providing
mix data, including aggregate source and grading, quantities of all
ingredients and critical temperatures.
J.
Test specimens. When test specimens are requested by the Town Engineer
or the Town Engineer's duly authorized representative, the contractor
shall cut and transport the necessary sample to a laboratory selected
by the Town Engineer. Costs of tests and reports shall be borne entirely
by the applicant.
K.
Certificate of construction. At such time as the applicant has completed
construction of all required improvements, the applicant shall furnish
to the Town Engineer three copies of as-built plans and profiles which
show the actual location of all paved streets, culverts, headwalls,
drains, manholes, catch basins, sidewalks, curbs, utility lines and
equipment, street signs, street trees and all other required improvements,
as constructed, and all other pertinent information, such as cross
sections of the streets at intervals determined by the Town Engineer,
the culvert and drain grades, sewer grades, sidewalk and curb grades
and invert elevations at manholes. Such plans and profiles shall bear
a date certification by a professional engineer or licensed surveyor
to the effect that the data shown thereon was accurately determined
by filed survey. If the location or accuracy of improvements does
not, in the opinion of the authorized Board, fully comply with the
approved construction plans and specifications, the authorized Board
shall have the right to refuse to sign the final plat or release the
bond until such situation is corrected.
L.
Inspection fee. To offset the costs incurred by the Town in conducting
inspections for approval of special permits involving the construction
of streets, utilities, parking lots, retaining walls, landscaping,
stormwater facilities and/or other improvements, all applicants granted
special permit approval involving such improvements shall be required
to submit an inspection fee, payable to the Town of New Castle, equal
in amount to 3% of the estimated cost of improvements as determined
by the authorized Board.
M.
Expiration of special permits. A special permit shall be deemed to
authorize only the particular use or uses specified in the permit
and shall expire if said use or uses shall cease for more than six
months for any reason or if all required improvements are not completed
within 18 months from the date of issue. The Board of Appeals shall
have the power and authority to designate terms and conditions which
it deems material and essential in connection with any special use
permit. Upon finding that a material and essential condition of the
permit has been violated, the Board of Appeals may adopt a resolution
terminating the permit. The permit holder shall be entitled to a public
hearing before the Board of Appeals as to the occurrence of any such
violation, upon five days' written notice.
[Amended 9-25-1979 by L.L. No. 13-1979]
N.
Existing violations. No permit shall be issued for a special use for a property where there is an existing violation of this chapter or Chapter 48 of the Code of the Town of New Castle.
[Amended 11-22-2011 by L.L. No. 15-2011]
O.
Additional standards and requirements for particular uses.
(1)
Gas and electric power transmission lines and transformer and switching
stations.
[Amended 4-8-1997 by L.L. No. 7-1997]
(a)
Applicants for permits to establish power transmission lines or transformer or switching stations and customary accessory uses in residential zones shall prepare and submit to the Zoning Board of Appeals sufficient evidence to permit that Board to arrive at a finding, in addition to all other findings required by this section (§ 60-430), that service cannot be supplied adequately and reasonably by such facilities located in a business or industrial district; that a public necessity exists for such facilities in the residential area; and that the particular site for which application is made is the least objectionable of possible sites from the public standpoint and takes into consideration future as well as present needs.
(b)
Any lot on which a transformer station is located shall have
an area of at least 10,000 square feet and a frontage of at least
100 feet. The station shall be set back at least 50 feet from the
front property line and 25 feet from all other property lines and
shall be enclosed by protective fencing and a gate which shall be
closed and locked except when necessary to obtain access thereto.
(c)
Any such facilities shall be so designed, enclosed, painted
or colored and screened with evergreens that they will be harmonious
with the residential area in which located. All such property shall
be suitably landscaped and maintained in reasonable conformity with
the standards of property maintenance of the neighborhood in which
located.
(d)
The applicant for a permit to install a new, enlarged or replacement
transformer or switching station shall include as part of the application
a current study of the feasibility of installing such facilities underground
and shall, if required by the Board, furnish such other data, studies
and reports as will enable the Board to determine whether the particular
facility for which a permit is sought should be required to be placed
underground. All new or additional power transmission or distribution
lines shall be placed underground.
(2)
Places of worship, private schools, day nurseries, colleges, day
play schools, summer theaters, riding academies, public libraries,
museums and art galleries.
(a)
Location. The special uses listed in this subsection may be
permitted in residence districts only in locations fronting on or
having direct access to major or collector roads as determined by
the Planning Board and shown on the Town Development Plan Map.
(b)
Coverage. Building coverage, including accessory buildings,
shall not exceed 20% of the lot area, nor shall the sum total of the
land covered with buildings and parking, including driveways, exceed
50% of the lot area, within any residence district.
(c)
Setbacks. All buildings shall be set back from adjoining properties
in residence districts and street lines directly opposite properties
in residence districts a distance equal to at least twice the height
of such building, but in no case less than 50 feet, except 25 feet
for accessory buildings not over one story or 12 feet in height located
in a side or rear yard. Off-street parking areas shall not be permitted
in any required front yard, nor in any required side or rear yard
within 15 feet of any adjoining property in a residence district.
(d)
Buffer area. A landscaped buffer area, meeting at least the minimum requirements of § 60-420D(2) of this chapter, shall be required along all lot lines adjoining properties in residence districts.
(e)
Other requirements. In addition to the special standards described above, places of worship, private schools, day nurseries, day play schools, colleges, summer theaters and riding academies shall comply with any other requirements of this chapter and any other special requirements deemed appropriate by the Board of Appeals in accordance with the requirements of this section (§ 60-430).
(3)
Research and Office Business (B-RO) Districts. Within a Research
and Office Business (B-RO) District, all development shall conform
to the following additional standards and requirements in addition
to all other applicable standards and requirements of this chapter:
(a)
No more than one main building or group of buildings serving
a single user, and its accessory structures, shall be located on any
one lot; and all business uses, other than off-street parking, shall
be conducted within fully enclosed buildings. Notwithstanding the
foregoing, in the B-RO-20 District, buildings may be occupied by more
than one user and by multiple tenants.
[Amended 6-22-1983 by L.L. No. 5-1983; 6-7-2005 by L.L. No.
4-2005[2]; 4-12-2010 by L.L. No. 3-2011]
[2]
Editor's Note: This local law also provided it would expire
upon the adoption of a subsequent zoning change that would permit
any use or combination of uses not permitted as of 6-7-2005 on any
property located in the B-RO-20 Zoning District.
(b)
Each lot in a Research and Office Business District shall have
frontage on and access to a major road as determined by the Planning
Board and shown on the Town Development Plan Map or frontage on and
access to a street approved by the Town Planning Board as a part of
a subdivision of land for the purpose permitted in a Research and
Office Business District, provided any such new street is laid out
so that it will not be necessary for the principal traffic generated
by the business use to travel through any areas having residential
frontage before reaching a major road. The connection between any
such new street and a major road hall be adequate in location, design
and capacity so as to avoid unsafe conditions and traffic congestion.
(c)
In approving the development of any use within the Research
and Office Business District, the approving authority shall consider
the location and height of all buildings and related uses with respect
to the topography of the property, with the objective of securing
the maximum harmony of such buildings and uses with the surrounding
landscape.
(d)
In permitting the development of any property in the Research
and Office Business Districts, the approving authority may require
interior or exterior screening or shading to avoid the emission of
artificial light from any building on the premises during the hours
of darkness after 7:00 p.m.
(e)
The approving authority is hereby authorized, when approving
the issuance of a special permit for uses within the Research and
Office Business District, to limit, in terms of employees or other
appropriate measure, the maximum size or density of any use so as
to ensure that the potential generation of traffic from such use will
be properly related to the capacity of the street system serving it.
(f)
The minimum required side and rear yard setback in the B-RO-150
Research and Office Business District may be reduced to 150 feet by
the Planning Board where said Board determines that adequate separation
and screening for present and potential future residences on adjacent
properties will be provided by virtue of existing topographic conditions
such as wetlands, ridges or steep slopes or existing or proposed vegetation.
In no case, however, shall a principal building exceed the height
of a plane defined by a vertical angle of 7° above the horizontal
originating at a point 10 feet above the mean level of the land immediately
adjacent to the facing wall of any residence building existing on
a neighboring residential property as of February 1, 1983, or a point
five feet above the center line of the traveled way of any adjacent
public highway, when such building would be located within 500 feet
of such adjacent residential property or public highway. An exception
to this additional setback restriction may be permitted by the Planning
Board where intervening natural topography or evergreen vegetation
would substantially shield or obstruct the view of a higher building
from the point at which the plane is established. In any case, where
a principal building is to be constructed within 300 feet of an adjacent
residential property, the Planning Board may require an evergreen
buffer area of not less than 25 feet in depth, which shall be designed
to substantially obstruct or screen any portion of such building within
the three-hundred-foot setback area as viewed from a point 10 feet
above the ground where any existing or potential future residential
structure is or may be located.
[Added 6-22-1983 by L.L. No. 5-1983]
(4)
Monasteries and private clubs.
(a)
Location and use. Where monasteries and private clubs do not
front on or have direct access to a major or collector road as determined
by the Planning Board and shown on the Town Development Plan Map,
the intensity of use shall be limited by the Board of Appeals to the
extent necessary to assure that the expected average traffic generation
of such use will not exceed that which would be expected if the premises
were developed for permitted residential purposes.
(b)
Buffer area. A landscaped buffer area, meeting at least the minimum requirements of § 60-420D(2) of this chapter, shall be required along all lot lines adjoining properties in residence districts.
(c)
Special setback requirements. All active recreational facilities,
such as tennis courts and swimming pools, shall be located out of
doors and shall be set back from adjacent residential property boundaries
at least twice the minimum distance required for residential buildings
in the district in which they are located, except that the Board of
Appeals may permit a reduction of this additional setback requirement
where, because of topography or the installation of additional buffer
landscaping and/or fencing, the Board of Appeals determines that any
potential adverse external effect of such use can be effectively reduced.
(5)
Nursing homes.
(a)
Location. Nursing homes shall be permitted in residence districts
only in locations fronting on or having direct access to a state or
county road.
(b)
Site size. The minimum site size for a nursing home in a residence district shall be 10 times the normally required minimum lot size for a one-family dwelling as specified in § 60-410A, Schedule of regulations for residence districts.[3]
[3]
Editor's Note: Said Schedule is located at the end of this
chapter.
(c)
Density. The maximum permitted density shall not exceed five
patient beds for each amount of land area equal to the minimum lot
size requirement for a one-family dwelling in the residence district
in which it is located. If located in a nonresidential zoning district,
there shall be not more than one patient bed for each 2,500 square
feet of lot area.
(d)
Coverage. Building coverage, including accessory buildings,
shall not exceed 10% of the lot area, nor shall the sum total of land
covered with buildings and parking, including driveways, exceed 30%
of the lot area, within any residence district.
(e)
Setbacks. All buildings shall be set back from adjoining properties
in residence districts and from street lines directly opposite properties
in residence districts, a distance equal to at least twice the height
of such building, but in no case less than 50 feet, except 25 feet
for accessory buildings not over one story or 12 feet in height located
in a side or rear yard. Off-street parking areas shall not be permitted
in any required front yard, nor in any required side or rear yard
within 15 feet of any adjoining property in a residence district.
(f)
Off-street parking and loading. Minimum off-street parking requirements
for nursing homes shall be one space for each person employed on the
maximum shift, including staff doctors, plus one space for each two
patient beds. One off-street loading space shall be provided for each
100 patient beds or major portion thereof.
(g)
Buffer area. A landscaped buffer area, meeting at least the minimum requirements of § 60-420D(2) of this chapter, shall be required along all lot lines adjoining properties in residence districts.
(h)
Other requirements. In addition to the special standards described above, nursing homes shall comply with any other requirements of this chapter, any other special requirements deemed appropriate by the Board of Appeals in accordance with the requirements of this section (§ 60-430), and all other applicable laws and regulations governing nursing homes.
(6)
Institutional uses.
[Added 4-14-1973]
(a)
Location and minimum site size. Institutional uses shall be
permitted in residence districts only on sites equal to at least 10
acres or 10 times the lot size requirement for the district in which
it is located, whichever is the greater, in locations fronting on
or having direct access to a major road as determined by the Planning
Board and shown on the Town Development Plan Map, except that the
Zoning Board of Appeals may permit such an institutional use to locate
on any other property containing an area equal to at least 25 acres
or 25 times the minimum lot size requirement for the district in which
it is located, whichever is the greater, provided such property has
been occupied by another institutional or monastery use permitted
by this chapter.
(b)
Intensity of use. The intensity of use shall be limited by the
Zoning Board of Appeals to the extent necessary to cure that the anticipated
average traffic generation and other effects of such use will not
exceed that which would be expected if the premises were developed
for permitted residential purposes. In no case, however, shall the
maximum number of persons permitted to occupy institutional sites
amount to more than the number resulting from dividing the total site
area by the minimum lot size requirement for the district in which
it is located and multiplying by two to determine the maximum number
of persons who shall be permitted to occupy the site on a regular
daily basis, and by three to determine the maximum number of persons
who shall be permitted to occupy the site at any one time for any
purpose. Residents on a permanent basis shall be limited only to those
employees and their families necessary for the proper operation and
maintenance of the facility. The overnight lodging of temporary guests
may be allowed only while they are participating in permitted functions
of the institution as set forth in the special permit, and for periods
not to exceed three days.
(c)
Coverage. Building coverage, including accessory buildings,
shall not exceed 10% of the lot area, nor shall the sum total of land
covered with buildings and parking, including driveways, exceed 30%
of the lot area, within any residence district.
(d)
Setbacks. Setbacks for all buildings shall be at least twice
the distance required for residential buildings in the district in
which they may be located, except that, with respect to existing buildings,
the Zoning Board of Appeals may reduce the required setback to the
minimum required for residential buildings in the zoning district
in which the premises are situated, where the Zoning Board finds that
such reduction will not adversely affect surrounding properties or
be otherwise inconsistent with any of the requirements and standards
provided in this section. Setbacks for off-street parking areas shall
be at least equal to the setbacks required for residential buildings
in the district in which they are located. Where determined appropriate
by the Zoning Board of Appeals, new buildings shall be spaced so as
to allow possible future subdivision in accordance with the lot size
and setback standards of the district in which they are located.
[Amended 5-7-1973]
(e)
Off-street parking and loading. Minimum off-street parking requirements
for institutional uses shall be two spaces per resident family, plus
one space for each permanent employee and one space for each three
temporary guests.
(f)
Landscaping and buffer areas. All institutional sites shall be attractively landscaped in accordance with plans approved by the Zoning Board of Appeals. A buffer area meeting at least the minimum requirements of § 60-420D(2) of this chapter shall be required along all lot lines adjoining or directly across the street from properties in residence districts. Such planting and landscaping shall be properly maintained at all times in accordance with such specifications so as to promote a development harmonious with adjoining residential properties.
(g)
Other requirements. In addition to the special standards described above, an institutional use shall comply with all other requirements of this chapter and any other special requirements deemed appropriate by the Zoning Board of Appeals in accordance with the provisions of this section, § 60-430.
(h)
The Zoning Board of Appeals, in its decision granting special
use permits under this section shall identify and set forth the number
of acres covered by such special use permit and shall also set forth
the maximum number of persons permitted to occupy the site on a regular
daily basis and at any one time for any purpose. A special use permit
granted hereunder shall be void if the property for which it has been
approved is subdivided or otherwise reduced in size.
(7)
Fast-food restaurants.
[Added 4-12-1977 by L.L. No. 3-1977]
(a)
Location. Fast-food restaurants shall be permitted only when
located in multitenanted buildings.
(b)
Traffic impact. The Planning Board shall, in each individual
case, consider the potential traffic impact of the proposed fast-food
restaurant on the adjoining road system. Where said Board determines
that such traffic may have a significant, adverse impact, it may deny
the application or it may require such reduction in scale or other
modification of the size and nature of the proposed facility as, in
the opinion of said Board, will be adequate to reduce the estimated
impact to an acceptable level.
(c)
Waste material. All waste material shall be stored in rodentproof
containers which shall be kept in a screened or enclosed location
and shall be removed from the premises each day, with the exception
of Sundays and holidays.
(d)
Other requirements. In addition to the special standards described
above and the general standards for special permit uses as set forth
in this chapter, the Planning Board may, as a condition of approval
of any such special permit application, establish any other additional
standards, conditions and requirements, including a limitation on
hours of operation, as it may deem necessary or appropriate to promote
the public health, safety and welfare and to otherwise implement the
intent of this chapter.
(8)
Group instruction. The following special standards and requirements shall apply to group instruction when permitted as an accessory use in a principal dwelling in a residence district, and shall be in addition to all other standards and requirements of § 60-430, as well as the applicable requirements for other customary home occupations as set forth in § 60-410G:
[Added 8-22-1978 by L.L.
No. 5-1978; amended 3-27-2018 by L.L. No. 4-2018]
(a)
The maximum number of pupils shall be limited to five at any
one time.
(b)
Off-street parking shall be provided in an amount as determined adequate for the particular use by the board authorized to grant special permit approval for group instruction. If the Planning Board is not the approving authority, the application shall be referred to the Planning Board for review and report pursuant to § 60-430B. The Planning Board's report to the approving authority shall include a recommendation as to the number of parking spaces required for the special permit application.
(9)
Multifamily Designed Residential Developments (MFDRD). The development of an MFDRD shall be permitted only upon the issuance of a special permit by the Planning Board and shall be subject to the specific requirements set forth herein in addition to the appropriate general procedures, conditions and standards applicable to special permit uses as set forth in § 60-430 of this chapter.
[Added 10-29-1979 by L.L. No. 16-1979]
(a)
Purpose and intent. It is the specific purpose and intent of
permitting MFDRD's to allow a low-density form of multifamily housing
on the Town's remaining large parcels of residentially zoned land
so as to add to the variety of housing forms presently and potentially
available in New Castle, to encourage the preservation of open space
and natural features, to obtain the most environmentally and economically
sound forms of residential development in accordance with modern planning
design criteria and to otherwise achieve social, environmental and
economic benefits in accordance with the Town Plan and for the benefit
of all present and future residents of New Castle and the region.
(b)
Special development standards.
[1]
Site requirements.
[a]
Site size. The minimum required area for an MFDRD
shall be equal to 100 times the minimum lot size required for one-family
dwellings in the district in which it is located. If permitted by
the Planning Board, the minimum site area need not be located entirely
within the Town of New Castle, provided that a plan is proposed and
similarly approved for the balance of the property in the neighboring
community, and further provided that the density and dwelling unit
mix on the New Castle portion of any such site does not exceed that
which is allowed pursuant to this chapter.
[Amended 4-11-1990 by L.L. No. 21-1990]
[b]
Ownership. A proposed MFDRD site may be owned by
one or more persons or corporations but shall be presented as a single
parcel of land at the time the special permit application is made.
Such parcel may include lands which are divided by street rights-of-way,
provided that the lands are situated, in whole or in part, directly
across from each other so that they would be contiguous were it not
for the intervening right-of-way. The special permit application shall
be jointly filed by all owners and, if approved, shall be jointly
binding on all of them. If required by the Planning Board, this shall
be confirmed by written agreement, in recordable form satisfactory
to the Town Attorney.
[2]
Traffic access. Traffic access to MFDRD sites shall be adequate
to accommodate the anticipated traffic generation resulting from the
multifamily development proposed thereon. In the event that primary
frontage and access to a proposed MFDRD site is over a Town or county
road, the Planning Board shall not issue the required special use
permit until and unless said Board determines that the Town or county
road is capable of accommodating the additional traffic generation
or, if not, that the necessary improvements will be made prior to
the occupancy of any dwelling units in the MFDRD.
[3]
Permitted uses. The permitted principal and accessory uses within
the MFDRD shall be the same as those permitted in the MFR districts
and those principal uses as permitted and regulated in the one-family
residence district in which it is located; provided, however, that
one-family detached dwellings shall constitute not more than 25% of
the total number of dwelling units in the MFDRD and except that for
all such uses permitted, the Planning Board shall be the governing
authority.
[Amended 5-26-1981 by L.L. No. 3-1981; 4-11-1990 by L.L. No.
21-1990; 6-14-1990 by L.L. No. 27-1990]
[4]
Density. The basic permitted density within an approved MFDRD
shall be calculated as in the MFR-C District, except that it shall
be based upon the following minimum lot area standards:
|
Minimum Gross Lot Area Requirement Per Dwelling Unit by
Zoning District
(square feet)
| ||||
|---|---|---|---|---|
|
Dwelling Unit Size
|
R-1/2A
|
R-1A
|
R-2A
| |
|
Efficiency (studio) apartment
|
7,500
|
15,000
|
30,000
| |
|
1-bedroom apartment
|
11,250
|
22,500
|
45,000
| |
|
2-bedroom apartment
|
15,000
|
30,000
|
60,000
| |
|
3-bedroom apartment
|
18,750
|
37,500
|
75,000
| |
|
4-bedroom apartment
|
22,500
|
45,000
|
90,000
| |
|
1-family detached dwelling
[Amended 4-11-1990 by L.L. No. 21-1990] |
22,500
|
45,000
|
90,000
| |
|
The maximum permitted incentive density increase within an approved
MFDRD shall be determined by the Planning Board as in the MFR-C District,
except that it shall be limited to a total of not more than 20% of
the basic permitted density.
|
[a]
Nonwetland areas. The density increase attributable
to the nonwetland portion of the site shall be determined in accordance
with the following schedule of incentive features and corresponding
permitted density increases:
|
Incentive Feature
|
Maximum Permitted Increase Beyond the Basic Permitted
Density on Nonwetland Areas
| |
|---|---|---|
|
1.
|
Senior citizen apartments
|
1% for each 10%
|
|
2.
|
Recreation facilities, including without limitation swimming
pools, tennis courts, community centers, etc.
|
5%
|
|
3.
|
The construction of related off-site improvements, including
without limitation the improvement of neighboring access roads, drainage
facilities, etc.
|
10%
|
|
4.
|
The dedication of land and/or facilities for a public purpose,
provided that the Town Board agrees to accept such dedication
|
5%
|
|
5.[4]
|
Such other special design features or facilities as may be requested
or approved by the Planning Board
|
5%
|
[4]
Editor's Note: Former Item 5, which listed energy-efficient
design features as an incentive feature, was repealed 12-10-1985 by
L.L. No. 19-1985. Said local law also redesignated former Item 6 as
Item 5.
[b]
Wetland areas. The criteria for approving any density
increase attributable to the wetlands portion of any site shall be
those set forth in § 60-410H(2)(a)[2][b] of this chapter.
[5]
Utilities and services.
[a]
Water and sewer service. All MFDRD's shall be located
within public water and sewer service districts. Where such district(s)
does not presently exist on a proposed MFDRD site, a special district
shall be created therefor prior to or as a condition of the approval
of the issuance of the special permit. All dwelling units within an
MFDRD shall be connected to such public water and sewer systems in
accordance with standards approved by the Town Engineer, the Westchester
County Health Department and any other county, state or federal agencies
having jurisdiction. All dwelling units shall be separately metered
for water.
[b]
Drainage. Stormwater drainage systems serving any
MFDRD shall be designed so that the rate of runoff from the site during
a one-hundred-year storm will not exceed that which would have occurred
prior to its construction. The calculation of such runoff rate and
the design of the drainage system shall be subject to the approval
of the Town Engineer. The Planning Board may, based upon the recommendation
of the Town Engineer, waive or reduce this requirement where it is
determined that, due to the nature or location of the property within
its watershed, such a standard may be unnecessary or inappropriate.
[Amended 3-27-1984 by L.L. No. 2-1984[5]]
[5]
Editor's Note: Said local law was readopted 7-31-1984
[c]
Refuse storage and collection. Plans for the storage
and collection of refuse within any MFDRD shall be subject to Planning
Board approval. Refuse shall be stored in rodentproof containers which
shall be conveniently located to serve all dwelling units and shall
be enclosed or otherwise screened from view. Such facilities shall
comply with all setback requirements applicable to principal buildings.
[d]
Undergrounding. All utilities within any MFDRD,
including electric, telephone and cable television service, shall
be placed underground.
[6]
Coverage. The maximum permitted building coverage within an
MFDRD shall be 10% and the maximum permitted development coverage
shall be 20%. Such coverage shall be calculated on the basis of nonwetland
areas only.
[Amended 5-23-1995 by L.L. No. 6-1995]
[7]
Off-street parking. Off-street parking shall be provided in accordance with the standards of § 60-420F of this chapter and shall also comply with the special standards applicable to MFR-C Districts as set forth in § 60-410H(2)(e) hereof.
[8]
Recreation and open space.
[b]
Private outdoor space. In addition to the above,
each individual dwelling unit shall be provided with private outdoor
space in the form of a patio, terrace, garden, courtyard, deck and/or
balcony, which space shall be immediately adjacent and directly accessible
to the dwelling unit which it serves. As a general guide, such private
outdoor space shall equal at least 15% of the gross floor area of
the dwelling unit it serves.
[Amended 4-11-1990 by L.L. No. 21-1990]
[c]
Other open spaces. All lands within an MFDRD which
are not used for one or more of the purposes enumerated above shall
be designed and maintained as permanent open space, either to be improved
and landscaped or to be preserved in their natural state, all in accordance
with plans and restrictions as may be approved by the Planning Board.
[9]
Other requirements.
[a]
Access to individual units. Each individual dwelling
unit within an MFDRD shall have its own separate entrance and exit
leading directly to the outside.
[b]
Central antenna system. A central radio/television
antenna system shall be provided for each MFDRD or for each grouping
of attached dwelling units. Separate exterior antennas for individual
dwelling units shall not be permitted.
(c)
Procedure.
[1]
Application. Application for approval of a special permit for
an MFDRD shall be submitted to the Planning Board, in 16 copies, and
in an electronic file format, at a regularly scheduled meeting of
said Board.
[Amended 3-27-2012 by L.L. No. 1-2012]
[2]
Approval required. Approval, or approval with modifications,
of the special permit application is required and shall be deemed
to authorize the applicant to proceed with detailed design and to
submit applications for the approval of subdivision plats and site
development plans for individual sections or stages thereof in accordance
with the approved preliminary development concept plan or subdivision
plat, if appropriate. No clearing, grading or other site work or construction
activity shall be begun within MFDRD until approval of such detailed
plans therefor by the Planning Board.
[Amended 6-23-1987 by L.L. No. 8-1987]
(10)
Farming of crops and/or raising of livestock.
[Added 9-11-1979 by L.L. No. 12.1979[7]]
(a)
Location. The farming of crops and/or raising of livestock shall
be permitted only in the R-2A and R-IA Residence Districts.
(b)
Minimum site size. The minimum site size shall be 25 acres.
(c)
Density. If the agricultural use includes the raising of animals,
the maximum permitted number of which may be kept on the property
shall be determined by the Town Board and shall be specified in the
special use permit.
(d)
Setbacks and buffer areas. The setback requirements shall in
each individual case be established by the Town Board and specified
on the site development plan approved as a part of the special use
permit. In establishing setback restrictions, the Town Board will
take into consideration the specific nature of the proposed use, the
characteristics of the site upon which it will be located, the relationship
of the site to neighboring properties and uses and such other factors
as the Board may determine appropriate, but in no case shall the location
of any building, pens or runs where animals are kept, or any areas
where manure or other odor- or dust-producing substances are stored,
be permitted closer than 250 feet to any property line. Within such
setback areas, evergreen landscaping or other forms of visual screening
shall be provided by the applicant to the extent determined necessary
by the Town Board. Such buffering shall be shown on the approved site
development plan.
(e)
Fencing. All outdoor areas where farm animals or livestock are
allowed to graze or roam shall be securely fenced to prevent straying.
Such fences shall be maintained in a proper and attractive condition
at all times.
(f)
Other requirements. In addition to the requirements specified
above, the Town Board may institute such other special requirements
as said Board may determine necessary to assure that the purpose and
intent of this section, as well as of this chapter as a whole, are
met and that the public health, safety, morals and general welfare
of the Town's residents are properly protected.
[7]
Editor's Note: This subsection was renumbered from § 60-437.9
to § 60-437.9A as a result of the adoption of L.L. No. 16-1979,
which also added a § 60-437.9.
(11)
Senior citizens shared residences.
[Added 1-23-1990 by L.L. No. 1-1990]
(a)
Use. A senior citizens shared residence ("residence") shall
be owned and operated by a not-for-profit corporation or other such
entity, providing rental housing at reasonable cost for senior citizens
of modest means, aged 55 years or older, and their spouses who may
be under 55 years, who are capable of living independently and utilizing
shared kitchen, dining, bathroom and recreational facilities. A senior
citizens shared residence shall not include a nursing home or a rooming
house.
(b)
Location. The special use provided for by this section shall
be permitted only in structures existing on January 1, 1990, located
in R-1/4A One-Family Residence Districts on lots containing an area
of 20,000 square feet or more, provided that the proposed site is
within 1/2 mile of a business district and within one mile of a railroad
station or regular stop on a bus route which will provide the residents
with transportation to a railroad station, stores and other community
facilities and services.
(c)
Buffer area. A landscaped buffer area, meeting at least the minimum requirements of § 60-420D(2) of this chapter, shall be required along all lot lines.
(d)
Occupancy. The number of occupants residing in a senior citizens shared residence shall not exceed one occupant per 450 square feet of living space. The foregoing notwithstanding, there shall be one bedroom per occupant, and each occupant shall have his or her own bedroom, provided that the number of bedrooms shared by couples living as husband and wife in any such residence shall not exceed 1/3 of the number of bedrooms in such residence. As used in this § 60-430O(11)(d), the term "living space" shall mean the number of square feet in the residence to be utilized by the residents for bedroom, bathroom, kitchen, dining and shared living purposes.
(e)
Off-street parking. The applicant shall demonstrate to the satisfaction
of the Zoning Board of Appeals that space exists on the site to park
a number of vehicles at least equal to 1/2 the number of bedrooms
in the residence, plus one additional space. The foregoing notwithstanding,
the Zoning Board of Appeals may require a greater number of parking
spaces for any residence if in its discretion such Board finds that
a greater number is appropriate.
(f)
Shared facilities. The applicant shall demonstrate to the satisfaction
of the Zoning Board of Appeals that the proposed residence will contain
adequate kitchen, dining, bathroom, recreation and other shared living
areas for the number of residents who may occupy such residence.
(g)
Management. For all residences, the applicant shall establish
to the satisfaction of the Zoning Board of Appeals that there will
be adequate management, maintenance and supervision.
(h)
Compliance with law. The applicant shall demonstrate to the
satisfaction of the Zoning Board of Appeals that the applicant has
complied with or is in the process of complying with all applicable
federal, state and municipal laws, rules and regulations, including
but not limited to obtaining any necessary licenses for the operation
of the residence. The applicant shall also demonstrate to the satisfaction
of the Zoning Board of Appeals that the proposed residence will be
in compliance with all such laws, rules and regulations.
(i)
Duration of special permit. Special permits granted pursuant
to this section shall be valid for five years from the date the resolution
granting the permit is filed in the Town Clerk's office, provided
that such permits shall be renewable upon the demonstration by the
applicant to the Zoning Board of Appeals that the residence has been
operated in compliance with all requirements of its permit and of
this section and is not at the time of such renewal in violation of
any applicable federal, state or municipal law, rule or regulation.
Each renewal period shall be valid for a period of five years commencing
with the date of filing of the resolution granting such extension
in the office of the Town Clerk.
(j)
Other requirements. In addition to the special standards described above, a senior citizens shared residence shall comply with all other requirements of this chapter and any other special requirements deemed appropriate to the Zoning Board of Appeals in accordance with § 60-430. The applicant shall establish to the satisfaction of the Zoning Board of Appeals that it has sufficient financial and other resources and experience to sponsor and operate a residence properly.
(12)
Athletic training centers. The following special standards and
requirements shall apply to any ancillary activities permitted in
conjunction with the operation of an athletic training center, which
shall be limited to the offering of classes in ballet dance instruction
and the holding of special social functions:
[Added 7-24-1990 by L.L. No. 30-1990]
(a)
Applicants for permits to expand the activities permitted at an athletic training center shall prepare and submit to the Planning Board sufficient evidence to permit that Board to arrive at a finding, in addition to all other findings required by § 60-430 of this chapter, that adequate and safe access and traffic circulation patterns exist and that adequate off-street parking is available to accommodate the expanded use of such facility.
(b)
Traffic access and circulation. The Planning Board is hereby
authorized, when approving the issuance of a special permit for the
ancillary uses described herein, to limit in terms of participation
levels, the scheduling of activities and/or other appropriate measures,
the maximum size and/or density of any such ancillary use(s) so as
to ensure that the on-site circulation system and the public roadway
system can safely accommodate the increased traffic associated with
such expanded use of the facility and so that the potential traffic
generation from such use(s) will be properly related to the capacity
of the street system serving it.
(c)
Parking. The Planning Board is hereby further authorized, when approving the issuance of a special permit for the ancillary uses described herein, to establish a supplementary parking requirement for those uses in addition to that required in § 60-420F(3)(a) of this chapter based on that Board's evaluation of the projected participation level(s) and scheduling of all activities to be accommodated at such facility.
(d)
Instructional classes shall not be open to viewing by the general
public.
(e)
All instructional classes, social functions and other similar
activities related to the operation of such facility shall take place
within a fully enclosed building.
(f)
Other requirements. In addition to the requirements specified
above, the Planning Board may institute such other special requirements
as said Board may deem appropriate to assure that the purpose and
intent of this section, as well as of the Zoning Ordinance as a whole,
are met and that the public health, safety, morals and general welfare
of the Town's residents are properly protected.
(13)
Housing for families displaced by domestic disturbance ("HFDD
shared residence") shall be owned and operated by a not-for-profit
corporation, duly licensed and authorized to provide short-term housing
for men and women and their dependent children who need temporary
shelter when they are displaced from their homes because of domestic
disturbance. The residents of a HFDD shared residence shall share
kitchen, dining, bathroom and recreational facilities. A HFDD shared
residence shall not include a rooming house as defined in this chapter
or a safe home network or domestic violence safe dwelling as these
uses are defined in the New York State Department of Social Services
Regulations, as same may be amended from time to time. For purposes
of this section, "short-term housing" shall mean a period not to exceed
three consecutive months, subject to not more than two extensions
not exceeding 45 days each, granted on a case-by-case basis, pursuant
to New York State Department of Social Services licensing regulations.
[Added 4-23-1996 by L.L. No. 4-1996; amended 3-11-2014 by L.L. No.
1-2014]
(a)
Location.
[Added 4-23-1996 by L.L. No. 4-1996]
[1]
The special use provided for by this section shall be permitted
only in principal buildings existing on July 1, 1995, which are located
in R-1/4A or R-1/2A One-Family Residence Districts on lots containing
an area of 20,000 square feet or more and within 1/2 mile of a business
district and one mile of a railroad station or a regular stop on a
bus route which will provide the occupants with transportation to
a railroad station, stores and other community facilities and services.
[2]
No HFDD residence shall be located closer than one mile to any other facility established pursuant to this § 60-430O(13)(a). This distance shall be measured along a straight line connecting the two closest points of each property line.
(b)
Buffer area. A landscaped buffer area meeting at least the minimum requirements of § 60-420D(2) of this chapter shall be required along all lot lines.
[Added 4-23-1996 by L.L. No. 4-1996]
(c)
Occupancy. The number of occupants residing in an HFDD shared residence shall be the lesser of one occupant per 60 square feet of approved bedroom space or the maximum number permitted for the residence by the New York State Department of Social Services, and shall be further subject to the requirement that the site of an HFDD shared residence shall contain at least 1,500 square feet of lot area for each resident of the facility. As used in this § 60-430O(13), the term "approved bedroom space" shall mean rooms so indicated on the official records of the Town Assessor of the Town of New Castle.
[Added 4-23-1996 by L.L. No. 4-1996]
(d)
Off-street parking. The applicant shall demonstrate to the satisfaction of the Zoning Board of Appeals that space exists on the site to park a number of vehicles at least equal to 1/2 the number of approved bedrooms in the residence, plus two additional spaces. The foregoing notwithstanding, the Zoning Board of Appeals may permit a lesser number of parking spaces or require a greater number of parking spaces for any residence if, in its discretion, such Board finds that a lesser or greater number is appropriate. The Zoning Board of Appeals shall also be authorized to approve off-street parking provided in accordance with the provisions § 60-420F(4) of this chapter.
[Added 4-23-1996 by L.L. No. 4-1996]
(e)
Shared facilities. The applicant shall demonstrate to the satisfaction
of the Zoning Board of Appeals that the proposed residence will contain
adequate kitchen, dining, bathroom, recreation and other shared living
areas for the number of occupants who may occupy such residence.
[Added 4-23-1996 by L.L. No. 4-1996]
(f)
Management. For all HFDD shared residences, the reapplication
shall establish to the satisfaction of the Zoning Board of Appeals
that there will be adequate management, maintenance and supervision.
[Added 4-23-1996 by L.L. No. 4-1996]
(g)
Outdoor play space. Each HFDD shared residence shall include
an outdoor area which is designed, improved and maintained exclusively
for the active recreational use of resident children. Any such area
shall be properly enclosed with a fence or other suitable enclosure,
to the satisfaction of the Zoning Board of Appeals.
[Added 4-23-1996 by L.L. No. 4-1996]
(h)
Water and sewer service. An HFDD shared residence shall be served
by public water supply and public sewer service systems or, in the
alternative, by water supply and sewage disposal systems approved
by the Westchester County Department of Health for the proposed type
of occupancy and further subject to approval by the Town Engineer.
[Added 4-23-1996 by L.L. No. 4-1996]
(i)
Compliance with law. The applicant shall demonstrate to the
satisfaction of the Zoning Board of Appeals that the applicant and
the proposed HFDD shared residence have complied with or are in the
process of complying with all applicable federal, state and municipal
laws, rules and regulations, including but not limited to obtaining
any necessary licenses or operating certificates for the operation
of the residence as an HFDD shared residence and demonstrating compliance
with the New York State Uniform Fire Prevention and Building Code.
An HFDD shared residence shall be required to obtain a certificate
of occupancy from the Building Department, at which time the applicant
shall provide a copy of any license(s) or operating certificates for
such facility and shall demonstrate compliance with all applicable
federal, state and municipal laws, rules and regulations. The continued
validity of the special use permit for such facility shall be dependent
upon demonstration by the applicant to the satisfaction of the Zoning
Board of Appeals that the proposed HFDD shared residence is in compliance
with all such laws, rules and regulations during the time of its operation.
[Added 4-23-1996 by L.L. No. 4-1996]
(j)
Duration of special permit. Special use permits granted pursuant
to this section shall be valid for five consecutive years commencing
on the date the resolution granting the permit is filed in the Town
Clerk's office, provided that such permits shall be renewable upon
the demonstration by the applicant to the Zoning Board of Appeals
that the residence has been operated in compliance with all requirements
of its permit and of this section and is not at the time of such renewal
in violation of any applicable federal, state or municipal law, rule
or regulation. Each renewal period shall be valid for a period of
five consecutive years commencing on the date of filing of the resolution
granting renewal in the office of the Town Clerk.
[Added 4-23-1996 by L.L. No. 4-1996]
(k)
Other requirements. In addition to the special standards described above, an HFDD shared residence shall comply with all other requirements of this chapter and any other special requirements deemed appropriate to the Zoning Board of Appeals in accordance with § 60-430. The applicant shall establish to the satisfaction of the Zoning Board of Appeals that it has sufficient financial and other resources and experience to sponsor and operate HFDD shared residence properly.
[Added 4-23-1996 by L.L. No. 4-1996]
(14)
Non-small wireless facilities. The purpose of this subsection
is to establish reasonable regulations for the location, construction
and maintenance of wireless telecommunication facilities in the Town
of New Castle.
[Added 4-8-1997 by L.L.
NO. 7-1997; amended 4-27-1999 by L.L. No. 6-1999; 3-27-2012 by L.L. No. 1-2012; 7-16-2019 by L.L. No. 10-2019]
(a)
By enacting this subsection, the Town intends to:
[1]
Accommodate the utility infrastructure necessary for the provision
of wireless telecommunications services within the Town in accordance
with the requirements of the Federal Telecommunications Act of 1996;
[2]
Encourage the siting of wireless telecommunications services
in nonresidential areas of the Town;
[3]
Encourage collocation of existing and proposed non-small wireless
facilities as the primary option rather than construction of additional
new facilities;
[4]
Minimize safety hazards and avoid potential damage to adjacent
properties through proper locational, engineering and operational
requirements;
[5]
Minimize adverse visual and aesthetic impacts of non-small wireless
facilities to the maximum extent practicable through careful design,
siting, landscaping, screening and innovative camouflaging techniques;
[6]
Protect the physical appearance of the Town and preserve its
scenic and natural beauty;
[7]
Further the objectives of the Comprehensive Plan;
[8]
Protect the public health, safety and welfare; and
[9]
Protect property values of the community.
(b)
Use. Except as provided hereinafter, no non-small wireless facility
shall be located, constructed or maintained on any lot, building,
structure or land area in the Town of New Castle, except in conformity
with the requirements of this chapter and all other applicable regulations.
(c)
Upon receipt of an application for a non-small wireless facility,
the Planning Board shall review said application and plans in accordance
with the standards and requirements set forth in this subsection.
However, notwithstanding anything to the contrary where appropriate,
the Planning Board shall have the authority to waive any requirements
set forth in this section relating to an application for, or approval
of, a special use permit for a non-small wireless facility, provided
that it would further the purposes of this subsection.
(d)
No application shall be accepted and no permit shall be issued
for a non-small wireless facility on a property where the Building
Inspector has found, or there exists a violation of the Town Code
and where such violation has not been corrected.
(e)
The Planning Board may attach such conditions and safeguards
to any permit as are, in its opinion, necessary to ensure initial
and continued conformance to all applicable standards and requirements.
(f)
Exemptions.
[1]
The provisions of this subsection shall not apply to small wireless facilities regulated by § 60-410O, or wireless telecommunications services facilities installed wholly within a building, such as but not limited to baby monitors, garage door openers and burglar alarm transmitters, and serving only that building.
[2]
Notwithstanding anything to the contrary in this section, any
application for a wireless telecommunications facility that does not
substantially change the dimensions of a wireless telecommunications
facility shall not require a special use permit. In the event that
a modification to, or replacement of, an existing wireless telecommunications
facility does not substantially change such existing wireless telecommunications
facility, all that shall be required is a building permit from the
Town Building Inspector.
(g)
Application procedure.
[1]
An application for approval of a non-small wireless facility
shall be submitted on the pertinent forms provided for that purpose
by the Town and shall be jointly filed by the operator of the non-small
wireless telecommunications services facility and the owner of the
property on which such facility is proposed to be located. The application
and documents accompanying the application shall also be submitted
in an electronic file format.
[2]
The applicant shall provide documentation to verify it has a
legal interest in the site where the non-small wireless facility is
to be located. Said documentation may be in the form of a deed, contract
for sale or lease of the property, depending on whether the applicant
is the property owner, contract-vendee or lessee.
[3]
The applicant shall submit a site development plan describing
any new proposed structure and antenna and all related fixtures, accessory
equipment, appurtenances and apparatus, including, but not limited
to height above preexisting grade, materials, color and lighting.
[4]
An application for a non-small wireless facility permit shall
be signed on behalf of the applicant by the person preparing the same
and with knowledge of the contents and representations made therein
and attesting to the truth and completeness of the information. The
landowner, if different than the applicant, shall also sign the application.
At the discretion of the Planning Board, any false or misleading statement
in the application may subject the applicant to denial of the application
without further consideration or opportunity for correction.
[5]
If proposing a new structure for the purpose of supporting a
non-small wireless facility, the application shall be accompanied
by a map which shows the applicant's existing and proposed area of
coverage. Such map shall locate all existing wireless telecommunications
facility sites, including small wireless facilities and non-small
wireless facilities, within 1/2 mile of the proposed non-small wireless
facility.
[6]
In addition to all other required information as stated in this
subsection, all applications for the construction or installation
of new non-small wireless facilities, or any substantial change to
an existing non-small wireless facility, shall contain the following
information:
[a]
A descriptive statement of the objective(s) for
the new facility or modification, including and expanding on a need
such as coverage and/or capacity requirements, densifying a wireless
network, introducing new services or improving service capabilities;
[b]
The postal address and Tax Map parcel number of
the property;
[c]
The location, size, and height of all existing
and proposed structures on the property which is the subject of the
application;
[d]
Documentation justifying the total height of any
proposed antenna and structure and the basis therefor;
[e]
The applicant's name, address, telephone number
and email address;
[f]
The name, address, phone number and email of the
property owner;
[g]
The names, addresses, telephone numbers, and email
addresses of all consultants, if any acting on behalf of the applicant
with respect to the filing of the application;
[h]
The size of the property, stated both in square
feet and lot line dimensions, and a survey prepared by a licensed
professional surveyor showing the location of all lot lines, if the
proposed non-small wireless facility is located outside the public
right-of-way;
[i]
The location of the nearest residential structure;
[j]
The type, locations and dimensions of all proposed
and existing landscaping and fencing, if the proposed non-small wireless
facility is located outside the public right-of-way.
[k]
The number, type and model of the antenna(s) proposed,
with a copy of the specification sheet;
[l]
Identify and disclose the number and locations
of any wireless telecommunication facility the applicant has installed
in the Town, or locations the applicant has considered in the past
year for wireless telecommunication facilities in the Town, including
small wireless facilities and non-small wireless facilities, and those
sites submitted or anticipated to be submitted within a one-year period;
[m]
A description of the anticipated maintenance needs,
including frequency of service, personnel needs and equipment needs,
and the potential traffic safety and noise impact of such maintenance;
[n]
A copy of the FCC license applicable for the intended
use of the non-small wireless facility; and
[o]
Information relating to the expected useful life
of the proposed non-small wireless facility.
[7]
The applicant shall furnish written certification that the non-small
wireless facility, structure, foundation, attachments and accessory
equipment are designed and will be constructed to meet all local,
county, state and federal structural requirements for loads, including
wind and ice loads. If the wireless facility is subsequently approved
and constructed, as-built certification indicating that the facility
has been constructed in accordance with all standards shall be furnished
to the Town prior to issuance of any certificate of occupancy.
[8]
A proposed non-small wireless facility shall contain a demonstration
that the facility will be sited so as to minimize visual intrusion
as much as possible given the facts and circumstances involved with
the proposed site and facility, will employ stealth technologies as
directed by the Planning Board, where appropriate, and will thereby
have the least-adverse visual effect on the environment, the character
of the community, surrounding properties and on the residences in
the area of the wireless telecommunications facility.
[9]
As a condition of special permit approval, the applicant shall
be required to provide a written agreement, in recordable form suitable
for filing and prepared to the satisfaction of Town Counsel, acknowledging
that it shall be required to allow the collocation of other future
wireless telecommunications service facilities on its own facility
unless otherwise unreasonably limited by technological, structural
or other engineering considerations.
[10]
Where collocation of a wireless telecommunications
services facility is proposed, the added wireless telecommunications
services facility shall be permitted as an amendment to the existing
site development plan or special use permit for the site containing
such facility by submission of an application for a building permit
and without the need for an application for amended site development
plan or special permit approval, provided that such facility meets
all of the otherwise applicable requirements of this chapter and no
physical modification other than the attachment of the antennas and
the installation of associated equipment to be located on the ground
is required. An amended written narrative and certification report
indicating conformance with all of the pertinent requirements of this
chapter shall be provided in addition to all required information
in support of the required building permit. An as-built drawing of
the modified facility shall be filed with the Town Building Department
as a condition of the continued validity of such building permit.
The Town Building Department shall provide written notification to
the Planning Board of the submission of the application for building
permit upon its receipt.
(h)
Non-small wireless facility fees.
[1]
Application fee. At the time an applicant submits an application
for a non-small wireless facility, such applicant shall pay a nonrefundable
application fee in an amount as determined by the Town Board and set
forth in the Town Fee Schedule, in addition to any other fees required
by law.
[2]
Reimbursement for use of the public right-of-way. In addition
to permit application fees, every non-small wireless facility located
in the public right-of-way is subject to the Town's right to fix annually
a fair and reasonable fee to be paid for use and occupancy of the
public right-of-way shall be set forth in the Town Fee Schedule.
(i)
Escrow review costs. In accordance with § 96-3, and to the extent permissible under federal law, for non-small wireless facility applications, the applicant shall be required to provide funds to an escrow account held by the Town to allow the Planning Board to retain such technical experts and other consultants as may be necessary to review the proposal, including, but not limited to, the review of financial and technical aspects of the proposal and of the financial, legal and technical practicability of alternatives which may be available to the applicant.
[Amended 5-12-2020 by L.L. No. 6-2020]
(j)
Time frames for approval.
[1]
Within 30 calendar days of receipt of any application for a
non-small wireless facility, the Town shall notify the applicant in
writing of any supplemental information required to complete the application.
Such notification shall toll the applicable shot clock until the applicant
submits the required supplemental information.
[2]
Within 90 calendar days of receipt of an application for a collocated
non-small wireless facility or 150 days of receipt of an application
for a new non-small wireless facility with accompanying support structure,
including such technical information from the applicant as may be
required by the Planning Board for a special use permit under the
provisions of this section, the Town shall make a final decision on
whether to approve the application and shall notify the applicant
in writing of such decision.
(k)
Location and access.
[1]
Subject to the Planning Board's review and evaluation of technological,
structural, safety and financial considerations associated with alternative
locations for the siting of non-small wireless facilities, the following
locational priorities shall apply in the order specified, consistent
with the Town's obligation to create the least amount of aesthetic
impact and preserve the scenic values of the Town.
[a]
Sites, buildings and structures located in business
and industrial districts containing any other type of existing communications
antenna previously approved by a duly authorized board of the Town.
[b]
Other lands in business and industrial districts.
[c]
Lands used for nonresidential purposes in a residence
district.
[d]
Other lands in a residence district.
[2]
To the extent reasonably practicable, wireless communications
services facilities shall not be located within 2,500 feet of any
historic district or any site with official designation as a local
landmark, or which is listed or designated as eligible for listing
on the State or the National Registers of Historic Places.
[3]
All new wireless communications services facilities and premises
shall be of proper size, location and design to accommodate collocation
of other service providers' facilities, unless otherwise permitted
by the Planning Board. Wherever possible, such facility shall be attached
to an existing building or structure. To the maximum extent practicable,
existing roadways shall be used to provide access to the site of a
non-small wireless telecommunications services facility.
[4]
If the proposed site is not the highest priority listed above,
then a detailed explanation must be provided as to why a site of a
higher priority was not selected. The person seeking such an exemption
must satisfactorily demonstrate the reason or reasons why a special
permit should be granted for the proposed site and the hardship that
would be incurred by the applicant if the permit were not granted
for the proposed site.
[5]
An applicant may not bypass a site of higher priority by stating
the site presented is the only site leased or selected.
[6]
Notwithstanding the above, the Planning Board may approve any
site located within the Town, provided that the Planning Board finds
that the proposed site meets the requirements set forth in this subsection,
is in the best interest of the safety, public welfare, character and
environment of the Town and will not have a deleterious effect on
the nature and character of the community and surrounding properties.
(l)
General and specific requirements for non-small wireless facilities.
[1]
The non-small wireless facility shall be designed, constructed,
operated, repaired, modified and removed in strict compliance with
all current applicable technical, safety and safety-related codes,
including, but not limited to, the American National Standards Institute
(ANSI) Code, National Electrical Safety Code, and National Electrical
Code.
[2]
The non-small wireless facility structure shall be designed
to withstand the effects of wind gusts and ice to the standard designed
by the American National Standards Institute as prepared by the engineering
departments of the Electronics Industry Association and Telecommunications
Industry Association (ANSI/EIA/TIA-222, as amended).
[3]
A non-small wireless facility shall at all times be kept and
maintained in good condition, order and repair by qualified maintenance
and construction personnel, so that the same shall not endanger the
life of any person or any property in the Town.
[4]
The non-small wireless facility shall not interfere with public
safety communications or the reception of broadband, television, radio
or other communications services enjoyed by occupants of nearby properties.
[5]
A non-small wireless facility shall not, by itself or in conjunction
with other wireless telecommunications facilities, generate radio
frequency emissions in excess of the standards and regulations of
the FCC. When a non-small wireless facility is complete, as-built
readings shall be taken and submitted to the Town.
[6]
The owner or operator of a non-small wireless facility shall
maintain standby power generations capable of powering the wireless
telecommunications facility for at least 24 hours without additional
public utility power, and indefinitely with a continuous or replenished
fuel supply. Such standby power shall activate automatically upon
the failure of public utility power to the site. Notwithstanding the
foregoing, the Planning Board may require standby power longer than
24 hours where circumstances indicate sufficient space exists to accommodate
longer period of backup power.
(m)
Setbacks. A non-small wireless telecommunications services facility
attached to a monopole or wireless structure outside the public right-of-way,
shall be set back from the property line of the lot on which it is
located a distance equal to not less than two times the otherwise
applicable minimum yard requirement for principal structures in the
district in which the subject lot is located, or the height of such
facility measured from the highest point of such facility to the finished
grade elevation of the ground on which it is situated, whichever is
greater. The Planning Board may reduce such setback requirements based
upon consideration of lot size, topographic conditions, adjoining
land uses, landscaping, other forms of screening and/or structural
characteristics of the non-small wireless telecommunications services
facility proposed to be installed. However, in no case shall the Planning
board reduce the setback required to less than the applicable setback
requirements for principal structures in the district which the property
is located.
(n)
Height limitations. Notwithstanding the following height limitations,
in no case shall a non-small wireless telecommunications services
facility exceed the minimum height reasonably necessary to accomplish
the purpose it is proposed to serve. Coverage requirements, safety,
visual impacts, and proximity to occupied buildings are all factors
that can be considered in determining the appropriate height.
[1]
The height of any antennas, or other associated equipment, structurally
mounted as part of a non-small wireless telecommunications services
facility shall not exceed by more than 10 feet above the highest point
of the existing structure on which such antennas or equipment are
affixed.
[2]
The height of any monopole or wireless structure utilized in
a non-small wireless telecommunications services facility shall not
exceed 150 feet in height measured from the highest point of such
facility to the finished grade elevation of the ground on which it
is situated.
(o)
Visual mitigation.
[1]
The applicant shall prepare a visual impact assessment of the
proposed non-small wireless telecommunications services facility based
upon appropriate modeling, photography and other pertinent analytical
techniques, taking into account worst case seasonal conditions.
[2]
Landscaping and/or other screening, including but not limited
to architectural treatment, stealth design, use of neutral or compatible
coloring and materials, or alternative technologies, shall be required
to minimize the visual impact of such facility from public thoroughfares,
important viewsheds and vantage points and surrounding properties
to the maximum extent practicable.
[3]
No signs, other than exempt signs, shall be erected on any non-small
wireless facility.
[4]
A non-small wireless facility shall be sited so as to have the
least adverse visual effect on the environment and its character,
on existing vegetation and on the residents in the area of the wireless
telecommunication services facility.
[5]
All equipment enclosures and storage buildings associated with
the wireless telecommunications services facility shall be consistent
or compatible with adjacent buildings in terms of design, materials
and colors and shall be appropriately landscaped.
(p)
Regulations applicable to non-small wireless facility in the
public right-of-way. In addition to the applicable special permit
provisions and requirements listed in this subsection, all non-small
wireless facilities located in the public right-of-way shall be required
to comply with the following regulations:
[1]
The non-small wireless facility in the public right-of-way shall
be collocated on an existing wireless telecommunications facility
whenever possible. If collocation is not technologically feasible,
the applicant shall locate its non-small wireless facility on existing
utility poles, monopoles or other structures that do not already act
as wireless telecommunications facility support structures.
[2]
All accessory equipment shall be the smallest and least-visibly-intrusive
equipment feasible.
[3]
Antennas and accessory equipment shall be treated to match the
supporting structure and may be required to be painted, or otherwise
coated, to be visually compatible with the support structure upon
which they are mounted.
[4]
Non-small wireless facilities, which include wireless telecommunications
support structures and accessory equipment in the public right-of-way,
shall be located so as not to cause any physical or visual obstruction
to pedestrian or vehicular traffic, or to otherwise create safety
hazards to pedestrians and/or motorists, or to otherwise inconvenience
public use of the right-of-way as determined by the Town. In addition:
[a]
In no case shall ground-mounted accessory equipment,
walls, or landscaping be located within 18 inches of the face of the
curb, within four feet of the edge of the cartway, or within an easement
extending onto a privately owned lot.
[b]
To the extent feasible, accessory equipment shall
be placed underground. Ground-mounted accessory equipment that cannot
be placed underground shall be screened from surrounding views, to
the fullest extent possible, through the use of landscaping or other
decorative features to the satisfaction of the Town. Ground-mounted
accessory equipment shall be screened, when possible, by utilizing
existing structures. If screening by utilizing existing structures
is not possible, ground-mounted accessory equipment shall be made
architecturally and aesthetically compatible with the surrounding
area through the use of coatings, landscaping, and/or screening walls,
enclosures or other stealth technology to the satisfaction of the
Town.
[c]
Required electrical meter cabinets shall be screened
to blend in with the surrounding area to the satisfaction of the Town.
[d]
Any graffiti on any non-small wireless facility
support structure, base station or any accessory equipment shall be
removed within 30 days upon notification by the Town, at the sole
expense of the owner.
[e]
Any proposed underground vault related to non-small
wireless facility shall be reviewed and approved by the Town.
[f]
Accessory equipment attached to a non-small wireless
facility support structure shall have such vertical clearance as the
Planning Board may determine.
(q)
Materials. A non-small wireless facility shall be of galvanized
finish or painted black or another neutral or compatible color determined
to be appropriate for the proposed location of such facility in the
reasonable judgment of the Planning Board. The mountings of wireless
telecommunications antennas shall be nonreflective and of the appropriate
color to blend with their background.
(r)
Lighting. A non-small wireless facility shall not be artificially
lighted unless otherwise required by the Federal Aviation Administration
(FAA) or other federal, state or local authority.
(s)
Noise. Noise-producing equipment shall be sited and/or insulated
to prevent any detectable increase in noise above ambient levels as
measured at the property line of the site containing a non-small wireless
facility.
(t)
Operational characteristics. Unless otherwise superseded by the Federal Communications Commission (FCC), the design and use of the proposed non-small wireless facility, including its cumulative impact with other existing and approved facilities, shall be certified to conform with the maximum NIER exposure standards promulgated by the FCC, as amended. Said certification shall include a report prepared by a licensed professional electrical engineer with expertise in radio communications facilities and/or a health physicist acceptable to the Planning Board. A copy of such certification report shall be submitted to the Planning Board prior to commencing operation of such facility, and a copy shall be filed with the Town Building Department. Except as otherwise provided by law, the Planning Board may require annual certification of conformance with the applicable emissions standards. Additionally, copies of certification reports shall be submitted to the Planning Board whenever they are required to be submitted to the FCC. The Planning Board may hire a qualified professional of its choosing to review and confirm such initial and annual subsequent certification report(s), the cost of which shall be reimbursed by the applicant in accordance with the professional review fee reimbursement procedures set forth in Chapter 96, Professional Review Fees, of this Code. Any violation of the emissions standards shall require immediate discontinuation and correction of the use responsible for the violation. Any such violation of these requirements of the Zoning Law or the conditions of special permit or site development plan approval shall be deemed to be an offense punishable by fine and/or imprisonment in accordance with § 60-530 of this chapter.
[Amended 5-12-2020 by L.L. No. 6-2020]
(u)
Security provisions. A security program shall be formulated
and implemented for the site of a non-small wireless facility. Such
program may include physical features such as fencing, anticlimbing
devices or elevating ladders on monopoles or wireless structures and/or
monitoring either by staff or electronic devices to prevent unauthorized
access and vandalism.
[1]
All antennas and supporting structures, including guy anchor
points and wires and accessory equipment, shall be made inaccessible
to individuals and constructed or shield in such a manner that they
cannot be climbed or collided with, and
[2]
Transmitters and telecommunications control points shall be
installed in such a manner that they are readily accessible only to
persons authorized to operate or service them.
(v)
Lease agreement. In the case of an application for approval
of a wireless communications services facility to be located on lands
owned by a party other than the applicant or the Town, a copy of the
lease agreement with the property owner absent the financial terms
of such agreement, together with any subsequent modifications thereof,
shall be provided to the Planning Board, and copies shall be filed
with the Town Clerk and the Town Building Department.
(w)
Proof of insurance. The applicant and the owner of the property
where the non-small wireless facility is to be located, if different,
shall provide the Planning Board with proof of insurance in a sufficient
dollar amount in the reasonable, judgment of the Planning Board to
cover potential personal and property damage associated with construction
and operation of such facility.
(x)
Post-installation inspection and report. A field report identifying the non-small wireless facility coverage area, maximum capacity, committed capacity and unused capacity, if any, and the identity of any collocated users of such facility shall be submitted to the Planning Board prior to commencing operation of such facility, and a copy shall be filed with the Town Building Department. The Planning Board may hire a qualified professional of its choosing to review and confirm such field report, the cost of which shall be reimbursed by the applicant in accordance with the professional review fee reimbursement procedures set forth in Chapter 96, Professional Review Fees.
[Amended 5-12-2020 by L.L. No. 6-2020]
(y)
Annual inspection and report. A monopole or wireless structure over 100 feet in height shall be inspected by a licensed professional engineer retained by the applicant on an annual basis, and at any other time upon a determination by the Town Building Department that the monopole or wireless structure may have sustained structural damage. A copy of the inspection report shall be submitted to the Planning Board, and a copy shall be filed with the Town Building Department. The Planning Board may hire a qualified professional of its choosing to review and certify such inspection report, the cost of which shall be reimbursed by the applicant in accordance with the professional review fee reimbursement procedures set forth in Chapter 96, Professional Review Fees.
[Amended 5-12-2020 by L.L. No. 6-2020]
(z)
Revocation of non-small wireless facility permit.
[1]
If any non-small wireless facility is constructed, repaired,
rebuilt, placed, moved, relocated, modified or maintained in a way
that is inconsistent or not in compliance with the provisions of this
subsection or of the non-small wireless facility permit conditions
and requirements, or it is determined conclusively that the applicant
made materially false or misleading statements during the applicant
process, then the Planning Board or the Building Inspector, or their
designee, shall notify the holder of the non-small wireless facility
permit in writing of such violation. Such notice shall specify the
nature of the violation or noncompliance, and the violations must
be corrected within seven days of the date of the postmark of the
notice, or of the date of personal service of the notice, whichever
is earlier. Notwithstanding anything to the contrary in this subsection
or any other provision of this subsection, if the violation or noncompliance
causes, creates or presents an imminent danger or threat to the health
or safety of lives or property, the Planning Board or Building Inspector
may, at their sole discretion, order the violation remedied within
24 hours.
[2]
If the non-small wireless facility is not brought into compliance
with the provisions of this subsection, or of the permit, or substantial
steps are not taken in order to bring the affected non-small wireless
facility into compliance, then the Planning Board or the Building
Inspector may revoke such non-small wireless facility permit and require
removal of such non-small wireless facility.
(aa)
Removal.
[1]
Under the following circumstances, the Town may
determine that the safety, public welfare, character and environment
of the Town warrant and require the removal of non-small wireless
facilities, under the following circumstances:
[a]
The non-small wireless facility has been abandoned
(i.e., not used as wireless telecommunications facilities) for a period
exceeding 90 consecutive days or a total of 180 days in any 365-day
period, except for periods caused by force majeure or acts of God,
in which case repair or removal shall commence within 90 days;
[b]
A permitted non-small wireless facility falls into
such a state of disrepair that it creates a safety hazard;
[c]
The non-small wireless facility has been located,
constructed, or modified without first obtaining, or in a manner not
authorized by, the required special use permit, or any other necessary
authorization; or
[d]
Any non-small wireless facility is determined to
be in violation of this subsection and fails to cure such violation
within the time set forth herein.
[2]
If the Planning Board makes a determination pursuant to § 60-430O(14)(aa)[1], then it shall notify the holder of the non-small wireless facility permit and the owner of the property in writing that said non-small wireless facility is to be removed.
[3]
The holder of the non-small wireless facility permit
or the owner of the property shall be required to dismantle and remove
such non-small wireless facilities, and all accessory equipment and
associated structures, from the site and return the site to its original
condition and certify through soils or other testing that no contamination
has been created by the facility, such restoration being completed,
limited only by physical or commercial impracticability, within 90
days of receipt of written notice from the Town to remove such non-small
wireless facilities. However, if the owner of the property upon which
the non-small wireless facility is located wishes to retain any access
roadway to the non-small wireless facilities, the owner may do so
with the approval of the Town.
[4]
If the non-small wireless facility is not removed
or substantial progress has not been made to remove the non-small
wireless facility within 90 days after the small facility permit holder
has received such written notice of removal, then the Planning Board
may order officials or representatives of the Town to remove the non-small
wireless facility at the sole expense of the property owner and/or
non-small wireless facility permit holder.
[5]
If the Town removes or causes to be removed the
non-small wireless facility, and the owner of the wireless telecommunications
facility does not claim and remove them to a lawful location within
10 days, then the Town may take steps to declare the non-small wireless
facility abandoned and dispose of or sell them and their components
and retain the proceeds therefrom. The Town may also cause the costs
associated with the removal and disposal of the non-small wireless
facility to be assessed on the property in the same manner as a tax
or assessment.
(bb)
Performance security. The applicant and the owner of record
of any proposed wireless telecommunication services facility, at their
cost and expense, shall be jointly required to execute and file with
the Town a bond, or other form of security acceptable to the Town
as to type of security and the form and manner of execution, in an
amount to be determined by the Town Engineer, based on actual estimates
supplied by the applicant, ensuring removal of the facility upon expiration
or termination of the special use permit or cessation of facility;
and with such sureties as are deemed sufficient by the Planning Board
to assure the faithful performance of the terms and conditions of
this section and conditions of any special use permit issued pursuant
to this subsection. The full amount of the bond or security shall
remain in full force and effect throughout the term of the special
use permit and/or until any necessary site restoration is completed
to restore the site to a condition comparable to that which existed
prior to the issuance of the special use permit. Upon written application
by the applicant, the Town may, at its sole option, permit the amount
of the bond to be reduced or waive the bond requirement.
(15)
Workforce housing.
[Added 6-22-2010 by L.L. No. 5-2010; amended 7-23-2013 by L.L. No.
8-2013]
(a)
Application documents. In addition to any information required pursuant to § 60-430B of this chapter, all applications for special permit approval submitted pursuant to this section shall be accompanied by a plan for management and maintenance of the proposed dwelling units. The applicant shall establish to the satisfaction of the Town Board that it has sufficient financial and other resources and experience to sponsor and operate such dwelling units properly.
(b)
Location; Lot, bulk and dimensional requirements.
[1]
The special use provided for by this section shall be permitted
only in principal buildings that are located in the B-R or the B-RP
Districts on lots within 1,500 feet of the Chappaqua railroad station
building or in principal buildings that are located in the I-G District
on lots within 500 feet of the Chappaqua railroad station building.
These distances shall be measured along a straight line connecting
the closest point of the Chappaqua railroad station building to the
closest point of the property line of the site on which such use is
proposed to be established.
[2]
No dwelling unit proposed to be established pursuant to this
section shall be located closer than 1/10 mile to any five other dwelling
units established and operated pursuant to this section on another
site or sites. This distance shall be measured along a straight line
connecting the two closest points of the property lines of the site
for which the dwelling unit is to be provided and the other site or
each of the other sites.
[3]
Dwelling units provided under this section may be established
alone or in combination with other permitted principal uses, provided
that 100% of the dwelling units provided qualify as workforce housing.
[4]
Subject to the special standards set forth below, the lot, bulk
and dimensional requirements applicable to workforce housing shall
be the requirements of the B-R District contained in the Schedule
of Regulations for Business and Industrial Districts, Lot and Bulk
Regulations — Part 4, regardless of the district in which the
lot is located.
(c)
Dwelling units.
[1]
Dwelling unit type. Individual dwelling units may be of the
efficiency, studio, one-bedroom or two-bedroom type, but shall not
contain more than two bedrooms. The Town Board, in consultation with
the Town Building Department, shall have the authority to determine
which rooms may function as bedrooms for the purpose of determining
compliance with this requirement and may include any room other than
bathrooms, kitchens, entranceways, foyers and closets under the definition
of a bedroom. This determination shall be based upon consideration
of the floor plans proposed by the applicant and such other information
as the Town Board may determine appropriate. The mix of dwelling unit
types established pursuant to this section in any particular workforce
housing development shall be satisfactory to the Town Board.
[2]
The foregoing notwithstanding, the Town Board may authorize
the establishment of three-bedroom dwelling units if there is a demonstrated
need for larger dwelling units, if the site on which such dwelling
units are proposed can support the increased population density that
is anticipated to result, and if the potential impacts associated
with a larger site population can be satisfactorily accommodated.
[3]
The floor area for an individual dwelling unit shall be at least
300 square feet, but in no case shall it exceed 1,200 square feet.
[4]
All dwelling units shall comply with all applicable provisions
of the New York State Building Codes and all other applicable laws.
(d)
Density.
[1]
The site proposed for the establishment of dwelling units authorized
by this section shall contain at least the minimum amount of lot area
specified below for each type of dwelling unit:
|
Dwelling Unit Type
|
Minimum Gross Lot Area Required Per Dwelling Unit
(square feet)
| |
|---|---|---|
|
Efficiency (studio) apartment
|
250
| |
|
One-bedroom apartment
|
375
| |
|
Two-bedroom apartment
|
500
| |
|
Three-bedroom apartment
|
625
|
[2]
For the purpose of calculating the permitted density as described above, the determination of dwelling unit type shall be based upon the provisions of § 60-430O(15)(c)[1] of this chapter.
(e)
Occupancy. The number of occupants residing in a dwelling unit established pursuant to this section shall be the greater of: (i) one occupant per efficiency apartment approved pursuant to § 60-430O(15)(c) herein; (ii) one occupant per 90 square feet of bedroom space approved pursuant to § 60-430O(15)(c) herein or, in either case; (iii) if the project is financed by a public agency, the minimum number of occupants permitted for the dwelling unit by the agency providing the financing for such dwelling units.
(f)
Off-street parking.
[1]
Off-street motor vehicle parking.
[a]
Off-street parking spaces for motor vehicles shall be provided in accordance with the standards and requirements of § 60-420F of this chapter for multifamily dwellings in business districts.
[b]
No more than one of the minimum required motor
vehicle parking spaces for each dwelling unit may be designed or reserved
exclusively for the use of the occupants of that unit.
[c]
At least 20% of the minimum number of required
motor vehicle parking spaces shall be designed and reserved for the
use of visitors and guests.
[d]
The foregoing notwithstanding, the Town Board may
reduce any or all of the requirements set forth in § 60-430O(15)(f)[1][a]
and/or [c] above if, in its discretion, such Board finds that a lesser
number of motor vehicle parking spaces is appropriate based upon consideration
of the location of municipal parking facilities, the existence of
arrangements made by the applicant for the leasing of private motor
vehicle parking spaces on another site within walking distance of
the proposed dwelling units, the anticipated use of bicycling and/or
availability of other modes of transportation, or such other considerations
as the Town Board may deem relevant to the evaluation of motor vehicle
parking demand associated with the dwelling units established pursuant
to this section.
[2]
Off-street bicycle parking.
[a]
Off-street bicycle parking facilities shall be
provided for any dwelling unit established pursuant to this section
in any new building or as part of an addition to or enlargement of
an existing building that results in the need for additional off-street
motor vehicle parking facilities.
[b]
A minimum of one bicycle parking space shall be
provided for each five dwelling units, except that in no event shall
fewer than two bicycle parking spaces be provided for any workforce
housing development established pursuant to this section.
[c]
Off-street parking facilities for bicycles shall
be designed to provide for appropriately sized and secure storage
of bicycles, and shall be conveniently located in relation to building
entrances and so as to avoid conflicts with vehicular and pedestrian
circulation features.
[d]
The foregoing notwithstanding, the Town Board may
reduce any or all of the requirements set forth in § 60-430O(15)(f)[2][a]
and [b] above if, in its discretion, such Board finds that a lesser
number of bicycle parking spaces is appropriate based upon consideration
of the site location, the location of municipal bicycle parking facilities,
the network of available bicycle paths, or such other considerations
as the Town Board may deem relevant to the evaluation of bicycle parking
demand associated with the dwelling units established pursuant to
this section.
(g)
Water and sewer service. Any dwelling unit established pursuant
to this section shall be served by public water supply and public
sewer service systems. Prior to the issuance of a building permit
for any such dwelling unit, approval of the proposed method of water
supply and sewage disposal shall be obtained from the Westchester
County Department of Health and shall be further subject to approval
by the Town Engineer, acting in consultation with the Commissioner
of the Town of New Castle Department of Public Works.
(h)
Other utility services. If a connection to cable television
service is not proposed to serve the building containing dwelling
units established pursuant to this section, a central exterior radio/television
antenna system or earth station shall be provided in accordance with
plans approved by the Town Board. Exterior antennas for individual
apartments shall not otherwise be permitted. Provision shall be made
for connecting all proposed communication utility services to the
building at a single location. The proposed location of the common
utility area shall be depicted on the site plan approved by the Town
Board.
(i)
Refuse storage and collection. Plans for the storage and collection
of refuse within any building containing apartments shall be subject
to Town Board approval, acting in consultation with the Commissioner
of the Town of New Castle Department of Public Works. The outside
storage of refuse, if permitted, shall be in rodentproof containers
conveniently located and enclosed or otherwise screened from view.
(j)
Apartment access. In a building containing nonresidential uses,
the portion of the building that is used for residential purposes
shall have an entrance that does not require access through the portion
of the building that is used for nonresidential purposes.
(k)
Management and finance. For all dwelling units established pursuant
to this section, the applicant shall demonstrate to the satisfaction
of the Town Board that there will be adequate management and maintenance.
To facilitate the Town Board's evaluation of these considerations,
the applicant shall be required to submit a management plan showing
how the dwelling units will be maintained, how income eligibility
will be monitored, and how the limitations on dwelling unit resale
prices and/or rental costs will be calculated over time.
(l)
Compliance with law. The applicant shall demonstrate to the
satisfaction of the Town Board that the applicant has complied with
or is in the process of complying with all applicable federal, state
and municipal laws, rules and regulations. The applicant shall also
demonstrate to the satisfaction of the Town Board that the dwelling
units established pursuant to this section shall be in compliance
with all such laws, rules and regulations. The continued validity
of the special permit for such dwelling units shall be dependent upon
demonstration by the applicant to the satisfaction of the Town Board
that such proposed dwelling units are in compliance with all such
laws, rules and regulations during the time of their occupancy.
(m)
Duration of special permit. Special permits granted pursuant
to this section shall be valid for a minimum of 25 consecutive years,
or such longer period as may correspond to the duration of the applicant's
commitment to maintain an income restriction for occupancy in such
dwelling units, from the date on which the resolution granting the
permit is filed in the Town Clerk's office, and such permits shall
be automatically renewable upon the demonstration to the Town Board
by the applicant or its successors and/or assigns that the dwelling
units established pursuant to this section have been operated in compliance
with all requirements of the special permit and of this section and
are not at the time of such renewal in violation of any applicable
federal, state or municipal law, rule or regulation. Each renewal
shall be valid for a period of at least 25 consecutive years, or such
longer period as may correspond to the duration of the commitment
to maintain an income restriction for occupancy in such dwelling units,
commencing with the date of filing of the resolution granting such
extension in the office of the Town Clerk.
(n)
Deed restriction(s). As a condition of the approval of the original
special permit, the applicant shall be required to submit in form
satisfactory to Town Counsel:
[1]
Declaration(s) in recordable form to ensure that:
[a]
The provisions of § 60-430O(15) of this chapter concerning income limits for occupancy in a workforce housing dwelling unit and the total percentage of workforce housing dwelling units whose occupancy is so restricted shall remain in effect for the duration of the term of the special permit; and
[b]
Such other conditions as the Town Board may deem
appropriate shall remain in effect for the duration of the term of
the special permit; and
[2]
A sample form of the proposed lease, deed, and/or certificate
to be used to convey any interest in any unit with legend(s) thereon
setting forth any restriction on transfer under any such declaration(s).
(o)
Other requirements. In addition to the special standards described above, dwelling units established pursuant to this section shall comply with all other requirements of this chapter and any other special requirements deemed appropriate to the Town Board in accordance with § 60-430, unless the Town Board waives any standard or requirement pursuant to § 60-430O(15)(q) below.
(p)
Waiver of fees. The Town Board, in its discretion, may waive
the payment in whole or in part of any fee otherwise due under this
chapter upon finding that such waiver may further eligibility of entitlement
to federal, state or county governmental grants in connection with,
or to otherwise facilitate, a proposed residential development of
property meeting the needs of Town or school district employees, Town
volunteer service workers, senior citizens or others for lower-cost
housing. Such waiver shall also be based upon consideration of the
intended duration of the income restriction for occupancy in such
dwelling units. Where such fees have been paid at the time of submission
of an application for special permit approval, the Town Board may
authorize a refund of such fees.
(q)
Modification of requirements. Consistent with New York Town
Law § 274-b(5), the Town Board may waive or modify application
of any provision of this section if it finds in the circumstances
of the particular case that: (i) application of that provision is
not requisite in the interest of the public health, safety or general
welfare or would be inappropriate; and (ii) application of that provision
would obstruct furtherance of the workforce housing that is proposed.
In modifying any of the provisions of this section, the Town Board
will take into consideration the degree to which compliance with such
standards and/or requirements would result in hardship to the applicant,
the specific nature of the use, the characteristics of the site upon
which it will be located, the relationship of the site to neighboring
properties and uses, and such other factors as the Town Board may
determine appropriate. In permitting any such modification, the Town
Board shall attach such conditions as are, in its judgment, necessary
to secure substantial compliance with the objective of the provision
so modified.
(16)
Massage establishments. No massage establishment may open, operate
or exist in the Town without first obtaining a special use permit
from the Zoning Board of Appeals following a public hearing. A property
owner or landlord shall not permit a tenant or subtenant to open or
operate a massage establishment within the Town unless a special permit
has been obtained for the demised premises.
[Added 6-9-2015 by L.L.
No. 5-2015]
(a)
Purpose and intent. The Town of New Castle finds it necessary
to protect the public: i) from unlicensed establishments that perform
massages on unsuspecting persons; ii) from establishments operating
under the guise of being a massage establishment, as defined herein,
when actually engaging in illegal activities and subjecting the public
to exposure to unclean, unhealthy and possibly contaminated conditions;
and iii) from sex trafficking in persons and commercial sexual exploitation.
These illegal activities have a deleterious effect on the public health,
safety and welfare of the Town, its residents and the public at large.
It is the intent of the Town to regulate the premises from which massage
establishments are operated to promote and protect public health,
safety and welfare.
(b)
MASSAGE ESTABLISHMENT
MASSAGE/MASSAGE SERVICES
MASSAGE PRACTITIONER
TOWN
Definitions. As used in this subsection, the following terms
shall have the respective meanings ascribed to them:
A place of business where the principal use involves one or more individuals offering to patrons the practice of massage services for remuneration, except for those establishments that are exempt from the requirements of this chapter pursuant to § 60-430O(16)(f).
Any method of pressure on, or friction against, or stroking,
kneading, rubbing, tapping, pounding, vibrating, or stimulating of
the body, flesh or musculature with the hands or with the aid of any
mechanical electrical apparatus or appliance, with or without such
supplementary aids such as rubbing alcohol, liniments, antiseptics,
oils, powder, lotions, ointments, or other similar preparations, for
therapeutic, rehabilitative or relaxation purposes within a massage
establishment.
Any individual who offers to engage in the practice of massage services, except for those individuals who are exempt from the requirements of this chapter pursuant to § 60-430O(16)(f).
The Town of New Castle.
(c)
Application documents. In addition to the information required by § 60-430B, all applications for a special permit pursuant to this subsection shall include the following:
[1]
Name, address, date of birth and social security number of the
individual applicant(s). If the applicant is an entity, then the name,
address, date of birth and social security number of each shareholder,
member or partner (as applicable) having a 10% or greater ownership
interest in such entity shall be provided.
[2]
For each individual who will provide massage services, a copy
of his/her current registration certificate issued by the New York
State Education Department listing the individual's name, address
and dates of the registration period.
[3]
State the name of the massage establishment under which the
applicant will operate and the address from which the business intends
to offer massage services.
[4]
Describe the nature of the massage services to be provided.
[5]
State the maximum number of private rooms to be utilized by
massage practitioners, and the number of entrances and exits to the
massage establishment.
[6]
State whether any part of the premises to be used as the massage
establishment will be used for any purpose other than the providing
of massage services.
[7]
The owner of the building from which the proposed massage establishment
will operate shall be a co-applicant on the special permit application
and any renewals thereof.
[8]
Affix to the application two copies of a scale drawing showing
the dimensions of all rooms to be used for massage services and the
locations therein of all massage tables.
(d)
Additional referrals. In addition to the referrals required pursuant to § 60-430B, all applications for a special permit under this section also shall be referred to the Chief of Police and the Building Inspector to ensure compliance with the requirements of this chapter and all laws and regulations of the State of New York and the Town of New Castle. Within 45 days of the date(s) such referral is received by the Chief of Police and Building Inspector, each of them shall render a written report with their respective recommendations as to whether or not such application should be granted.
(e)
Operational requirements. The following operational requirements
apply to all massage establishments:
[1]
The allowable hours of operation are between 7:00 a.m. to 9:00
p.m., unless otherwise determined by the Zoning Board of Appeals where
good cause is shown by the applicant.
[2]
There shall be no outdoor activity associated with the massage
establishment.
[3]
Price rates for all services shall be prominently posted or
provided in brochures in the reception area or a location available
to all prospective customers.
[4]
The genital area of patrons and breast area of female patrons
must be covered by sheets, cloths or undergarments when in the presence
of a massage practitioner or other employee of a massage establishment.
[5]
Laundry and/or table covers shall be changed after each massage
and/or client. Laundry shall be cleaned on a daily basis during the
days the establishment is in operation.
[6]
All rooms, tables and equipment used in connection with massage
services shall be sanitized daily.
[7]
All massage practitioners shall sanitize their hands prior to
and after performing a massage.
[8]
No massage establishment shall have an entrance or exit providing
direct passageway to any other type of business, residence or dwelling.
[9]
No massage services may be performed in a room, area or cubicle
which is fitted with a door capable of being locked.
[10]
There shall be no obstruction of the passage of
light through any windows of a massage establishment by means of,
including but not limited to, affixing plywood, paper, or taping other
opaque materials over the windows. This restriction does not apply
to permitted signage or to the standard use of curtains or blinds.
[11]
No massage services shall be provided to individuals
under the age of 18 unless the parent or guardian of said minor is
physically present when such services are provided or such parent
or guardian has provided written, notarized authorization for such
services.
[12]
All massage establishments and massage practitioners
shall possess and maintain valid licenses and certificates as required
by all applicable state and local governmental authorities for the
provision of massage services, including those required pursuant to
Article 155 of the New York State Education Law § 7800 et
seq.
[13]
All massage establishments shall display in a
prominent location within the premises a copy of a current New York
State registration certificate for each individual offering massage
services at said establishment. Upon request by a representative of
the Town, the original of such documents shall be produced for inspection.
[14]
The property owner, landlord or special permit
holder shall provide Town representatives with access to the premises
for inspection.
[15]
Alcoholic beverages shall not be sold or consumed
on any premises where massage services are provided.
[16]
All massage establishments shall comply with any
other special requirements deemed appropriate by the Board of Appeals
in furtherance of the purpose and intent of this subsection.
(f)
Exemptions. All individuals and/or entities that are exempt
from the provisions of Article 155 of the New York State Education
Law shall also be exempt from the requirements of this subsection.
(g)
Duration and renewal of special permits. Special permits issued pursuant to this subsection shall be effective for a period of three years from the date of filing with the Secretary of the Board of Appeals. Each application for a renewal of a special permit issued pursuant to this subsection shall include all of the information required under § 60-430O(16)(c)[1] through [7] and identify any material changes relating to the operation or ownership of the massage establishment and/or its massage practitioners relative to any prior application(s).
(h)
Existing massage establishments. The provisions of Chapter 60 of the Town Code concerning nonconforming uses in existence at the time of the adoption of this subsection shall not apply to massage establishments, and all massage establishments covered under this subsection and in existence at the time it is enacted shall be required to apply for the special permit required under this subsection within six months of the date of enactment hereof.
(17)
Large-scale solar collection system or solar farm. The special standards set forth at § 60-410L(4) of this chapter, as may be amended from time to time, shall apply to any large-scale solar collection system or solar farm, as defined by this chapter.
[Added 6-21-2017 by L.L.
No. 5-2017]
(18)
Keeping and raising of chickens. Subject to the review and approval
of the Zoning Board of Appeals, the keeping and raising of a maximum
of six chickens shall be permitted on lots of at least 1/2 acre as
a specially permitted accessory use.
[Added 11-21-2017 by L.L.
No. 9-2017]
(a)
Purpose and intent. The purpose of this subsection is to provide
standards and regulations for keeping chickens within a residential
environment on lots of at least 1/2 acre, but less than one acre;
to avoid potential impacts on neighboring properties and to provide
for the health and welfare of chickens. The keeping of chickens is
for personal use only. No selling of animals or eggs is permitted.
(b)
Application for special permit.
[1]
Form. All applicants for special permit approval pursuant to this section shall submit a completed application on such form(s) as provided by the Zoning Board Secretary. The application requirements set forth in § 60-430A through M of this chapter shall not be applicable. The applicant shall certify that the facts contained in the application form are true and accurate.
[2]
Fee. The applicant shall pay such fee as prescribed in the Master
Fee Schedule.
[3]
Location maps. In lieu of a property survey, the applicant may
submit a location map, with accurate scale, showing the applicant's
entire property, adjacent properties and streets, and the site of
the proposed coop and chicken enclosure. A copy of the pertinent portion
of the Town's tax maps may be used for this purpose, provided that
the applicant's property is clearly identified. The Board of Appeals
may, in its discretion, require a survey to confirm that all applicable
setbacks have been met.
(c)
Review of applications.
[1]
Public hearing. Applications made pursuant to this section shall
be subject to a public hearing before the Board of Appeals. At least
10 days before such hearing, the applicant shall mail, by certified
mail, notice of the hearing to all abutting property owners and to
all owners of the property situated directly across a street from
the property affected by such appeal. Proof of such mailing shall
be submitted to the Board by the applicant prior to the hearing. The
applicant shall be responsible for the cost of publication and mailing
of such notice. Further, the applicant shall post a sign, which should
be located so that it is visible from the nearest public street, on
the property referenced in such application at least 10 days but not
more than 20 days prior to the Board of Appeals scheduled hearing
on the matter. Such signs shall be issued by the Secretary of the
Board of Appeals upon receipt of a security deposit, in an amount
to be set forth by resolution by the Town Board, which security deposit
shall be retained by the Town in the event that the applicant fails
to return the sign within 10 days after the close of the public hearing.
[2]
Standard of review. The Board of Appeals shall grant applications
made pursuant to this section provided that the applicant has demonstrated
to the Board's satisfaction that the proposed accessory use will not
cause a detriment to abutting properties and the owners of abutting
properties have not raised a substantial and reasonable objection
to the proposed accessory use warranting the denial of same.
[3]
Screening. To mitigate any potential visual impact on neighboring
properties or streets, the Board of Appeals may require the use of
evergreen landscaping, fencing or other such techniques which encourage
harmony with and the protection of the character of existing residences
and properties.
[4]
Setbacks. Coops and chicken enclosures shall not be located
in any front yard. Coops and enclosure must be located a minimum of
80 feet from any residence situated on an adjacent lot and outside
the minimum setback of the R-1/2A District.
[5]
Other requirements. In addition to the requirements specified
above, the Board of Appeals may institute such conditions as said
Board may determine necessary to assure that the purpose and intent
of this section, as well as of this chapter as a whole, are met and
that the public health and general welfare of the Town's residents
are properly protected.
(d)
District regulations. All special use permits granted under this section shall be subject to all applicable regulations and requirements set forth in § 60-410M for the keeping and raising of chickens.
(e)
Duration. Special use permits granted pursuant to this section
shall be valid for two years commencing on the date the resolution
granting the permit is filed in the Town Clerk's office. Such permits
shall be renewable upon the demonstration by the applicant to the
Building Department that the use has been conducted in compliance
with all requirements of its permit and of this section and is not
at the time of such renewal in violation of any applicable rule or
regulation. If the specially permitted accessory use ceases for any
reason for a continuous period of more than one year, the permit issued
hereunder shall be automatically revoked.
(19)
North Greeley Net Zero Carbon (NG-Zero). NG-Zero development shall be permitted only upon the issuance of a special permit by the Town Board and shall be subject to the specific requirements set forth herein in addition to the general procedures, conditions, and standards applicable to special permit uses as set forth in § 60-430 of this chapter.
[Added 10-24-2023 by L.L.
No. 6-2023]
(a)
Purpose and intent. The NG-Zero special permit is intended to encourage and facilitate the redevelopment of a large, vacant property on North Greeley Avenue in the Chappaqua Hamlet as a mixed-used, multifamily residential building that will exceed the currently applicable Green Building Code requirements in Chapter 74 of the New Castle Town Code, serve as a model for sustainable, environmentally responsible development not just in New Castle but statewide, and promote the following goals set forth in the Town Comprehensive Plan: help promote a vibrant and walkable downtown; help promote diversity and affordability of housing types; require environmentally friendly forms of residential development; promote carbon-neutral construction practices; promote resource conservation; promote reduction of construction waste; promote reduction in energy use; and promote access to public transportation, bicycle and pedestrian infrastructure.
(b)
Special development standards.
[1]
Site requirements.
[a]
Location. NG-Zero development shall be permitted
on any lot that is situated on the westerly side of North Greeley
Avenue in the Retail Business and Parking (B-RP) Zoning District and
shall not include any corner lot or lot also having frontage on lower
King Street (Allen Place).
[b]
Site size. The minimum required lot area for a
NG-Zero shall be 33,000 square feet.
[c]
Variances. Relief from the site requirements of
this subsection may be granted only upon application to and after
hearing by the Zoning Board of Appeals upon a showing of unnecessary
hardship as required in connection with the granting of a use variance.
[2]
Dwelling units.
[a]
Dwelling unit type. Individual dwelling units may
be of the efficiency, studio, one-bedroom or two-bedroom type, but
shall not contain more than two bedrooms. The Town Building Inspector
shall have the authority to determine which rooms may function as
bedrooms for the purpose of determining compliance with this requirement
and may include any room other than bathrooms, kitchens, entranceways,
foyers and closets.
[b]
The gross floor area for an individual dwelling
unit, excluding exterior space, shall be at least 500 square feet,
but in no case shall it exceed 2,000 square feet.
[3]
Affordable housing. A multifamily development, including a mixed-use development, shall be required to provide AFFH units pursuant to §§ 60-220 and 60-410H(6)(k) of this chapter, except that in developments of 10 or more units no less than 12% of the total number of units must be created as AFFH units. Alternatively, the applicant may provide no less than 10% of the total number of units as AFFH units if at least 2% of the total number of units (minimum of one are workforce unit(s), as defined at § 60-210. In calculating the number of required AFFH units and workforce units, partial units shall be rounded up to the next largest integer in all cases. No less than 20% of the total dwelling units in an NG-Zero building shall be comprised of AFFH and workforce units.
[4]
Traffic management. Roadways giving vehicular access to NG-Zero
sites shall be adequate to accommodate the anticipated traffic generation
resulting from the development proposed thereon. The Town Board shall
not approve a special use permit until and unless said Board determines
that the roads and intersections proximate to the project site are
capable of accommodating the additional traffic generation or, if
not, that the necessary improvements will be made prior to the occupancy
of the development.
[5]
Off-street bicycle and e-bike/scooter storage. Off-street bicycle
storage and charging for e-bikes and scooters shall be provided. Off-street
e-bike/scooter storage shall be appropriately sized and secured in
a self-contained area, readily accessible in the event of an emergency.
Such storage shall be accessible to all residents of the NG-Zero building.
[6]
Permitted uses. Permitted principal and accessory uses shall
be as follows:
[a]
Ground floor. To promote the goals and intent of
this provision, a project utilizing the NG-Zero special permit in
the B-RP District shall provide one or more ground floor retail or
commercial uses consistent with the permitted principal uses within
said district.
[b]
Residential density. Residential density shall
be calculated as follows:
|
Minimum Gross Lot Area Requirement per Dwelling Unit
| |
|---|---|
|
Dwelling Unit Type
|
Area
(square feet)
|
|
Efficiency (studio) apartment
|
375
|
|
1-bedroom apartment
|
500
|
|
2-bedroom apartment
|
750
|
[c]
Any accessory use customarily incidental to a permitted
principal use on the same lot.
[7]
Utilities and services.
[a]
Drainage. At a minimum, stormwater drainage systems shall comply with the requirements of Chapter 108A, Stormwater Management and Erosion and Sediment Control.
[b]
Green infrastructure. Green infrastructure practices
to improve water quality through stormwater management, such as rain
gardens, green roofs, and cisterns, shall be provided to the extent
readily achievable.
[c]
Refuse storage and collection. Plans for the storage
and collection of refuse and recycling shall be designed to the satisfaction
of the Town Board to minimize disruption to nearby properties and
provide appropriate odor, pollution and vermin controls. Refuse and
recycling shall be stored in rodent proof containers which shall be
conveniently located to serve all dwelling units and shall be enclosed
or otherwise screened from view in a location easily accessible by
emergency responders and service providers. Such facilities shall
comply with all setback requirements applicable to principal buildings
and may not be located in the front yard.
[d]
Undergrounding. All utilities, including electric,
telephone and cable television service, shall be placed underground,
unless it is determined by the Town Board, based on professional consultation,
that such a requirement is technically infeasible. If such undergrounding
is not feasible, adequate fire suppression must be incorporated into
the roof structure of the building.
[8]
Off-street parking and loading.
[a]
The applicant shall demonstrate compliance with
the following off-street parking standards:
|
Use
|
Minimum Required Off-Street Parking
|
|---|---|
|
Residential, multifamily
|
1 space per unit if on-site car share is provided. If no on-site
car share is provided parking shall be:
|
|
Rental
| |
|
Studio
|
0.85 per dwelling unit
|
|
1 bedroom
|
1.1 per dwelling unit
|
|
2 bedrooms
|
1.4 per dwelling unit
|
|
Retail
|
2.8 spaces per each 1,000 Square feet
|
|
Restaurant
|
10 spaces per each 1,000 Square feet
|
|
Office
|
2.8 spaces per each 1,000 Square feet
|
|
Medical office
|
3.3 spaces per each 1,000 Square feet
|
[b]
Any use not specifically listed in the table above shall be subject to the minimum off-street parking requirements set forth at § 60-420F of this chapter.
[c]
The Town Board may approve a reduction of these
minimum standard(s) based upon a finding that:
[d]
Sufficient public parking is available within 2,000
feet of the project site; or
[e]
The projected operational characteristics of the
proposed use(s) or other strategies proposed by the applicant justify
a different amount of parking.
[f]
Payment in lieu of off-street parking. Where off-street
parking is insufficient to meet the standards set forth in Subsection
O(19)(b)[8][a] above, the Town Board may require as a condition of
special permit approval a payment to the Town in lieu of providing
such parking spaces. The amount of the fee-in-lieu shall be established
by the Town Board in its Fee Schedule. The fee-in-lieu shall be deposited
by the Town in a designed trust fund to be used by the Town exclusively
for ensuring the availability of adequate off-site parking in the
Chappaqua Hamlet.
[9]
Electric vehicle charging stations. A minimum of 50% of the
required parking shall be electric vehicle ready with sufficient capacity
to charge electric vehicles at the full rated amperage.
[10]
Green building. In compliance with § 74-13 of the Town Code, new construction shall incorporate green building practices designed to minimize short-term and long-term negative impacts on the environment. In addition to meeting the Town Code green building standards, all NG-Zero projects must comply with the following requirements:
[a]
Minimize on-site generation of carbon emissions.
All buildings greater than 5,000 square feet of conditioned space
shall not be serviced by gas- or fossil fuel-fired equipment or appliances,
except as required for emergency standby power.
[b]
Minimize operational carbon emissions. All new
construction addressed by the International Energy Conservation Code
must incorporate renewable energy systems of adequate capacity to
achieve net zero carbon, per the requirements of the 2021 International
Energy Conservation Code (IECC) Appendix CC, Zero Energy Commercial
Building Provisions, as may be amended from time to time.
[c]
Minimize embodied carbon in building products and
materials. All buildings greater than 5,000 square feet of conditioned
space must perform a whole building life cycle assessment (WBLCA)
of the project's structure and enclosure prior to building permit
approval. The project WBLCA must demonstrate a minimum 25% reduction
in global warming potential (GWP) compared to a typical baseline building.
Suitable WBLCA frameworks include LEED v4.1 Building Design and Construction
and ANSI/GBI 01-2021 Green Globes Assessment Protocol for Commercial
Buildings or similar. Where possible, material reuse (salvaged material)
is strongly encouraged, as these materials can be designated to have
low/zero GWP.
[11]
Energy efficient building standards.
[a]
Purpose. To ensure that a NG-Zero building serves
as a model for sustainable, environmentally responsible development,
this subsection incorporates performance standards used for tax deductions
allowable under Internal Revenue Code § 179D. However, nothing
herein shall require any taxpayer to claim any such deduction with
any taxing authority.
[b]
Energy efficiency standard. Proposed NG-Zero building
performance must be modeled and certified by a registered design professional
as having interior lighting systems, heating, cooling, ventilation,
hot water systems, and a building envelope, that together:
[c]
Meet the energy efficiency requirements described
in Internal Revenue Service Notices 2006-52, 2008-40, and 2012-26,
or any newer version(s) issued hereafter, as applicable; and
[d]
Reduce the building's total annual energy
and power costs by 50% or more over the minimum ANSI/ASHRAE/IE 90.1-2022
energy standard or latest version using generally accepted proofing
methods and technologies which may include computer modeling having
the features described in Section 6 of Notice 2006-52 or Section 4
of Notice 2008-40.
[e]
Certification. The certification required under
this subsection shall meet all the requirements listed in Notice 2006-52,
Section 4, and Notice 2008-40, Section 5.
[f]
Testing. Prior to the issuance of a certificate
of occupancy, the owner of a NG-Zero building shall furnish the Building
Inspector with the results of an air space (blower door) test, a system
adjusting and balancing test, and a commissioned test, verifying that
the building's HVAC and energy systems meet the standard described
in Subsection O(19)(b)[11][b][ii].
[g]
Waiver. The Building Inspector may waive or modify,
in whole or in part, the requirements in this subsection upon a showing
that strict compliance with such requirements would be infeasible
or impose an unreasonable hardship upon the applicant.
[12]
Open space.
[a]
Outdoor space. Outdoor space for NG-Zero building
residents shall be provided in the form of one or more of the following:
individual patios or terraces, rooftop garden, community garden, courtyard
deck or balcony.
[b]
Public open space. To foster a walkable community
and activate street life in the downtown Chappaqua hamlet, suitable
public open space shall be provided in connection with the ground
floor commercial use(s). Outdoor seating, plantings, and lighting
shall be incorporated into such public open space.
[c]
Other open spaces. Land within a NG-Zero project
site which is not used for one or more of the purposes enumerated
above shall be designed and maintained as permanent open space either
to be improved and landscaped or to be preserved in its natural state,
all in accordance with plans and restrictions as may be approved by
the Town Board.
[13]
Design.
[a]
The site design shall include features that enhance
the visual aesthetic and pedestrian experience, such as streetscape
improvements, attractive lighting, benches, variation of facade and
building materials, landscaping, and suitable building and parking
orientation.
[b]
Building height shall not exceed either 50 feet or four stories, as measured pursuant to Subsection B(1) of the definition of "building height" in § 60-210 of this chapter. To ensure development is compatible with the area in which the NG-Zero project is located, the Town Board may further limit the height. The floor area limitations in § 60-410B, Schedule of regulations for business and industrial districts: Lot and Bulk Regulations, Part 4, shall not apply.
[c]
The design shall integrate low-impact ecologically
conscious construction techniques and construction management practices.
[d]
Building facades facing a street, which shall be
defined as "street walls" for the purpose of this subsection, shall
adhere to the following requirements:
[e]
The street wall shall have varying depths from
the property line to create outdoor open spaces at the street level
and outdoor common areas for residents of the building above the ground
floor;
[f]
The street wall shall maintain a minimum setback
from the curb of at least 10 feet;
[g]
Street wall height shall not exceed maximum allowable
building height;
[h]
The street wall shall incorporate a varied design
that mitigates its mass and optimizes the amount of natural light
into residential units;
[i]
Through the use of open public spaces, windows,
and other architectural features, the street wall shall activate the
street and enhance the pedestrian experience; and
[j]
Outdoor common areas for residents of the building
above the ground floor shall include amenities such as landscaped
planters and green courtyards that utilize sustainable materials and
technologies.
[k]
An NG-Zero building shall optimize the configuration
and location of its ground floor retail space, which shall consist
of at least 4,000 square feet of public-facing retail or restaurant
space. Residential units shall not be located on the ground floor
or have windows directly facing the Metro-North railroad tracks.
[l]
On-site parking shall be located on the ground
floor beyond the street wall so it is not directly visible from the
street.
[14]
Visual.
[a]
A shadow study of the proposed project shall be
submitted based upon appropriate modeling, photography and other pertinent
analytical techniques accounting for the worst-case seasonal conditions.
[b]
A visual impact assessment of the proposed project
shall be submitted based upon appropriate modeling, photography and
other pertinent analytical techniques accounting for the worst-case
seasonal conditions.
[c]
The Town Board may require modifications to the
project to reduce or eliminate impacts based on the results of the
shadow study or visual impact assessment.
[15]
Waiver of site requirements. The Town Board may waive or modify, in whole or in part, the standards set forth at § 60-430O(19)(b)[2] through [14] where the Town Board finds substantial evidence that such waiver or modification is consistent with the goals of the Town Comprehensive Plan, will better serve the public health, safety and welfare than strict compliance with such standard(s), and is necessary to avoid an unreasonable hardship upon the applicant.
(c)
Application procedure. Except as otherwise indicated below, applications for NG-Zero special permits shall comply with the procedures and requirements in § 60-430B.
[1]
Application.
[a]
An application for a NG-Zero special permit and
site development approval shall be submitted to the Town Clerk's
office, with 12 copies, and an electronic file format. Application
forms as required by the Development Department shall be completed
and submitted and shall include, at a minimum, the following information:
[b]
The names and addresses of the property owner(s)
or the applicant (if other than the owner), and of the planner, engineer,
architect, surveyor and/or other professionals engaged to work on
the project. If the applicant is not the owner of the property, authorization
from the owner(s) to make the application shall be provided.
[c]
A written statement: i) describing the nature of
the proposed NG-Zero special permit and a site development plan and
how the proposed project is consistent with the special permit standards
and will serve the purpose of NG-Zero; ii) describing how the project
is consistent with the Town Development Plan; iii) describing in narrative
or graphic form the relationship of the proposed site development
plan with adjoining properties, other uses and improvements and the
broader community; iv) analyzing the availability and adequacy of
utilities to serve the proposed site development plan; v) analyzing
the safety and capacity of the street system in the area in relation
to the anticipated traffic generation and parking demand of the proposed
project; and vi) presenting such other information as may be required
by law or deemed necessary by the Town Director of Planning to ensure
efficient review of the application.
[d]
A site development plan for the project site drawn
to a convenient scale and including the following items of information:
i) the area of the property in both acres and square feet; ii) the
floor area in square feet of the proposed site development plan; iii)
a map of existing terrain conditions of the proposed site, including
topography with a vertical contour interval of no more than two feet,
existing drainage features, and major environmental features; iv)
a sketch indicating the location of the proposed project improvements
with respect to neighboring streets and properties, including the
names of all owners of property within 500 feet of the development
site, showing the existing zoning of the property and showing the
location of zoning district boundaries in the surrounding area; v)
a site development plan indicating the footprint, height, and design
of the building(s), the approximate layout of individual uses, pedestrian
and bicycle access, parking areas and access drives, and the general
nature and location of other proposed site improvements, including
landscaping and screening, storm drainage, water and sewer connections,
etc. vi) a generalized schedule for construction staging and completion
of the proposed project; vii) an itemized list as to the green building
attributes employed in the development project; and viii) an application
fee in an amount as set forth by resolution of the Town Board in the
Master Fee Schedule, which may be amended.
[e]
Upon determination by the Director of Planning
that the application is substantially complete, the Director of Planning
shall refer said application to the Town Board for review at its next
regularly scheduled meeting. The Town Board may, in its discretion,
invite the Planning Board to meet jointly with the Town Board in an
advisory capacity.
[2]
Public hearing and decision. Within 62 days of the date a completed
NG-Zero special permit application is received, the Town Board shall
schedule a public hearing on the NG-Zero special permit and associated
site development plan. Within 62 days of the later of the date that
the public hearing is closed or that all actions required under the
State Environmental Quality Review Act as a prerequisite to Town Board
action have been taken, the Town Board shall act to approve, approve
with modifications, or disapprove the NG-Zero special permit and site
development plan. Nothing in this section is to be construed as authorization
for a default approval in the event these periods are exceeded.
[Amended 1-28-1975; 4-26-1977 by L.L. No. 5-1977]
A.
Approval required. The purpose of this subsection is to streamline the site development plan approval process in the Town of New Castle by establishing a procedure and standards for securing administrative approval of proposed change of use applications and minor site plan modifications involving property located in the business and industrial districts as well as proposed site plan modifications involving property located in conservation subdivisions approved pursuant to § 60-420H herein or § 278 of the New York State Town Law.
[Amended 9-12-1995 by L.L. No. 9-1995; 10-14-1997 by L.L. No.
17-1997; 7-23-2002 by L.L. No. 5-2002; 9-14-2010 by L.L. No.
10-2010]
(1)
Where site development plan approval is required by the terms of this chapter or by resolution by the Planning Board pursuant to § 60-420H herein or § 278 of the Town Law, no building permit shall be issued by the Building Inspector until such a plan has been approved by the Planning Board. Furthermore, no certificate of occupancy or use shall be issued for such premises until all of the requirements of the Board's approval, including any conditions attached thereto, shall have been met. Continued conformance with such plan and requirements shall be a condition of the continued validity of the certificate of occupancy or use. Except as provided for in § 60-440A(3), (4) and (5) herein, revisions of such plans to reflect site development plan modifications, including but not limited to changes of use, shall be subject to the same approval requirements.
(2)
The Planning Board is authorized, subject to final approval by the
Town Board, to adopt such rules and regulations as it may deem necessary
to properly exercise this power of site development plan review.
(3)
Where a change of use from one permitted use requiring site development
plan approval to another permitted use requiring site development
plan approval is proposed for premises located in a business or industrial
district, such change of use shall not require site development plan
approval by the Planning Board prior to the issuance of a building
permit or a certificate of occupancy or use by the Building Inspector,
provided that the following conditions are met:
(a)
There shall be no existing violations on the premises.
(b)
The existing use of the premises shall be shown on a site development
Plan previously approved by the Planning Board.
(c)
The requirements of § 60-420F of this chapter shall be met. If the premises are located in the B-RP District, an easement over the entire designated "Parking/Loading/Circulation/Setback Area" shall have been previously accepted for dedication by the parking district or the Town of New Castle.
(d)
No enlargement of the existing building shall be permitted.
(e)
The proposed use shall not result in an increase in intensity
of use that will affect the characteristics of the site in terms of
access, traffic circulation, parking, loading, stormwater drainage,
water supply, sanitary sewage disposal or site lighting.
|
If all of the above conditions can be met, the Building Inspector
shall be authorized to review and approve the proposed change of use
in accordance with all other applicable provisions of this chapter,
prior to issuing a building permit or a certificate of occupancy or
use. If any of the above conditions cannot be met, site development
plan approval by the Planning Board shall be required.
|
(4)
Where any other modification to a previously approved site development
plan is proposed for premises located in a business or industrial
district or a lot approved pursuant to § 278 of the Town Law,
such modification shall not require amended site development plan
approval by the Planning Board prior to the issuance of a building
permit or a certificate of occupancy or use by the Building Inspector,
provided that the following conditions are met:
[Amended 11-22-2011 by L.L. No. 15-2011]
(a)
There shall be no existing violations on the premises.
(b)
The proposed modification(s) shall not involve the construction of
building additions or the construction of any structural additions
other than handicap access ramps, stairs, walks, decks or fences that
do not violate the lot and bulk requirements of this chapter.
(c)
The proposed modification(s), including but not limited to the addition
of proposed landscaping, shall not involve any changes that may conflict
with recommended minimum sight line standards.
(d)
The proposed modifications shall not result in an increase in intensity
of use that will affect the characteristics of the site in terms of
access, traffic circulation, parking, loading, stormwater drainage,
water supply, sanitary sewage disposal or site lighting.
(e)
The proposed modification(s) shall not involve any regulated wetlands, steep slopes or trees, as set forth in Chapter 137, Wetlands, or Chapter 64, Environmental Protection Overlay Regulations, if the property is located within an Environmental Protection Overlay District, Chapter 108, Steep Slope Protection, or Chapter 121, Tree Preservation, respectively.
|
If all of the above conditions can be met, the Building Inspector shall be authorized to review and approve the proposed site development plan modification(s) in accordance with all other applicable provisions of this chapter and Chapter 48 of the Code of the Town of New Castle, prior to issuing a building permit or a certificate of occupancy or use. If any of the above conditions cannot be met, site development plan approval by the Planning Board shall be required.
|
(5)
Where modification(s) to a previously approved site development plan are proposed for a lot approved pursuant to § 60-420H herein or § 278 of the Town Law, such modification(s) shall not require amended site development plan approval by the Planning Board prior to the issuance of a building permit or a certificate of occupancy or use by the Building Inspector, unless the proposed modification(s) shall also require approval by the Planning Board of (i) a permit or an amended permit pursuant to Chapter 137, Wetlands, or Chapter 64, Environmental Protection Overlay Regulations, if the property is located within an Environmental Protection Overlay District, Chapter 108, Steep Slope Protection, Chapter 121, Tree Preservation; or (ii) any other discretionary permit or approval over which the Planning Board has jurisdiction.
(6)
Expedited project review procedures applicable to applications including
model ordinance provisions affordable AFFH units.
[Added 8-9-2011 by L.L. No. 10-2011]
(a)
Preapplication meeting. The applicant for a residential development
including model ordinance provisions affordable AFFH units shall be
entitled at no cost to at least one preapplication meeting at which
representatives will be in attendance from each Town agency, board,
commission, consultant, and staff expected to play a role in the review
and approval of the residential development application and construction.
The purpose of the preapplication meeting will be to expedite the
residential development application review process through:
(b)
Meeting schedule and timeline. Town departments, agencies, authorities,
boards, commissions, councils, committees, and staff shall endeavor
to honor the proposed meeting schedule and conceptual timeline established
as an outcome of the preapplication to the greatest extent possible
during the review and approval process, subject to other requirements
of law and the demonstrated cooperation of the applicant to adhere
to same. If the approval process extends beyond one year, an applicant
for a residential development including model ordinance provisions
affordable AFFH units shall be entitled at no cost to at least one
additional meeting per year with the same departments, agencies, authorities,
boards, commissions, councils or committees to review any and all
items discussed at previous preapplication meetings.
(c)
Calendar/agenda priority. Town departments, agencies, authorities,
boards, commissions, councils, or committees with review or approval
authority over applications for residential developments shall give
priority to such an application for a residential development including
model ordinance provisions affordable AFFH units by placing it first
on all meeting and work session calendars and agendas and, when feasible
based on the ability to conduct required reviews and public notice,
by scheduling any adjournment of it to the next scheduled meeting.
B.
Application procedure.
(1)
Application for site development plan approval shall be made prior
to making application for a building permit and shall be submitted
to the Planning Board Secretary at least two weeks prior to the regular
Planning Board meeting at which it will be considered. Until such
time as a complete application, including all of the information and
documentation in proper form as required by the Planning Board, has
been received by said Board, including the submission of all such
application materials in an electronic file format, the application
shall not be considered as officially submitted.
[Amended 10-14-1997 by L.L. No. 17-1997; 3-27-2012 by L.L. No.
1-2012]
(2)
The application shall be accompanied by a detailed site development
plan prepared by a legally qualified individual or firm, including,
but not limited to, a registered architect or professional engineer,
and shall contain at least the following information:
(a)
A location map showing the applicant's entire property and adjacent
properties and streets at a convenient scale.
(b)
The proposed location, use and architectural design of all buildings
and structures.
(c)
Any proposed division of buildings into units of separate occupancy.
(d)
Existing topography and proposed grade elevations.
(e)
The location of all existing and proposed parking and truck
loading areas, with access and egress drives thereto.
(f)
The location of outdoor storage, if any.
(g)
The location and design of all existing and proposed site improvements,
including pavement, walks, curbing, drains, culverts, retaining walls
and fences.
(h)
A description of the method of sewage disposal and location
of such facilities.
(i)
The location, size and design of all existing and proposed signs.
[Amended 10-14-1997 by L.L. No. 18-1997]
(j)
The location and proposed development of landscaping and buffer
screening areas.
(k)
The location, design and proposed hours of operation of lighting
facilities.
(m)
A signature block for Planning Board endorsement of approval.
(n)
For all proposed site development plans containing land within an area of special flood hazard, the data required to ensure compliance with Chapter 70, Flood Damage Prevention.
[Added 9-13-1988 by L.L No. 14-1988]
(o)
Any other pertinent information required by the Planning Board
which is reasonably related to the health, safety and general welfare
of the community.
[Amended 9-13-1988 by L.L. No. 14-1988]
(p)
A stormwater pollution prevention plan consistent with the requirements of Chapter 108A, Stormwater Management and Erosion and Sediment Control, shall be required for any site plan approval that qualifies as or authorizes a land development activity as defined in Chapter 108A. The SWPPP shall meet the performance and design criteria and standards in Chapter 108A. The approved site plan shall be consistent with the provisions of that chapter.
[Added 4-10-2007 by L.L. No. 3-2007]
(3)
Referral to Police Chief, Fire Marshal and Fire Chief required on
determination of site development plan.
[Added 6-28-1988 by L.L. No. 6-1988]
(a)
Upon receipt of a complete application for site development plan approval, the Planning Board shall refer said application to the Chief of Police, Fire Marshal and Fire Chief of the Fire Department which has jurisdiction over the property which is the subject of the application. Within 45 days of such referral, the Chief of Police, Fire Marshal and Fire Chief shall make recommendations to the Planning Board as to the designation of no-parking zones as defined in Chapter 123, Vehicles and Traffic, Part 2, of the Town Code of the Town of New Castle.
(b)
As part of any approval of a site development plan, the Planning
Board shall take into consideration the recommendations of the Chief
of Police, Fire Marshal and Fire Chief in designating no-parking zones
if the Planning Board deems such zones to be necessary and appropriate.
C.
Public hearing and action by Planning Board.
[Amended 9-14-1982 by Ord. No. 12-1982; 9-12-1995 by L.L. No.
9-1995]
(1)
The Planning Board shall schedule and conduct a public hearing on
each site development plan application within 62 days from the date
of the meeting at which it was officially submitted. Public notice
of such hearing shall be given by publication in the Town's official
newspaper five days prior to the date thereof. Notice of the public
hearing shall also be mailed to the applicant at least 10 days prior
to the hearing.
(2)
Within 62 days of the date of the close of the public hearing, the
Planning Board shall act to approve, approve with modifications or
disapprove the proposed site development plan. A copy of the Board's
decision shall be filed in the offices of the Town Clerk and the Building
Inspector within five days after such decision is rendered and a copy
thereof mailed to the applicant. The time within which the authorized
Board must render its decision may be extended by mutual consent of
the applicant and said Board. However, failure to act within the specified
time periods shall not result in the approval of the application by
default.
(3)
Within 60 days of the date of approval or approval with modifications,
the applicant shall present to the Planning Board a corrected final
site plan in reproducible form, including any modifications required
by the Planning Board as a condition of its approval. Upon verification
by the Planning Board and the Town Engineer that the plan complies
with the requirements of the Board's approval, the plan shall be endorsed
by the Planning Board Chairman and filed with the Town Engineer.
(4)
Notwithstanding any other provision of this section, or of § 274-a
of the Town Law to the contrary, the Planning Board shall not be required
to consider, schedule, hear or approve any site development plan application
if it shall appear that the applicant has done or permitted to be
done any act on the subject site in violation of this chapter or any
other chapter of the Code of the Town of New Castle, provided that
the appropriate enforcement officer or employee of the Town shall
also determine that a violation has occurred and has commenced or
is about to commence enforcement proceedings in or before the appropriate
court and/or agency until any one of the following events shall occur:
(a)
The apparent violation has been corrected or removed as reported
to the Planning Board by the appropriate enforcement officer or employee.
(b)
A final determination has been rendered by the appropriate court
or agency dismissing the enforcement proceedings.
(c)
A final determination has been rendered by the appropriate court
or agency finding the applicant guilty or violating the Code, the
fine or penalty has been paid and the violation corrected, provided
that the Planning Board may determine it impossible or impractical
to correct the violation and, upon making that finding, may permit
site plan review process to proceed.
|
For the number of days the site plan review process has been
suspended by the Planning Board in the manner herein provided, the
time within which the Planning Board must otherwise act with regard
to the site development plan application shall be extended correspondingly.
|
D.
Standards for site development plan approval. In preparing its decision
concerning any site development plan application, the Planning Board
shall consider the nature, arrangement and appearance of all buildings
and uses on the lot, including their potential impact on adjacent
properties, architectural features and land uses, so that they will
have a harmonious relationship with the existing and planned development
of contiguous lands and adjacent neighborhoods; so that they will
have no material adverse effect upon the desirability of such neighborhoods
for the uses contemplated by this chapter; so that they will be properly
related to the proposals of the Town Development Plan; so that due
consideration is given to inclusion of Model Ordinance Provisions
AFFH Units and that inclusion of the same is facilitated; so that
the required parking and loading spaces are provided; so that pedestrian
and vehicular access, traffic circulation and the general layout of
the site are properly planned with regard to the safety of cars and
pedestrians using the site, as well as those on neighboring properties
and streets; so that they will be sited and located to take advantage
of solar access insofar as feasible, including the orientation of
proposed buildings with respect to sun angles, the shading and windscreen
potential of existing and proposed vegetation both on and off the
site, the impact on solar access to adjacent uses and properties;
and so that the purpose and intent of this chapter will otherwise
be met, to the end that the property values will be conserved, the
most appropriate use of land will be encouraged and the health, safety
and general welfare of the community will be furthered. In acting
to approve, whether with or without modifications, a site development
plan application, the Planning Board shall attach such conditions
and safeguards as it deems necessary to assure that the purpose and
intent of those regulations will be complied with. Where the design
of the site development plan requires blasting, the blasting areas
and proposed measures to reduce impacts shall be shown as required
by the Planning Board.
[Amended 9-14-1982 by L.L. No. 11-1982; 8-13-1985 by L.L. No.
12-1985; 8-9-2011 by L.L. No. 10-2011]
E.
Supplementary standards for B-RP District.
[Amended 6-26-1984 by L.L. No. 7-1984, readopted 7-31-1984; 9-22-1987 by L.L. No.
12-1987]
(1)
Where, in a B-RP District, the Planning Board determines that, because
of the nature of a permitted use or uses for which a site plan is
proposed, a change in the designated building areas or parking/loading/circulation/setback
areas on the parcel will result in improved pedestrian or vehicular
access or circulation, better utilization of the property for the
proposed use, increased safety and improvement of the general appearance
of the property as a separate unit and in relation to neighboring
properties, the Planning Board may permit such an adjustment of the
designated building areas or parking/loading/circulation/setback areas,
provided that:
(2)
In order to encourage safe and convenient traffic circulation, the
Planning Board may require the interconnection of parking areas via
access drives within and between one or more adjacent lots in a B-RP
District. The Board shall require written assurances and/or deed restrictions,
satisfactory to the Town Attorney, binding the owner, his assignees
or his successors in interest to permit and maintain such internal
access between parking areas for circulation purposes.
F.
Planning Board initiative.
[Amended 11-12-1985 by L.L. No. 18-1985]
(1)
Area site plans. The Planning Board may, on its own initiative, propose
a general or specific site plan for a particular area where site development
plan approval may be required in the future, using, as a guide, the
requirements of this chapter.
(2)
Area design plans. The Planning Board may, on its own initiative,
propose a general or specific design plan for a particular area where
site development plan approval may be required in the future, using,
as a guide, the requirements of this chapter. Such area design plans
may establish guidelines applicable to the layout and design of one
or more sites as well as the buildings located thereon, including
but not limited to standards for landscaping, lighting, signage, utility
installation, paving materials, pedestrian amenities, building materials,
colors and architectural style. Prior to its adoption by the Planning
Board, each area design plan shall be referred to the Board of Architectural
Review for report and recommendation, which report shall be rendered
within 45 days of the date such referral is received by the Board
of Architectural Review.
G.
Required improvements.
[Added 1-8-1980 by L.L. No. 1-1980]
(1)
Completion of improvements or filing of bonds. After adoption of
a resolution approving a site development plan and before the plan
is endorsed by the Planning Board Chairman or other duly authorized
member, the applicant shall be required to complete, at his expense
and without reimbursement by the Town or any special district, all
improvements as shown on the approved construction plans or otherwise
specified in the resolution or, as an alternative, file with the Town
Board a bond, letter of credit or other security acceptable to the
Town Board in an amount fixed by the Planning Board in its resolution
as sufficient to secure to the Town the satisfactory construction,
installation and completion of the required improvements. Such bond,
letter of credit or other security shall state the period within which
the required improvements must be completed, which period shall be
that specified in the Planning Board resolution. In the event that
the issuer of the bond or other security furnished to the Town hereunder
becomes insolvent or, for any reason, disaffirms the validity of such
security, the applicant shall notify the Town Board immediately and
replace the invalid security with a new bond or other security acceptable
to the Town Board within 30 days thereafter. The existence of a valid
bond, letter of credit or other security shall be a condition precedent
to the validity of any permits issued or to be issued in connection
with any site development plan. All improvements shall be done to
the satisfaction of the Planning Board, in accordance with the approved
construction plans and the requirements of this chapter and any other
Town construction standards and specifications. The term "improvement"
shall include all facilities intended to be dedicated as public facilities
and roadways, water and sewer facilities, drainage and erosion controls
and soil stabilization improvements not intended to be so dedicated.
[Amended 6-9-1992 by L.L. No. 10-1992[2]]
[2]
Editor's Note: This local law stated that it superseded inconsistent
provisions of Town Law §§ 274-a and 277, Subdivision
1.
(2)
Failure to complete improvements.
(a)
Where a bond is not filed. If all required improvements are
not completed within the period specified in the Planning Board resolution
of approval, such approval shall be deemed to have expired, unless,
upon request of the applicant, the period has been extended by resolution
of the Planning Board.
(b)
Where a bond is filed. If all required improvements are not
completed within the term specified by the Planning Board and set
forth in the filed bond and if no application for extension of such
period and bond has been made by the applicant with the written consent
of the surety company and approved by the Planning Board, the Town
Board may thereupon declare said bond to be in default and collect
the sum remaining payable thereunder and, upon receipt of the proceeds
thereof, the Town shall install such improvements as are covered by
the bond and are commensurate with the extent of development that
has taken place on the site but not exceeding in cost the amount of
such proceeds.
(3)
Modification of bond.
(a)
Extension of period specified in bond. The period specified
for the completion of all required improvements, as set forth in the
bond, may be extended only by resolution of the Planning Board upon
request by the applicant with the written consent of the surety company
setting forth in detail the amount of work which has been completed,
reasons for failure to complete the remainder of the work within the
specified period, the maximum estimated time required to complete
the remainder of the work and the time period extension which is requested.
(b)
Reduction of bond. An applicant may request, in writing, that
the Town Board authorize a reduction in the amount of the bond. Such
request shall itemize the extent of required improvements already
completed, the estimated cost of improvements remaining to be completed
and the amount of bond reduction requested. It shall be accompanied
by a cost estimate fee as set forth by resolution of the Town Board
in the Master Fee Schedule, which may be amended. Then the Town Board
may, if it determines that sufficient required improvements have been
installed to warrant such action, reduce the face amount of the bond
by an appropriate amount so that the new amount will cover the cost
in full of all required improvements remaining to be completed, and
any security deposited with the bond may be reduced proportionately.
[Amended 3-9-2010 by L.L. No. 2-2010]
(4)
Modification of requirements. If, at any time, either before or during
the course of construction of the required improvements, it is determined
by the Planning Board that unforeseen conditions make it necessary
to modify the location or design of any improvements, the Board may
modify the terms and conditions of the approval so as to require such
changes as may be necessary to comply with the spirit and intent of
the Board's original approval and to conform to accepted engineering
practices. If such modification affects the scope of work covered
by a bond, the Board may require or allow appropriate modification
of such bond.
H.
Inspection of improvements. The Town Engineer shall be responsible
for inspecting required improvements during construction to ensure
their satisfactory completion and, upon such completion, shall furnish
the Planning Board with a statement to that effect. If the Town Engineer
determines that any of the required improvements have not been constructed
in accordance with the approved plan, the applicant shall be responsible
for properly completing said improvements. Failure of the Town Engineer
to carry out inspections of required improvements during construction
shall not in any way relieve the applicant or the bonding company
of their responsibilities related to the proper construction of such
improvements.
[Added 1-8-1980 by L.L. No. 1-1980]
(1)
Inspection fee. To offset the costs incurred by the Town in conducting
inspections, all applicants for approval of site plans involving the
construction of streets, utilities, parking lots, retaining walls,
landscaping and/or other improvements shall be required to submit
an inspection fee, payable to the Town of New Castle, equal in amount
to 3% of the estimated cost of improvements as determined by the Planning
Board.
