Town of New Castle, NY Article IV Regulations

§ 60-400 Application regulations.

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]

§ 60-410 District regulations.

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:

[1] The existing grade prior to construction; or

[2] The newly established grade after construction, exclusive of any filling, berming, mounding or excavating undertaken solely for the purpose of locating the sign.

(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.

(c) No sign permit or building permit shall be issued for any existing or proposed sign unless such sign is in conformance with the requirements of this chapter and 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.

E. (Reserved)[6]

[6] Editor's Note: Former §§ 60-14.1, Sign types, and 60-14.2, Sign regulations, as amended, were repealed 10-14-1997 by L.L. No. 18-1997.

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.

[1] (Reserved)[9]

[9] Editor's Note: Former § 60-417.261, Recreation area, as amended, was repealed 5-22-1990 by L.L. No. 26-1990.

[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]

[11] Editor's Note: For zoning amendment procedure, see § 60-600 of this chapter.

[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.

[f] If new construction is proposed within an area of special flood hazard, the data required to ensure compliance with Chapter 70, Flood Damage Prevention; Chapter 108, Steep Slopes; Chapter 121, Tree Preservation; Chapter 137, Wetlands; and Chapter 60, § 60-300A(8), Overlay Zoning.

[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) As used in this subsection, the following certain words and phrases shall have the meanings indicated:

BUILDING-INTEGRATED PHOTOVOLTAIC (BIPV) COLLECTORS

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.

FLUSH-MOUNTED SOLAR PANEL

A photovoltaic panel or tile that is installed flush to the surface of a roof and which cannot be angled or raised.

FREESTANDING OR GROUND-MOUNTED SOLAR ENERGY COLLECTOR

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.

LARGE-SCALE SOLAR COLLECTION SYSTEM or SOLAR FARM

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.

PASSIVE SOLAR DESIGN

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.

PHOTOVOLTAIC (PV) COLLECTOR

A solar energy system that produces electricity by the use of semiconductor devices, called "photovoltaic cells," which generate electricity whenever light strikes them.

QUALIFIED SOLAR INSTALLER

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.

ROOFTOP OR BUILDING-MOUNTED SOLAR COLLECTOR

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.

SOLAR ACCESS

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 ENERGY EQUIPMENT

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.

SOLAR THERMAL COLLECTOR

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.

[4] Signs.

[a] A sign not to exceed eight square feet shall be placed on or near the main access point and shall list the facility name, owner and phone number.

[b] A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.

[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.

[3] In the event any of the standards in this Subsection L(5)(d) for markings are more stringent than applicable provisions of the New York State Uniform Fire Prevention and Building Code, they shall be deemed to be guidelines only and the standards of such code shall apply.

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) Definitions. As used in this subsection, the following terms shall have the respective meanings ascribed to them:

ANIMAL CONTROL WARDEN

The Animal Warden of the Town of New Castle.

CHICKEN

A domestic fowl kept for its eggs or meat.

CHICKEN COOP

A small house where female chickens are housed.

CHICKEN ENCLOSURE

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.

[13] Editor's Note: See Ch. 90, Noise.

(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.

§ 60-420 General regulations.

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:

[1] The floor area of each building on that lot, as "floor area" is defined in Town Code § 60-210, plus

[2] One-half of the gross horizontal area of each floor of each garage on that lot, as "garage" is defined in Town Code § 60-210, plus

[3] One-half of the gross horizontal area of each floor of each basement on that lot, as "basement" is defined in Town Code § 60-210.

(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]

(4) (Reserved)[4]

[4] Editor's Note: Former § 60-424.4, Noise, added 12-16-1980 by L.L. No. 19-1980, as amended 6-25-1985 by L.L. No. 9-1985, was repealed 4-11-1989 by L.L. No. 8-1989. See now Ch. 90, Noise.

(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]

(7) (Reserved)[5]

[5] Editor's Note: Former § 60-425.6, Removal of existing nonconforming signs, was repealed 10-14-1997 by L.L. No. 18-1997.

(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.

(d) (Reserved)[6]

[6] Editor's Note: Former § 60-426.2(d), which dealt with requirements in the B-RP District, as amended, was repealed 3-12-1991 by L.L. No. 5-1991.

(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) Property owners whose land is part of a previously approved subdivision consisting of the same number of lots from which parkland or a fee in lieu thereof has been provided pursuant to the Town of New Castle Subdivision Regulations[9] shall be exempt from the provisions of § 60-420G.

[9] Editor's Note: See Ch. 113, Subdivision of Land.

(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.

§ 60-430 Permitted special uses.

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:

(a) Rough grading completed.

(b) Drainage and other underground facilities installed, but prior to backfilling.

(c) After gravel base is spread and compacted.

(d) When each pavement course is being applied.

(e) After completion of all improvements.

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.

(d) Other requirements. In addition to the special standards described above, any private club 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).

(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.

[a] (Reserved)[6]

[6] Editor's Note: Former § 60-437.928[a], Recreation area, as amended, was repealed 5-29-1990 by L.L. No. 26-1990.

[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.

(r) Coordination with Zoning Board of Appeals. If the Town Board does not modify the provisions of this section as requested by an applicant, the applicant may appeal to the Zoning Board of Appeals in accordance with the procedures contained in Town Code § 60-540.

(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) Definitions. As used in this subsection, the following terms shall have the respective meanings ascribed to them:

MASSAGE ESTABLISHMENT

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).

MASSAGE/MASSAGE SERVICES

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.

MASSAGE PRACTITIONER

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).

TOWN

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.

§ 60-440 Procedure and standards for site development plan approval.

[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:

[1] The early identification of issues, concerns, code compliance, and coordination matters that may arise during the review and approval process.

[2] The establishment of a comprehensive review process outline, proposed meeting schedule, and conceptual timeline.

(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.

(l) The proposed location, size, design and use of all temporary structures and storage areas to be used during the course of construction.

[Amended 2-8-1983 by L.L. No. 1-1983[1]]

[1] Editor's Note: This local law also redesignated Subsections (l) and (m) as Subsections (m) and (n) respectively.

(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:

(a) The total amount of building floor space does not exceed the amount which could otherwise be permitted; and

(b) There is no interference with traffic flow to the parking areas on adjoining properties.

(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.