Town of North Castle, NY District Regulations

Maximum density. The maximum gross density shall not exceed one density unit, as defined in § 355-4 of this chapter, per 25,000 square feet of net lot area, as defined in Subsection B(2).

[Amended 5-14-2014 by L.L. No. 1-2014]

Net density. To further the achievement of the objectives of the State Freshwater Wetlands Act (Article 24 and Title 23 of Article 71 of the Environmental Conservation Law), the State Environmental Quality Review Act (Article 8 of the Environmental Conservation Law), Chapter 209, Wetlands and Watercourse Protection, of the Town Code, the North Castle Town Development Plan and § 355-18 of this chapter, the lot area used in the calculation of maximum density in the R-MF District shall be "net lot area," as defined herein.

[Amended 5-23-2012 by L.L. No. 2-2012]

Bedrooms. The Planning Board shall be responsible for determining the number of bedrooms in each dwelling unit, in connection with its review of site development plans.

Water and sewage facilities.

[Amended 3-24-1994 by L.L. No. 4-1994]

All attached, semidetached, detached or multifamily dwellings shall be served by public water and sewage treatment facilities, and no certificate of occupancy shall be issued until all dwelling units are connected to approved and functioning public water and sewage treatment systems. Where, in the opinion of the Planning Board, connection to or establishment of public water facilities is not possible, or not warranted, a central water supply system shall be designed and constructed to serve all dwelling units in accordance with the standards and subject to the approval of the Westchester County Department of Environmental Conservation. Such central system shall be designed and located in such a way as to readily permit its connection and/or conversion to an off-site system at such time as it is constructed.

Where water supply for a project is predominantly dependent upon water drawn from such property and, in the opinion of the Planning Board, the geology of an area is such that wells of large capacity will adversely impact existing wells on nearby properties, individual water meters for each dwelling unit shall be installed, this impact will be studied in an environmental impact statement, sufficient measures as directed by the Planning Board shall be taken by the applicant to prevent such adverse impact or to indemnify the owners of such impacted wells and/or, where feasible, an off-site source of water supply shall be developed.

Antenna system. A central television antenna, a dish antenna or cable service, where available, shall be provided for each group of attached dwelling units as well as each detached dwelling unit.

[Amended 3-24-1994 by L.L. No. 4-1994]

Open space and recreation area. At least 50% of the gross area of the site shall be preserved as permanent open space, free of buildings and parking area, and shall be landscaped or left in its natural state in accordance with the provisions of § 355-15M.

Character. Such area shall encompass land having meaningful ecological, aesthetic and recreational characteristics, with access, shape, dimensions, location, topography and extent of improvements suitable, in the opinion of the Planning Board, for the intended purposes.

Preservation in developments comprised solely of rental units. Permanent preservation of such open space and recreation areas shall be legally assured, to the satisfaction of the Planning Board, by the filing of appropriate covenants, deed restrictions, easements or other agreements. It shall be the property owner's responsibility to maintain all open space and recreation areas and such other common areas within the owner's control, such as but not limited to foyers, hallways, streets, driveways, curbs, sidewalks, landscaping and lighting, in a safe, clean and orderly condition. Such maintenance shall include removal of snow from internal streets and driveways. In the event that the maintenance, preservation and/or use of the conserved land areas ceases to be in compliance with any of the requirements of this section or any other requirements specified by the Planning Board when approving the site plan, the Town shall be granted the right to take all necessary action to assure such compliance and to assess against the property owner all costs incurred by the Town for such purposes.

Preservation in all other developments. Permanent preservation of such open space and recreation areas shall be legally assured, to the satisfaction of the Planning Board and the Town Attorney, by the filing of appropriate covenants, deed restrictions, easements or other agreements. Except where all or parts of such areas are deeded to and accepted by the Town of North Castle or a recognized conservation organization, ownership of such areas shall be divided proportionally among all property owners within the development, and a property owners' association, membership in which shall be mandatory for all owners in the development, shall be incorporated, which association shall be responsible for maintenance, liability insurance and local taxes. Such association shall be empowered to levy assessments against property owners to defray the cost of maintenance and to acquire liens, where necessary, against property owners for unpaid charges or assessments. In the event that the property owners' association fails to perform the necessary maintenance operations, the Town of North Castle shall be authorized to enter upon such premises for the purpose of performing such operations and to assess the cost of so doing, plus a penalty of 10%, against the association and/or each individual property owner equally.

Improvement. Within such common open space areas, a total of not less than 300 square feet per density unit shall be improved with common recreational facilities, such as swimming pools, tennis, basketball, volleyball and shuffleboard courts, playground equipment, etc., for the use of the residents of the premises and their guests, which facilities shall not be operated for profit. Where special recreational considerations must be met, such as for senior citizens, the site plan shall contain elements encompassing and satisfying these needs.

Design considerations. In order that multifamily developments will be properly planned in relation to the community and personal needs of people, the following design elements shall be considered by the Planning Board and the Architectural Review Board in addition to the normal factors examined in site plan review:

Visual privacy should be preserved for residents through the proper design of rear yards and/or patio spaces. Proper screening through the use of vegetation, fencing and partially or fully enclosed patios should be provided.

Audio privacy should be maintained by requiring proper standards for solid party walls that will satisfactorily limit sound transmission between adjoining dwelling units.

Appropriate scale should be preserved through limiting building height to, in general, no more than two stories of living quarters.

Unenclosed porches, stairs and decks may not encroach into minimum required yards except where built with sufficient vertical clearance and then only up to five feet into such yards.

[Added 3-24-1994 by L.L. No. 4-1994]

Required parking.

Parking spaces shall be provided in number and design according to the provisions of Article IX of this chapter.

At least 1/3 but not more than 2/3 of the minimum required parking spaces shall be enclosed within garages or carports.

All self-propelled maintenance equipment, including accessories, shall be stored in enclosed structures only, which structures shall conform in architectural theme to the residential buildings of the development.

The Planning Board may require, if deemed appropriate, the provision of a suitably screened parking area solely for the storage of boats, motor homes, travel trailers and pickup coaches belonging to inhabitants of the development.

Affordable affirmatively furthering fair housing (AFFH) units and middle-income units.

[Amended 3-24-1994 by L.L. No. 4-1994; 7-20-1995 by L.L. No. 5-1995; 12-18-1997 by L.L. No. 8-1997; 9-10-2008 by L.L. No. 16-2008; 5-14-2014 by L.L. No. 1-2014]

Required affordable AFFH unit component. Within all residential developments of 10 or more units created by subdivision or site plan approval, no less than 10% of the total number of units shall be created as affordable AFFH units. In residential developments of eight units to nine units, at least one affordable AFFH unit shall be created. No preferences shall be utilized to prioritize the selection of income-eligible tenants or purchasers for affordable AFFH units. Notwithstanding the above, all such affordable AFFH units, whether for purchase or for rent, shall be marketed in accordance with the Westchester County Fair and Affordable Housing Affirmative Marketing Plan. Multifamily developments in the CB-A, R-MF-A and R-MF-SS Districts shall require additional AFFH units (pursuant to §§ 355-29B, 355-24 and 355-28, respectively). All middle-income units which have received Planning Board site plan approval, but not building permits, as of the effective date of this subsection shall be subject to the provisions of this subsection and constructed and marketed as AFFH units.

Maximum rent and sales price. The maximum monthly rent for an affordable AFFH unit and the maximum gross sales price for an FAH unit shall be established in accordance with U.S. Department of Housing and Urban Development guidelines as published in the current edition of the Westchester County Area Median Income (AMI) Sales and Rent Limits available from the County of Westchester.

Time period of affordability. Units designated as affordable AFFH units shall remain affordable for a minimum of 50 years from the date of the initial certificate of occupancy for rental properties and from the date of the original sale for ownership units.

Property restriction. A property containing any affordable AFFH units shall be restricted using a mechanism such as a declaration of restrictive covenants in recordable form acceptable to the Town which shall ensure that the affordable AFFH unit shall remain subject to affordable regulations for the minimum fifty-year period of affordability. The covenants shall require that the unit be the primary residence of the resident household selected to occupy the unit. Upon approval, such declaration shall be recorded against the property containing the affordable AFFH unit prior to the issuance of a certificate of occupancy for the development.

Unit appearance and integration.

Within single-family developments, the affordable AFFH units shall also be single-family homes. Each such one-family home shall be located on a lot meeting the minimum lot area for the single-family homes in the development. All such units shall be similar and compatible in appearance, siting and exterior design to the other single-family homes in the development, to the furthest extent possible. Interior finishes and furnishings may be reduced in quality and cost to assist in the lowering of the cost of development of the affordable AFFH units.

Within multifamily developments, the affordable AFFH units shall be physically integrated into the design of the development and shall be distributed among various sizes (efficiency, one-, two-, three- and four-bedroom units) in the same proportion as all other units in the development. The affordable AFFH units shall not be distinguishable from other market-rate units from the outside or building exteriors. Interior finishes and furnishings may be reduced in quality and cost to assist in the lowering of the cost of development of the affordable AFFH units.

Notwithstanding the above, where the Town Board determines that the on-site location of AFFH units is not practical, the Town Board may permit the applicant to construct the AFFH units at another location within the Town. However, the Town shall place a strong preference for AFFH units provided on site.

Minimum floor area.

The minimum gross floor area per affordable multifamily AFFH unit shall not be less than 80% of the average floor area of nonrestricted housing units in the development and no less than the following:

	Multifamily Dwelling Unit	Minimum Gross Floor Area (square feet)
	Efficiency	450
	1-bedroom	675
	2-bedroom	750 (including at least 1.5 baths)
	3-bedroom	1,000 (including at least 2 baths)
	4-bedroom and larger	1,200 (including at least 2.5 baths)

The minimum gross floor area per affordable single-family AFFH unit shall not be less than 80% of the average floor area of nonrestricted housing units in the development or less than the following, whichever is lesser. However, in no case shall the AFFH unit be less than the following:

	Single-Family Dwelling Unit	Minimum Gross Floor Area (square feet)
	Efficiency	800
	1-bedroom	800
	2-bedroom	1,125 (including at least 1.5 baths)
	3-bedroom	1,500 (including at least 2 baths)
	4-bedroom and larger	1,800 (including at least 2.5 baths)

For the purposes of this section, paved terraces or balconies may be counted toward the minimum gross floor area requirement in an amount not to exceed 1/3 of the square footage of such terraces or balconies. As an alternative, the minimum gross floor area per affordable AFFH unit shall be in accordance with the standards set forth by the New York State Division of Housing and Community Renewal and the New York State Housing Trust Fund Corporation in Section 4.03.03 of the most recent edition of its Joint Design Manual.

Occupancy standards. For the sale or rental of affordable AFFH units, the following occupancy schedule shall apply:

	Number of Persons
Number of Bedrooms	Minimum	Maximum
Efficiency	1	1
1	1	3
2	2	5
3	3	7
4	4	9

(8)

Affirmative marketing. The affordable AFFH units created under the provisions of this section shall be sold or rented, and resold and rerented during the required period of affordability, to only qualifying income-eligible households. Such income-eligible households shall be solicited in accordance with the requirements, policies and protocols established in the Westchester County Fair and Affordable Housing Affirmative Marketing Plan so as to ensure outreach to racially and ethnically diverse households.

(9)

Resale requirements.

In the case of owner-occupied affordable AFFH units, the title to said property shall be restricted so that in the event of any resale by the home buyer or any successor, the resale price shall not exceed the then-maximum selling price for said unit, as determined in this section of the Town Code, or the sum of:

The net purchase price (i.e., gross sales prices minus subsidies) paid for the unit by the selling owner, increased by the percentage increase, if any, in the Consumer Price Index for Urban Wage Earners and Clerical Workers in the New York-Northern New Jersey Area, as published by the United States Bureau of Labor Statistics (the "Index") on any date between (a) the month that was two months earlier than the date on which the seller acquired the unit and (b) the month that is two months earlier than the month in which the seller contracts to sell the unit. If the Bureau stops publishing this index, and fails to designate a successor index, the Westchester County Department of Planning shall designate a substitute index; and

The cost of major capital improvements made by the seller of the unit while said seller of the unit owned the unit as evidenced by paid receipts depreciated on a straight-line basis over a fifteen-year period from the date of completion, and such approval shall be requested for said major capital improvement no later than the time the seller of the unit desires to include it in the resale price.

Notwithstanding the foregoing, in no event shall the resale price exceed an amount affordable to a household at 80% of AMI at the time of the resale.

(10)

Lease renewal requirements. Applicants for rental affordable AFFH units shall, if eligible and if selected for occupancy, sign leases for a term of no more than two years. As long as a resident remains eligible and has complied with the terms of the lease, said resident shall be offered renewal leases for terms of no more than two years each. Renewal of a lease shall be subject to the conditions of federal, state or county provisions that may be imposed by the terms of the original development funding agreements for the development or to the provisions of other applicable local law. If no such provisions are applicable and if a resident's annual gross income should subsequently exceed the maximum then allowable, as defined in this chapter, then the renter may complete his or her current lease term, and at the end of that lease term, if a rental unit that is not an AFFH unit is available, the renter may be offered a lease for that rental unit that is not an AFFH unit; or if a rental unit that is not an AFFH unit is not available, he or she may be allowed to sign one additional one-year lease for the AFFH unit currently occupied but shall not be offered a renewal of the lease beyond the expiration of that additional one-year lease term.

(11)

Administrative and monitoring agency. The County of Westchester or its designated agency or delegate shall administer the requirements of this subsection and, among other things, be responsible for monitoring the AFFH units during the units' periods of affordability and for monitoring compliance with the income and eligibility requirements and affirmative marketing responsibilities applicable to the AFFH units.

(12)

Middle-income dwelling units. All existing middle-income units shall be subject to the following provisions:

Distribution. Such units shall be available for resale or continuing rental only to middle-income families as defined in § 355-4 of this chapter.

Occupancy standards. In renting or selling, the following schedule shall apply to middle-income dwelling units:

	Number of Persons
Number of Bedrooms	Minimum	Maximum
Efficiency	1	1
1	1	2
2	1	4
3	2	6
4	4	8

Maximum rent and sales price.

Rental. The maximum monthly rent for a middle-income dwelling unit shall not exceed 1.8%, excluding utilities (gas, oil and electricity), or 2.0%, if utilities are included, of the maximum aggregate family income for a middle-income family as defined in § 355-4 of this chapter for the maximum size of family eligible for such unit as set forth in Subsection I(12)(b) above.

Sales. The maximum gross sales price for a middle-income unit shall not exceed two times the maximum aggregate family income for a middle-income family as defined in § 355-4 of this chapter for the maximum size of family eligible for such unit as set forth in Subsection I(12)(b) above. In addition, a one-percent inflation rate per year of ownership (not compounded) may be added to the original purchase price contingent upon the owner(s) demonstrating to the Housing Board that the MIU has been maintained in excellent condition. Application of the annual percentage increase shall be subject to the discretion of the Housing Board based solely upon the condition of the MIU.

Mortgages. The applicant shall, if possible, obtain from the lending institution chosen for the development a commitment to provide, for all middle-income units, mortgages for up to 95% of unit cost, or for the maximum amount for which the mortgagor qualifies, whichever is less.

Unit sales; residency requirement.

[Amended 4-25-2018 by L.L. No. 3-2018]

Candidates for the purchase of an MIU shall be selected by lottery from a pool of applicants submitted to the North Castle Housing Board.

Owner to be resident. Each MIU shall be the only residence of its owner. All eligible applicants who are owners of any other residence shall satisfy the Housing Board of the purchase of an MIU. For the purposes of these regulations, real estate used by the applicant to derive income shall be excluded. Such income is to be calculated in determining the applicant's gross annual family income.

Continued eligibility.

Rental. Applicants for middle-income rental units referred to in this section shall, if eligible and if selected for occupancy by the owner or manager of the development, sign leases for a term of no more than two years. As long as a resident remains eligible and has complied with the terms of the lease, said resident shall be offered a two-year renewal of the lease. If a resident's annual gross income should subsequently exceed by more than 20% the maximum then allowable, as defined in § 355-4 of this chapter, and if there is at that time an otherwise eligible applicant within one of the categories in Subsection I(12)(d) above, said resident may complete his current lease term and shall be offered a non-middle-income rental unit available in the development at the termination of such lease term, if available. If no such dwelling unit shall be available at said time, the resident may be allowed to sign one additional one-year lease for the middle-income dwelling unit occupied but shall not be offered a renewal of the lease beyond the expiration of said term. An MIU owner shall provide the Housing Board with a letter stating the owner's intent to make an MIU unit available for rerental. Upon receipt of the letter, the Housing Board shall make an appointment to inspect the unit prior to the unit being advertised for rent. The purpose of the inspection shall be to evaluate and document the condition of the unit. In the event an MIU is not habitable or not in resale condition, the Housing Board reserves the right to require the MIU owner to make any necessary repairs.

Sales.

[a]

In the case of owner-occupied middle-income dwelling units, the title to said property shall be restricted, so that in the event of any resale by the home buyer or any successor, the resale price shall not exceed the then-maximum sales price for said unit, as determined in accordance with Subsection I(12)(c)[2] of this section, or the sum of the following, whichever is less:

[i]

The amount of any principal payment made by the home buyer.

[ii]

The remaining principal on any mortgage(s).

[iii]

The value of any eligible fixed improvements, as permitted below, and not included with Subsection I(12)(e)[2][a][i] or [ii] above. Eligible fixed improvements for homeowners of middle-income units:

[A]

In order to qualify as an eligible fixed improvement, each expenditure shall be approved conditionally in advance by the Town Housing Board.

[B]

The homeowner shall submit in advance to the Town Housing Board detailed plans for each proposed eligible fixed improvement and an itemization of the expected costs.

[C]

The Town Housing Board shall review the proposal and conditionally approve eligible fixed improvements within 30 days or shall indicate the reasons denying the proposal.

[D]

If an item wears out prior to the determined life expectancy as indicated in Subsection I(12)(e)[2][a][3][L], approval from the Town Housing Board shall be obtained prior to the replacement of the item. Within 30 days after review of the fixed improvement request, the Town Housing Board shall notify the homeowner in writing whether or not the proposed expenditure is approved conditionally as an eligible fixed improvement.

[E]

Within 60 days after a proposed eligible fixed improvement has been completed, the homeowner shall apply for final approval by the Town Housing Board for the eligible fixed improvement. Complete documentation demonstrating all costs of the improvement shall be submitted to the satisfaction of the Housing Board and include the following information:

{1}	Written request for fixed improvement credit.
{2}	Itemized original receipt or original bill of sale, complete with the seller's name, address, phone number and canceled check.

[F]

Within 60 days after the review of the fixed improvement request, the Town Housing Board shall notify the homeowner in writing about the eligibility of the fixed improvement credit.

[G]

If bartered goods or services were included in the cost, the homeowner shall submit an independent valuation of the value of those goods or services to the satisfaction of the Town Housing Board. If labor of the homeowner, the homeowner's spouse, children or parents for construction work is included within the cost, a detailed account of the work and time spent on the work shall be submitted along with two current estimates of the value of that work by at least two construction contractors licensed by Westchester County to the satisfaction of the Town Housing Board.

[H]

The Town shall have the right to inspect the property at times that are mutually convenient to the Town and the homeowner to confirm that the eligible fixed improvements have been completed in a workmanlike manner and the reasonable value of the improvement. If the Town, in its reasonable discretion, is unsatisfied with the documentation provided by the homeowner, it may base its determination of the value of the improvements upon an estimation provided by an objective third-party professional.

[I]

At the conclusion of this process, the Town Housing Board shall send a written statement of determination regarding the fixed improvement status to the homeowner.

[J]

Eligible fixed improvements shall not exceed a total of 0.5% of the original purchase price for the first complete calendar year during which the homeowner possessed the property if the homeowner purchased the property after September 10, 2008. Thereafter, the yearly limit shall be 1.0% of the original purchase price for each subsequent year of homeownership. The owner may include within the limit for eligible capital improvements an amount up to the total produced by adding together all of the yearly limits for each completed calendar year during which the owner has owned the property. Fixed improvements shall not exceed a total of 0.5% of the original purchase price for the first complete calendar year after September 10, 2008. Thereafter, the yearly limit shall be 1.0% of the original purchase price for each subsequent year of homeownership. The owner may include within the limit for eligible capital improvements an amount up to the total produced by adding together all of the yearly limits for each completed calendar year subsequent to September 10, 2008.

[K]

Improvements eligible for fixed improvement credit are those items which:

	{1}	Add habitable rooms.
	{2}	Significantly reduce energy consumption.
	{3}	Replace old and deteriorated building components, such as the roof or furnace.
	{4}	Renovate a kitchen or bathroom to address health and safety issues.

[L]

The following improvements are normally considered to be of a fixed nature and may be added to the resale price (when they were not included in the original purchase price). The standard life expectancy is indicated in parentheses:

	{1}	Homeowners' association costs. Homeowners' association (HOA) dues are not an eligible fixed improvement; however, eligible repairs or improvements made by the HOA to the housing unit may be eligible for fixed improvement credit. If the homeowners' association pays for an improvement, such as a worn-out roof over the middle-income unit, the total cost of the project may be prorated to determine the cost attributable to the roof over the middle-income unit. A receipt, with a written request, shall be submitted, as explained in Subsection I(12)(e)[2][a][3][E], for review and approval.
	{2}	Room additions, completion of unfinished areas into living areas.
	{3}	Insulation.
	{4}	Upgraded replacement of single-pane and failed thermopane windows (15 years).
	{5}	Modifications needed to accommodate a person with a disability.
	{6}	Central air conditioning (20 years).
	{7}	Ceiling fans.
	{8}	Kitchen appliances (10 years).
	{9}	Permanent storage sheds.
	{10}	Replacement of worn bathroom vanities, built-in cabinets (20 years).
	{11}	Replacement of worn kitchen cabinets, built-in permanent cabinets (20 years).
	{12}	Repair of existing patios, porches and decks (20 years).
	{13}	Replacement of worn floor coverings (10 years).
	{14}	Siding replacement (20 years).
	{15}	Roof replacement (20 years).
	{16}	Furnace replacement (20 years).
	{17}	Water heaters (10 years).

[M]

Improvements considered to be nonfixed or cosmetic are not eligible. Additionally, luxury and high-end items chosen over standard grades will not be eligible for fixed improvement credits as determined by the Town Housing Board.

[iv]

Reasonable and necessary expenses incidental to the resale.

[b]

The deed of ownership of any MIU shall contain a covenant and restriction that it is subject to the middle-income housing provisions of Chapter 355, Zoning, of the Code of the Town of North Castle, as amended from time to time, and that such provisions include restrictions on occupancy and resale. The covenants and restrictions imposed on an MIU shall be in form and content as to enable the same to be recorded with the County Clerk, Division of Land Records, Westchester County, and shall be satisfactory to the attorneys to the Town of North Castle.

[c]

An MIU owner shall provide the Housing Board with a letter stating the owner's intent to make an MIU unit available for resale. Upon receipt of the letter, the Housing Board shall make an appointment to inspect the unit prior to the unit being advertised for sale. The purpose of the inspection shall be to evaluate and document the condition of the unit. In the event an MIU is not habitable or not in resale condition, the Housing Board reserves the right to reduce the unit's selling price.

Administration.

The Town Board shall establish a Town Housing Board, which shall be responsible for the administration of the middle-income housing requirements of this section as well as for the promulgation of such rules and regulations as may be necessary to implement such requirements.

At the time of the issuance of a building permit, the Building Inspector shall send a copy of such certificate to the Town Housing Board, which shall then inform the applicant of the maximum rental or sales charge which may be established for the middle-income dwelling units in such development and the maximum annual gross family income for eligibility for occupancy of said units.

The Town Housing Board shall certify as eligible all applicants for rental or sale middle-income dwelling units and shall annually reexamine or cause to be reexamined each occupancy family's income.

On or before March 30 of each year thereafter, the Town Housing Board shall notify the owner or manager of each multifamily development containing middle-income units as to the rent, sales and income eligibility requirements for such units based upon figures derived from the Town budget for that year.

The owner or manager of such multifamily development shall certify to the Town Housing Board on or before May 31 of each year that the current rental or sales prices of all middle-income dwelling units comply with the terms of this chapter.

Appeals. The Town Board shall review and decide appeals from any determination of the Housing Board. Applicants requesting an appeal must do so, in writing, within 14 days of receipt of the determination of the Housing Board from which the appeal is filed. The Town Board shall hear the appeal within 30 days of the filing of the notice of appeal with the Town and shall render its decision within 15 days thereafter.

Editor's Note: The title of this section was amended 12-3-2002 by L.L. No. 11-2002.

§ 355-25 Additional R-MF-A Residence District regulations.

[Added 8-14-2002 by L.L. No. 7-2002]

In an R-MF-A Multifamily District, all such uses shall be subject to site plan approval in accordance with Article VIII of this chapter.

Intent. This district is established in order to further promote the goals and purposes of the Multifamily R-MF Zone and to further promote the goals of the Town Development Plan by providing a multifamily residential density at the upper end of the density range as set forth in such Town Development Plan for "Hamlet Density."

Applicability. All standards and requirements as set forth in § 355-24 above for the R-MF Multifamily District shall be likewise applicable to the R-MF-A District, except as follows:

Allowable density. The average gross density shall not exceed one density unit, as defined in § 355-4 of this chapter, per 14,000 square feet of land area as defined in Subsection B(2) of § 355-24 above.

[Amended 5-14-2014 by L.L. No. 1-2014]

Improved recreation area. Instead of the requirements of § 355-24F(4), all such uses shall comply with the requirements of Chapter 225, Parkland Reservations, of the Town Code.

Detached units. A property owner will be permitted to incorporate detached units as defined in § 355-4 at a percentage not to exceed 60% of the total proposed dwelling units, including attached, semidetached, detached and multifamily dwelling units, exclusive of AFFH units, provided that the previously approved number of AFFH units is increased by at least 100%.

[Amended 5-14-2014 by L.L. No. 1-2014]

Integrated lots. If middle-income units are included within a proposed development, and such middle-income units are located on a separate site, the density requirements of this section shall apply to the combined area of the two sites. All middle-income units shall be located within 1,000 feet of a retail business zone.

Setbacks. The Planning Board, as a part of its site plan review and approval process, is hereby granted the authority to modify all applicable dimensional requirements for sites that contain exclusively middle-income units and that involve the renovation and/or expansion of existing structures. The determination to modify such setback requirements shall take into consideration the desire to maximize the number of MIUs, as well as the existing shape of the lot, its size, its topography and the location of existing structures.

§ 355-25.1 Additional R-MF-DA Residence District regulations.

[Added 6-12-2019 by L.L. No. 4-2019]

In a R-MF-DA Multifamily District, all such uses shall be subject to site plan approval in accordance with Article VIII of this chapter.

Intent. This district is established for the purpose of furthering the goals of the 2018 Town of North Castle Comprehensive Plan by increasing housing opportunities that respond to North Castle's changing population, including young adults and empty nesters, through infill development in strategic locations with accessible infrastructure in the Downtown Armonk Hamlet area.

Allowable density. The maximum permitted amount of development shall be a floor area ratio of 0.4. The lot area used in the calculation of floor area ratio in the R-MF-DA District shall be "net lot area" as defined in this chapter. Unit count shall not exceed one unit per each 4,200 square feet of net lot area. Bedroom count shall not exceed one bedroom for each 2,350 square feet of net lot area.

AFFH Units. AFFH units shall be provided as set forth in § 355-24I of this chapter.

Water and sewage facilities. All dwelling units shall be served by public water and sewage treatment facilities only, and no certificate of occupancy shall be issued until all dwelling units are connected to approved and functioning public water and sewage treatment systems.

Required parking. Parking spaces shall be provided in number and design according to the provisions of Article IX of this chapter.

§ 355-26 Additional one- and two-family residence district regulations.

[Added 12-3-2002 by L.L. No. 11-2002; amended 6-30-2004 by L.L. No. 5-2004; 12-13-2006 by L.L. No. 28-2006]

Legislative intent.

It is the legislative intent of the Town Board to establish additional regulations controlling building height, gross floor area, gross land coverage and the construction of new, substantially expanded or reconstructed one- and two-family dwellings in one- and two-family residence districts for the purpose of protecting the established and attractive character of the Town's various neighborhoods and assuring privacy and adequate access to light and air for all present and future Town residents.

It is also the legislative intent of the Town Board to further the achievement of the objectives of the State Freshwater Wetlands Act (Article 24 and Title 23 of Article 71 of the Environmental Conservation Law), the State Environmental Quality Review Act (Article 8 of the Environmental Conservation Law), Chapter 340, Wetlands and Watercourse Protection, of the Town Code, the North Castle Town Development Plan and § 355-18 of this chapter.

[Amended 5-23-2012 by L.L. No. 2-2012]

Maximum gross floor area. The following table establishes the maximum permitted gross floor area for one- and two-family dwellings on lots of the sizes indicated, irrespective of zoning district. Any development under the maximum permitted amount shall be permitted subject only to obtaining a building permit unless the Residential Project Review Committee determines that a project requires approval by the Planning Board, Conservation Board or Architectural Review Board. In such case, Planning Board, Conservation Board or Architectural Review Board approval must be obtained. In any event, the maximum permitted gross floor area shall not be exceeded.

[Amended 5-14-2008 by L.L. No. 7-2008; 11-9-2010 by L.L. No. 9-2010]

For any new building lot created by subdivision subsequent to the effective date of this section, the "lot area" used for measurement purposes in the following table shall be "net lot area," as defined herein. For any existing lot in a one- or two-family residence district, it shall be "lot area," as defined herein.

The owner of any one- or two-family dwelling which exists or is under construction as of the effective date of this section shall be permitted a one-time gross floor area expansion of up to 10%, provided that such expansion does not exceed the maximum permitted gross floor area by more than 10%. If no wetland or steep slope disturbance permit is required, such expansion shall not require Planning Board approval. If such type of permit is required, then the application shall require Planning Board site plan approval.

The Planning Board may, by special permit and subject to the standards as set forth in Subsection H below, allow an increase in the maximum permitted gross floor area for estate lots of 10 acres or larger.

Notwithstanding the Table of Maximum Permitted Gross Floor Area limitations and the requirements of § 355-67, Restoration of damaged buildings, any one- or two-family dwelling which is damaged or destroyed by fire or other natural causes shall be permitted to be reconstructed as it existed prior to such damage or destruction. If the size, design and/or configuration of the reconstructed building and premises is the same as existed prior to the damage or destruction, no approval other than a building permit shall be required. If, however, the size of the dwelling is proposed to be increased or if, in the judgment of the Building Inspector, there is a significant change in the design or configuration of the dwelling or the site, then said application shall be referred to the Planning Board for site plan review and approval. Any proposal to reconstruct a damaged or destroyed dwelling with additional floor area shall be subject to all applicable requirements of this chapter.

	Table of Maximum Permitted Gross Floor Area for One- and Two-Family Dwellings [Amended 7-29-2009 by L.L. No. 9-2009; 11-9-2010 by L.L. No. 9-2010]
	Lot Size	Maximum Permitted Gross Floor Area for One-Family Dwellings¹ (square feet)
	Less than 5,000 square feet	1,875 or 50% of the lot area, whichever is greater
	5,000 to 9,999 square feet	2,500 plus 25% of the lot area in excess of 5,000 square feet
	10,000 to 14,999 square feet	3,750 plus 20% of the lot area in excess of 10,000 square feet
	15,000 square feet to 0.499 acre	4,750 plus 15% of the lot area in excess of 15,000 square feet
	0.5 to 0.749 acre	5,768 plus 10% of the lot area in excess of 0.5 acre
	0.75 to 0.999 acre	6,856 plus 8% of the lot area in excess of 0.75 acre
	1.0 to 1.499 acres	7,727 plus 6% of the lot area in excess of 1.0 acre
	1.5 to 1.999 acres	9,034 plus 5% of the lot area in excess of 1.5 acres
	2.0 to 3.999 acres	10,122 plus 4% of the lot area in excess of 2.0 acres
	4.0 acres or more	13,607 plus 3% of the lot area in excess of 4.0 acres

NOTES:

¹Permitted gross floor area for two-family dwellings in the R-2F District shall be 1/3 greater than that permitted for one-family dwellings.

Gross land coverage.

Maximum gross land coverage.

[Amended 2-11-2009 by L.L. No. 3-2009; 11-9-2010 by L.L. No. 9-2010]

The following table establishes the maximum permitted gross land coverage for one- and two-family residences on lots of the sizes indicated, irrespective of zoning district. Any development under the maximum permitted amount shall be permitted subject only to obtaining Building Department approval unless the Residential Project Review Committee determines that a project requires approval by the Planning Board, Conservation Board or Architectural Review Board. In such case, Planning Board, Conservation Board or Architectural Review Board approval must be obtained.

Notwithstanding said limitations, an additional 10 square feet of gross land coverage shall be permitted for each one foot of front yard setback of the principal dwelling in excess of the minimum front yard setback required. For any new building lot created by subdivision subsequent to the effective date of this section, the "lot area" used for measurement purposes in the following table shall be "net lot area," as defined herein. For any existing lot in a one- or two-family residence district, it shall be "lot area," as defined herein.

	Table of Maximum Permitted Gross Land Coverage for One- and Two-Family Dwellings [Amended 7-29-2009 by L.L. No. 9-2009; 11-9-2010 by L.L. No. 9-2010]
	Lot Size	Maximum Permitted Gross Floor Area for One-Family Dwellings¹ (square feet)
	Less than 5,000 square feet	50% of the lot area
	5,000 to 9,999 square feet	2,500 plus 30% of the lot area in excess of 5,000 square feet
	10,000 to 14,999 square feet	4,000 plus 24% of the lot area in excess of 10,000 square feet
	15,000 square feet to 0.499 acre	5,200 plus 18% of the lot area in excess of 15,000 square feet
	0.5 to 0.749 acre	6,420 plus 15% of the lot area in excess of 0.5 acre
	0.75 to 0.999 acre	8,050 plus 12% of the lot area in excess of 0.75 acre
	1.0 to 1.999 acres	9,350 plus 9% of the lot area in excess of 1.0 acre
	2.0 acres or more	13,270 plus 7.5% of the lot area in excess of 2.0 acres

NOTES:

¹Permitted gross land coverage limitations for two-family dwelling lots in the R-2F District shall be 25% greater than that permitted for one-family dwelling lots.

Gross land coverage benefiting other or multiple lots. The square footage of any gross land coverage on any lot containing a one- or two-family dwelling in a residence district, which land coverage is for the benefit of multiple lots (e.g., common portions of common driveways, subdivision stormwater basin access roads, etc.), shall be excluded in its entirety in the computation of the maximum permitted amount of gross development coverage. The square footage of any gross land coverage on any lot containing a one- or two-family dwelling, which improvement is solely for the benefit of a lot other than the lot upon which that gross land coverage has been constructed, shall be applied in its entirety to the computation of the maximum permitted gross land coverage of the lot which benefits from the improvement.

[Added 6-27-2007 by L.L. No. 9-2007]

The owner of any one- or two-family dwelling shall be permitted a one-time gross land coverage expansion of up to 250 square feet without the need to seek RPRC review as long as the expansion does not require wetland or steep slope disturbance permits.

[Added 4-8-2015 by L.L. No. 5-2015]

Maximum exterior wall height. Notwithstanding the maximum permitted building height as set forth elsewhere in this chapter, the maximum permitted vertical differential between the lowest grade elevation at any point along the exterior wall of a building and the point on the roof from which the building's height is measured shall not exceed 38 feet in the R-4A and R-2A Districts; 36 feet in the R-1.5A and R-1A Districts, and 34 feet in all other districts. This provision shall apply only to new dwellings or expansions of existing dwellings for which a building permit is applied for after the effective date of this section. This provision shall not be deemed to render any legally existing dwelling nonconforming nor to prevent any expansion of such dwelling which does not extend or increase any height nonconformity. Notwithstanding the foregoing, the Planning Board is hereby granted the authority, in connection with its review of any site plan for a one- or two-family dwelling, to allow a greater maximum exterior wall height than set forth above, provided that said Board determines that the intent of this provision will be met, after taking into consideration the topographic conditions of the building site, the amount of building setback provided and the size of the parcel involved.

Increased building height. For the purpose of bringing a greater number of existing and under-construction one-family dwellings into conformance with the Town's building height restrictions, and so as to help assure that the construction of new and/or expanded one-family dwellings will be consistent with the height of other such dwellings in the neighborhoods in which they are located, an increase in building height shall be permitted in the R-1A through R-4A Districts as follows:

Any one-family dwelling which is existing or for which a building permit has been issued on or before December 15, 2002, and which exceeds the basic permitted building height of 30 feet but does not exceed an average building height of 35 feet, with the highest roof section (plane) not exceeding 40 feet, all measured as defined herein, shall be automatically deemed to be conforming with respect to its building height without any further action being required.

Where the average height of the five dwellings located closest to a proposed new or expanded one-family dwelling, as measured from the street line(s) of the lot on which it is located, but not to include any dwelling which is more than 500 feet distant from such street line(s), exceeds 30 feet in height as of December 15, 2002, and as certified by a New York State licensed professional architect or engineer, the Town of North Castle Building Engineer is hereby authorized to permit an increase in building height up to but not exceeding the average height of those five dwellings but in no case more than 35 feet, provided that the highest roof section (plane) does not exceed five feet above the permitted building height, all as measured and defined herein.

Additional lot area requirements.

The minimum lot area for any new lot proposed to be created by subdivision subsequent to the effective date of this section shall be based upon "net lot area," as defined herein.

Any new lot proposed to be created by subdivision subsequent to the effective date of this section shall also contain a minimum contiguous buildable area, excluding wetlands, water bodies, watercourses and adjacent areas, all as defined in Chapter 340, Wetlands and Watercourse Protection, of the Town Code and floodplains and steep slopes, as defined herein, of not less than the following size and with not less than a minimum dimension in every direction of at least 1/2 the minimum lot width required in the zoning district in which it is located.

Table of Minimum Contiguous Buildable Areas
Residence District	With On-Lot Sewage Disposal and Well (square feet)	With On-Lot Sewage Disposal and Central Water Service (square feet)	With Central Sewer Service and On-Lot Well (square feet)	With Central Sewer and Central Water Service (square feet)
R-4A	40,000	35,000	25,000	22,000
R-2A	35,000	30,000	22,000	20,000
R-1.5A	30,000	25,000	20,000	18,000
R-1A	25,000	20,000	17,000	16,000
R-3/4A	22,000	18,000	15,000	14,000
R-1/2A	20,000	16,000	13,000	12,000
R-10	10,000	10,000	9,000	8,000
R-5	5,000	5,000	4,500	4,000
R-2F	5,000	5,000	4,500	4,000

Residential projects.

[Amended 5-14-2008 by L.L. No. 7-2008]

All residential projects not requiring a special use permit from the Planning Board shall be first reviewed by the Residential Project Review Committee (RPRC) pursuant to Chapter 12, Article IV, § 12-22, of the Town Code. The RPRC shall determine whether a project shall be exempt from Planning Board and/or Architectural Review Board approval pursuant to § 12-23 of the Town Code.

If any project requires the issuance of a special use permit or is referred to the Planning Board by the RPRC, then Planning Board approval pursuant to Subsection H below shall be required. All gross floor area measurements shall be subject to verification by the Town Building Inspector. Any expansion involving an increase in the number of bedrooms or any new dwelling construction or teardown shall be subject to Westchester County Health Department approval.

Standards and procedures.

Application. Each applicant seeking Planning Board approval, pursuant to the requirements of this section, shall first submit to the Planning Board site and building plans, prepared and sealed by a properly qualified professional, accurately depicting the location of the proposed new, expanded or reconstructed dwelling and any other existing or proposed buildings, structures and accessory uses (including subsurface sewage disposal and stormwater drainage systems) on the site, including all of the information identified below, unless waived by the Planning Board. When determined appropriate by the Planning Board, the applicant shall submit to the Architectural Review Board essential plans and information, including, but not limited to, floor plans and building elevations, as specified in Chapter 12, Article III, § 12-18, of the Town Code.

[Amended 5-14-2008 by L.L. No. 7-2008]

Topography of the proposed building site with contours at a vertical interval of not more than two feet;

The location of any significant natural features on and within 100 feet of the proposed building site (limit of construction), such as wetlands, water bodies, watercourses, adjacent areas, floodplains, steep slopes, hilltops, ridgelines, buffer areas, rock outcroppings, wooded areas, and individual trees to be removed and those to be preserved;

The location and use of existing structures on neighboring properties, including a photograph(s) of each;

Proposed building and lot cross sections, if and as appropriate to illustrate the relationship of the proposed building(s) to the site's topography and to neighboring streets and properties;

Proposed architectural elevations of all building sides;

Proposed building floor plans;

Proposed landscaping plan;

A detailed calculation of proposed gross floor area and gross land coverage, unless waived by the Building Inspector based upon his judgment that the maximum permitted gross floor area and/or gross land coverage, as appropriate, will clearly not be exceeded;

[Amended 11-9-2010 by L.L. No. 9-2010]

The location of existing and proposed septic systems, including reserve areas;

The name and address of the applicant, property owner(s) if other than the applicant, and of the engineer, architect, landscape architect, surveyor and/or other qualified professional(s) who prepared the application, including their certification that the plans and calculations are accurate and correct;

(k)

The location of all existing easements; and

(l)

Such other information as the Planning Board or Architectural Review Board may deem necessary or appropriate in order to arrive at its decision.

Procedure.

Within no more than 45 days of receipt of the copy of the application by the Architectural Review Board, said Board shall complete and submit its report and recommendations to the Planning Board in accordance with Chapter 12, Article III, of the Town Code.

Following receipt of the Architectural Review Board's report and recommendations, the Planning Board shall schedule the application for discussion at a public hearing. The applicant shall be responsible for sending notice of such hearing by first class mail to all owners of neighboring properties within 250 feet if located in an R-3/4A or smaller minimum lot size zoning district and within 500 feet if located in an R-1A or larger minimum lot size zoning district. Such notice shall indicate the street address and tax lot number of the subject premises; the nature of the proposed application (including height and gross floor area of the proposed dwelling, lot area and any variances which will be required); the date, time and place of the Planning Board hearing; and the name, address and telephone number of the applicant. The notice of hearing shall be mailed at least 10 days before such hearing by the applicant in official envelopes provided by the Town of North Castle. Proof of mailing to all required property owners shall be demonstrated by providing the Town with a certificate of mailing (PS Form 3817 or 3877).

[Amended 2-25-2015 by L.L. No. 2-2015; 11-18-2015 by L.L. No. 9-2015]

Based upon the standards and criteria as set forth below and within no more than 90 days of its receipt of the application, the Planning Board shall render its determination.

Standards and criteria. In reviewing such applications, the Planning Board shall consider, and base its determination upon, the legislative intent of the Town Board as set forth in this chapter and, in particular, the following:

The visibility of the proposed new, expanded or reconstructed building(s) from neighboring streets and properties;

The present use and zoning of neighboring properties;

The size, location, height, bulk, appearance, character and design of all buildings and facilities;

The topography, landscaping and open spaces in relation to each other and to adjacent properties and the surrounding neighborhood;

The objective of preservation of environmentally sensitive lands, including wetlands, watercourses, water bodies, adjacent areas, steep slopes, hilltops, ridgelines and floodplains;

The objective of preservation of trees and other vegetation, and the protection of areas and features of historical, archaeological and/or cultural sensitivity;

The degree to which existing or proposed landscaping, house siting, grading and building design may serve to mitigate any potential adverse environmental impacts and/or visual impacts as viewed by persons on neighboring streets and properties;

The safety and adequacy of proposed driveway grades, curvature and sight lines;

The location and design of proposed off-street parking areas;

The adequacy and design of other proposed site improvements, including drains, culverts, retaining walls, fences, storage sheds, etc.;

(k)

The viability of proposed water supply and sewage disposal facilities and the proposed location of such facilities;

(l)

The adequacy and design of proposed lighting, power and communications facilities; and

(m)

Other such similar factors as may be determined appropriate by the Planning Board.

Planning Board decision. Based upon the above-established standards and criteria, and taking into consideration any report and recommendations of the Architectural Review Board and the Conservation Board, the Planning Board shall approve, disapprove or approve with required modifications any such application. Such modifications may include a required reduction in proposed gross floor area, gross land coverage, building coverage and/or building height as proposed by the applicant, additional landscaping, and/or the redesign or relocation of any proposed new building or building expansion on the site.

Performance bond. Subsequent to any such Planning Board approval, the Building Inspector may require, as a condition to the issuance of a building permit or a certificate of occupancy, the posting of a performance bond in an amount as said Building Inspector determines is necessary to restore the property to a safe, sanitary, stable and attractive condition in the event that construction is halted or delayed for any reason.

Amendments. Amendments to residential development plans (formerly known as "residential site plans") that do not require the issuance or modification of a special use permit shall be reviewed by the Residential Project Review Committee pursuant to Chapter 12, Article III, § 12-22, of the Town Code.

[Added 5-14-2008 by L.L. No. 7-2008]

Portable storage structures.

[Added 4-29-2020 by L.L. No. 3-2020]

PORTABLE ON-DEMAND STORAGE STRUCTURES

Definitions. As used in this section, the following terms shall have the meanings indicated:

Temporary, transportable storage units designed and used primarily for temporary storage of building materials, household goods, personal items and other materials for use on a limited basis on one- and two-family residential property when associated with the renovation or rehabilitation of an existing structure, or the construction of a new structure.

Accessory structures, such as sheds and liquid or gas containers, complying with all building codes and land use requirements, are not considered portable on-demand storage structures.

Any portable on-demand structure greater than 10 cubic yards is subject to these regulations. Portable on-demand units greater than eight feet in height, eight feet in width or 16 feet in length (37.92 cubic yards) are strictly prohibited.

Permit required; application; fee. Before placing a portable on-demand storage structure on his or her property, a property owner or tenant must submit an application and receive a permit from the Town of North Castle Building Department. A fee shall be charged in connection with the review of all portable on-demand storage structure applications and other actions of the Town described in or contemplated by this section in such amounts as set forth in the Master Fee Schedule.[1] Applications may be obtained from the North Castle Building Department. The permit for the portable on-demand storage structure shall be posted on the container.

Editor's Note: See Ch. A370, Master Fee Schedule.

Duration. Permits will be granted for a period of 30 days. At the expiration of the thirty-day period, applicants may seek to extend their permit for an additional 30 days by seeking an extension for cause from the Town. In no event shall a permit exceed a total of six months. The permit shall terminate upon the expiration of the permit or the issuance of a certificate of occupancy for the associated renovation or rehabilitation or construction of the new structure, whichever is less. Extension of a permit for a portable on-demand storage structure shall be set forth in the Master Fee Schedule.[2]

Editor's Note: See Ch. A370, Master Fee Schedule.

Location. Portable on-demand storage structures are prohibited from being placed in streets or in the front yards of a property, except for on a driveway; however, a portable on-demand storage structure in the front yard may be permitted in the R-5, R-2F and R-10 Zoning Districts. The applicant must obtain preapproval of the storage structure location by the Town of North Castle Building Department.

Number of units. Only one portable on-demand storage structure may be placed at any residential property at a given time.

Exceptions. The above regulations do not apply to open containers commonly known as "dumpsters" used for the removal of construction debris or other refuse.

§ 355-27 Additional R-MF-SCH Residence District regulations.

[Added 12-13-2006 by L.L. No. 26-2006]

In an R-MF-SCH District, all uses shall be subject to site plan approval in accordance with Article VIII of this chapter.

Legislative intent. This district is established for the purpose of furthering the goals of the North Castle Comprehensive Plan by providing a multifamily residence district specifically designed for, and limited in occupancy to, senior citizens. It is intended that this zoning district will be a mapped district whose implementation will require a legislative determination and rezoning by the Town Board on a case-by-case basis after consideration of the specific site, the specific development plan and the specific housing program.

[Amended 4-27-2022 by L.L. No. 4-2022]

Standards and requirements. The following specific standards and requirements shall be applicable to all proposed development in the R-MF-SCH District:

An application for the establishment of an R-MF-SCH District shall be accepted only for property served by public water supply and sewage treatment facilities. No certificate of occupancy shall be issued until all dwelling units are connected to such approved and functioning public water supply and sewage treatment systems.

The maximum permitted amount of development on a site in an R-MF-SCH District shall be in the range of 0.15 FAR to 0.4 FAR, which specific amount shall be determined by the Town Board at the time of each zoning approval. FAR shall be based upon "net lot area," as defined herein. The determination of maximum permitted FAR, as well as other dimensional standards for each individual zone, shall be based upon the Town Board's consideration of the character of the neighborhood in which the zone will be located; the zone's relationship to adjoining zones, properties and land uses; the zone's topography; the zone's proximity to shopping and transportation services; and other such factors which said Board may determine to be appropriate. Any conversion of an existing office building of at least 75,000 square feet in size to multifamily senior citizen use shall not have a maximum FAR in the R-MF-SCH zoning district and the Town Board shall set and determine the dimensional standards and design considerations for any such conversion at the time of rezoning and notwithstanding requirements set forth in other sections of the Town Code.

[Amended 8-9-2023 by L.L. No. 7-2023]

Each senior citizen dwelling unit shall contain not fewer than one bedroom nor more than two bedrooms. The Planning Board shall be responsible for determining the number of bedrooms in each dwelling unit in connection with its review of the site development plan.

The minimum floor area requirement shall be 800 square feet per one-bedroom unit and 1,000 square feet per two-bedroom unit, except that for AFFH unit, minimum floor areas shall be as set forth in § 355-24I(6) of this chapter.

[Amended 5-14-2014 by L.L. No. 1-2014]

Affordable affirmatively furthering fair housing (AFFH) units shall be provided pursuant to § 355-24I of this chapter.

[Amended 11-20-2013 by L.L. No. 11-2013; 5-14-2014 by L.L. No. 1-2014]

All dwelling units shall be designed to be conducive to, and attractive for, occupancy by senior citizens.

All design considerations, as required in multifamily residence districts pursuant to § 355-24G of this chapter, shall be applicable within the R-MF-SCH District, except for the enclosed parking requirement.

§ 355-28 Additional R-MF-SS Residence District regulations.

[Added 6-9-2010 by L.L. No. 4-2010]

In an R-MF-SS District, all such uses shall be subject to site plan approval in accordance with Article VIII of this chapter.

Intent. This district is established in order to increase the supply of dwelling units suitable for smaller families or individuals, to secure superior land planning and to increase the supply of moderate-cost housing. In addition, this district shall promote the creation of AFFH dwelling units in proximity to the downtown area in order to mitigate existing parking conditions and to promote business activity within the hamlet area.

[Amended 5-14-2014 by L.L. No. 1-2014]

Allowable density: a FAR of 0.9, computed in accordance with the net density requirements of § 355-24B(2) of this chapter, all within the same single structure.

AFFH units. The single-structure building shall be provided with one AFFH unit for every five market-rate units or fraction thereof (20%). In an effort to promote the type of housing envisioned in this zone, an applicant shall be permitted to reduce the AFFH requirement to one AFFH unit for every 10 market-rate units or fraction thereof (10%), provided that the single-structure building has been granted a permanent certificate of occupancy no later than June 30, 2025, subject to a reasonable extension for good cause shown, provided the project is at least 75% complete as determined by the Building Inspector.

[Amended 5-14-2014 by L.L. No. 1-2014; 9-10-2014 by L.L. No. 3-2014; 4-14-2021 by L.L. No. 1-2021; 1-25-2023 by L.L. No. 1-2023]

Water and sewage facilities. All single-structure multifamily dwellings shall be served by public water and sewage treatment facilities only, and no certificate of occupancy shall be issued until all dwelling units are connected to approved and functioning public water and sewage treatment systems.

Antenna system. A central television antenna, a dish antenna or cable service shall be provided.

Parkland reservations: compliance with the requirements of Chapter 225, Parkland Reservations, of the Town Code.

Visual privacy shall be preserved for residents through the proper design of rear yards, terraces, decks or patio spaces. Proper screening through the use of vegetation and fencing shall be provided.

Audio privacy shall be maintained by requiring proper standards for party walls that will satisfactorily limit sound transmission between adjoining dwelling units.

Private outdoor space shall be provided through the use of decks, terraces or patios for each unit within the single structure, if deemed appropriate by the Planning Board.

Required parking. Parking spaces shall be provided in number and design according to the provisions of Article IX of this chapter.

Detached accessory garages shall not require a rear yard or side yard setback if the subject parcel and detached accessory garages are directly adjacent to public land and the location of such garages is deemed appropriate by the Planning Board.

[Amended 9-10-2014 by L.L. No. 3-2014]

Minimum gross floor area per dwelling market-rate unit shall not be less than the following:

[Added 9-10-2014 by L.L. No. 3-2014]

Efficiency: 600 square feet.

One-bedroom: 900 square feet.

Two-bedroom: 1,100 square feet, including at least two baths.

Three-bedroom: 1,300 square feet, including at least two baths.

Four-bedroom: 1,500 square feet, including at least 2 1/2 baths.

§ 355-29 Additional business district regulations.

Shopping Center (SC) District. Notwithstanding any contrary provisions of the Code, the review and approval of uses in the SC District shall be governed by the following regulations:

[Amended 6-30-1998 by L.L. No. 10-1998]

Off-street parking and loading. Parking and loading requirements for shopping centers in the SC District shall be governed by the provisions of Article IX, except as set forth below. Notwithstanding the provisions of Article IX, as well as §§ 355-57 and 355-58, the parking and loading requirements for a shopping center in the SC District with an aggregate gross floor area in excess of 50,000 square feet and which includes multiple business establishments shall be as follows:

Off-street parking spaces: not less than one off-street parking space for each 200 square feet of gross floor area or major portion thereof, except that the following requirements shall apply to these specific areas of the shopping center:

For mezzanine floor area in a supermarket, the requirement shall be one space for each 250 square feet of gross office floor area and one space for each 1,200 square feet of gross storage and/or employee lounge floor area.

For dedicated space in a supermarket associated with customer return of recyclable materials, such as bottles and cans, the requirement shall be one space for each 1,200 square feet of floor area.

For any supermarket's food storage chest which is situated outside the principal building, the requirement shall be one space for each 1,200 square feet of floor area.

Off-street loading spaces. A minimum of one off-street loading space shall be provided for each 15,000 square feet of gross floor area or major portion thereof.

Traffic access. Traffic access to any shopping center use in an SC District shall be from a public street of adequate capacity and design to safely and conveniently accommodate the expected traffic from such use.

For the purpose of advancing the Town's long-range planning goals in accordance with North Castle's Comprehensive Plan, including but not limited to the goals of providing additional traffic capacity on Route 22, improving vehicular and pedestrian safety, promoting a harmonious relationship between neighboring land uses, providing a high-quality infrastructure of utility services and protecting environmentally sensitive areas, a system of zoning incentives is hereby established for the SC District in North White Plains. The Town Board hereby finds that the SC District in North White Plains would benefit from the provision of certain community amenities by applicants, above and beyond that which they would otherwise be required to provide in accordance with the Town's applicable zoning laws. The Town Board hereby further determines that the incentives are compatible with the development otherwise permitted in the SC District in North White Plains in connection with the development of lands classified in the SC District. Such incentives or bonuses shall be implemented as the Town Board deems necessary and appropriate to advance the Town's long-range planning goals:

Procedure. The granting of zoning incentives within the SC District as set forth in this section shall be at the request of an applicant and subject to approval by the Town Board. Prior to making such determination, the Town Board shall forward the applicant's request to the Planning Board for its review and recommendation.

Public hearing. A public hearing shall be held by the Town Board, with notice published in the official Town newspaper at least five days prior to the date of such hearing.

Criteria. In making its determination, the Town Board shall consider the benefits of the community amenities proposed by the applicant in relation to the nature and magnitude of the incentives being sought. Based upon data provided by the applicant, but subject to independent review by the Town, the Town Board shall determine whether the benefits of the proposed amenities to both North Castle and the Town's North White Plains neighborhood properly balance against any potential burden created by the granting of the requested zoning incentives.

Community amenities. The following is a list of community amenities which the Town Board has determined would promote its long-range planning goals for the SC District in North White Plains and which would properly qualify for consideration in connection with the zoning incentive program:

As a result of existing traffic conditions on public highways, particularly Route 22, off-site road improvements in excess of those required to mitigate the impacts of any proposed project and which road improvements will increase capacity and improve both vehicular and pedestrian safety.

As a result of adjacent location of residences, improvements which will mitigate and buffer the potential sight and sound of commercial activities, including but not limited to the enclosure of off-street loading facilities, the construction of acoustical fencing and the planting of additional landscape screening.

As a result of the adjacency of the North White Plains SC District to a large wetlands area, an increase in the extent and an improvement in the quality of the wetlands buffer, including improvement of the quality of stormwater runoff.

The improvement of existing public utilities within and/or adjacent to this district, including their repair or replacement, as appropriate, and the increase of their capacity.

The conveyance of property or easements for road widening, utility crossings and/or other similar public purposes.

Zoning incentives. In consideration of the provision by the applicant of some or all of the community amenities described above, the Town Board may grant the following zoning incentives:

A reduction in the minimum required front yard setback along adjacent streets from 75 feet to not less than 30 feet.

A reduction in the minimum required rear yard setback abutting a residence district from 50 feet to not less than 22 feet.

An increase in the maximum permitted building coverage from 20% to not more than 22%, except that any enclosed off-street loading facilities which qualify as a community amenity in accordance with these zoning incentive provisions shall not be subject to this building coverage limitations.

An increase in the maximum permitted floor area ratio (FAR) from 0.25 to 0.27.

Notwithstanding the provisions of any ordinance or local law regulating signage in the Town (other than the Building and Fire Code), the signage for any SC District shopping center shall be subject to review and approval by the Planning Board as part of the site plan approval process (including review and recommendation by the Architectural Review Board), based upon the appropriateness of the types, styles and designs of the signs as they relate to the proposed uses and scale of the buildings.

Central Business A (CB-A) District.

[Amended 6-12-2002 by L.L. No. 6-2002]

Intent. This district is established for the convenience of persons residing in a major residential area of the Town and is intended to be limited primarily to businesses serving the ordinary shopping needs of the residents. It is further intended that property values shall be enhanced by encouraging the coordinated site development of properties within the district and requiring the highest standards of building, structure and site design and maintenance. The scale, bulk, mix of uses and architectural design of development within this district should preserve and enhance the character of the Armonk Hamlet through the implementation of design guidelines specified herein and through a required mix of uses to achieve a practical balance between the existing and future business and commercial facilities, and the off-street parking to serve these facilities.

Principal uses. In a CB-A District, no building, structure or premises, in whole or in part, shall be used, and no building or structure, in whole or in part, shall be erected, enlarged, structurally altered or moved, except for the following purposes:

Any nonresidential uses permitted in an R-5 District, as permitted and regulated therein.

Stores and shops for the conduct of retail business not exceeding 5,000 square feet of floor area.

At least 20%, but not more than 40%, of the total floor area within the CB-A District shall consist of multifamily dwellings located on the second story. At least 20% of dwellings within the CB-A District shall be designated and set aside as AFFH pursuant to § 355-24I of the Town Code.

[Amended 8-17-2011 by L.L. No. 8-2011; 5-14-2014 by L.L. No. 1-2014]

Theaters and clubs, in completely enclosed buildings.

Personal service establishments, except those offering dry-cleaning services that are not connected to a public sewer system.

Banks and businesses.

Professional offices.

Studios.

Restaurants, taverns, cafes, bakeries not exceeding 5,000 square feet of floor area.

Accessory uses. The following accessory uses are permitted only in conjunction with a permitted principal use:

Any accessory buildings or uses customarily incidental to a permitted use.

The parking and loading of motor vehicles in accordance with Article IX.

Signs in accordance with § 355-16.

Necessary lighting of business and parking areas.

Outside display and sales subject to the requirements of § 355-40F.

[Amended 4-14-2010 by L.L. No. 2-2010]

Three or fewer coin-operated amusement devices.

Solar energy collectors.

Dish antennas, subject to the requirements of § 355-15.

Outdoor dining, subject to the requirements of Chapter 218 of the Town Code.

[Amended 4-14-2010 by L.L. No. 2-2010]

Special permit uses. The following special permit uses are permitted only when approved by the Town Board and subject to conformance with additional standards as set forth in Article VIII:

Public utility exchanges or substations.

Restaurants, taverns, cafes, bakeries exceeding 5,000 square feet of floor area.

Stores and shops for the conduct of retail business exceeding 5,000 square feet of floor area.

Multifamily dwellings located on the first floor.

Bulk and dimensional standards. The following bulk and dimensional standards shall apply to lots and buildings in the CB-A District:

Minimum lot area: three acres.

Frontage: 50 feet.

Lot depth: 50 feet.

Front yard: 10 feet.

Side yard: zero feet.

Rear yard: zero feet.

Maximum building coverage: 30%.

Building height (stories): two.

Building height (feet): 30.

Floor area ratio: 0.45.

Off-street parking shall be provided in accordance with the requirements of Article IX of this chapter. No parking shall be permitted in the front yard unless approved by the Planning Board consistent with the intent and design guidelines of this section. Parking shall be maintained privately; however, the Planning Board may require the establishment of a parking district to provide for the proper maintenance and improvement of such parking areas. Notwithstanding the provisions of Article IX, as well as §§ 355-57 and 355-58, the parking requirements for all uses other than residential uses and office uses in the CB-A District shall be as follows:

[Amended 8-17-2011 by L.L. No. 8-2011]

Off-street parking spaces. Not less than one off-street parking space for each 200 square feet of gross floor area or major portion thereof, except that the following requirements shall apply to the following specific areas of a grocery, convenience store, or a supermarket:

For mezzanine floor area, the requirement shall be one space for each 250 square feet of gross office floor area and one space for each 1,200 square feet of gross storage and/or employee lounge floor area.

For dedicated space associated with customer return of recyclable materials, such as bottles and cans, the requirement shall be one space for each 1,200 square feet of floor area.

For any food storage chest which is situated outside the principal building, the requirement shall be one space for each 1,200 square feet of total floor area.

The Planning Board may reduce by up to 25% the maximum number of parking spaces required by § 355-57 of this chapter where the applicant can demonstrate that proposed use will be compatible with the mix of other uses within the CB-A District and that it will generate a varying peak parking period such that overall peak parking demand can be met by the construction of a lesser amount of spaces. In considering such request, the applicant shall provide, at the Planning Board's discretion, some or all of the following information:

Proposed uses, floor areas devoted to such uses and the number of seats or rooms assigned to each use.

Days and hours of operation of each use, including weekdays, Saturday, Sunday and for any seasonal variations in operation.

Number of employees and their respective shifts and any restrictions on employee parking to make parking for patrons more available or accessible.

Projected total peak hour or daily period of occupancy by patrons for each proposed use during weekdays, Saturday, Sunday and any seasonal variations in peak hour or period of occupancy.

Projected hourly accumulation of off-street parking over a twenty-four-hour period for each use. The description shall be provided for the weekday, Saturday and Sunday accumulations of off-street parking and any seasonal variations in off-street parking accumulation.

[6]

Description of any shared parking arrangements with other properties within 250 feet of the proposed use.

Design guidelines. It is the objective of these guidelines to establish a general design framework for creating and/or preserving the desired architectural character and scale of buildings in the CB-A District; to help assure that such areas will be visually attractive and will blend landscaped open space and structures in a manner which relates harmoniously to the existing and/or planned character of the Armonk Hamlet; and to create visual interest and variety in the treatment of architectural surfaces.

Building and site design shall be planned to enhance the pedestrian experience.

Sites shall be designed with the objective of creating a village-like character, with public spaces and focal points, connections to adjacent properties, and minimizing the visual impact of paved parking areas.

Building facades shall present a varied appearance at street level and be designed to give individual identity to each building and/or use, as well as to help achieve the planned pedestrian scale.

The design of building facades shall reflect the scale of existing or planned building development through modulation of vertical and horizontal elements by features such as:

Variation of roof heights.

Changes in the predominant wall plane and/or in facade elements such as window openings and balconies.

Use of horizontal projections or recesses in the building facades such as bay windows, cornices, balustrades, etc.

Use of pitched roofs and other roof elements such as cross gables, dormer windows and turrets to provide visual interest, reduce the scale of continuous roofs and break the line where the building meets the sky.

The use of covered front porches in residential units shall be encouraged in order to enhance community character as well as to add visual interest, shadow and depth to building elevations.

A coordinated landscape plan shall be prepared, incorporating the landscape treatment of open spaces, walkways, access roads and parking areas into a cohesive and integrated design. The landscape plan shall include:

Salt-tolerant street trees, as approved by the Town, of no less than four-inch caliper, spaced approximately 25 feet apart, located on all public and private streets.

A mix of shade trees, evergreen shrubs and understory shrubs as buffer screening along all property lines abutting residential or historical districts, and between proposed residential portions of the site and commercial, office, industrial or municipal uses.

Sidewalks and other surface areas of paving material shall offer a variety of pigments and textures that are in harmony with nearby buildings and other paved surfaces and are safe for pedestrian traffic, including the handicapped.

All signage shall be carefully integrated with other site design elements. Signage should be designed so that it is visible and informative at the pedestrian scale. Signs shall not be mounted above the eave line of any structure or be placed in or attached to any window.

All exterior lighting shall be of adequate illumination for safety and security purposes. It shall be of such type and location and shall have such shading as will prevent glare from spilling onto other properties or streets and shall be coordinated with building design and landscape plans. The height of lighting fixtures shall be limited so as to be consistent with the planned pedestrian scale of development.

At least 60% of the facade area between two feet above grade and 12 feet above grade shall consist of transparent windows and doors, except for buildings that were lawfully in existence prior to this revision. In no instance shall the amount of transparency present in existing buildings decrease.

Central Business B (CB-B) District.

Intent. This district is established in order to secure an attractive, efficient and well coordinated local business center for the convenience of persons residing in a major residential portion of the Town and is intended to be limited primarily to businesses serving the ordinary shopping needs of residents thereof. It is further intended that stores in this district be located toward the front of each lot, with the smaller front yard being reserved for pedestrian uses and the larger rear yard being used for parking in a common parking area serving a group of businesses.

Open space. In addition to the requirements of § 355-22, building locations shall comply with the following conditions, except that where, in the judgment of the Planning Board, greater setback distances are necessary or appropriate for the orderly and harmonious development of the CB-B District and adjoining area, such greater requirements shall be complied with:

Front yard. On state and county roads, all buildings shall be set back a distance, measured from the center line of the existing roadway, of at least the required front yard plus 50 feet. Unless specifically approved by the Planning Board as part of site plan approval, the front yard area shall not be used for any purposes other than landscape planting and pedestrian access. The Planning Board may reduce the front yard setback requirement by up to 20 feet where said Board determines, in accordance with its action on a site development plan, that the potential location for future road widening is such that a full front yard setback will not be required.

Side yard: none required; but if provided, side yards shall be at least six feet in width. If a side yard is used for vehicular access, it shall be at least 25 feet in width. The width of side yards abutting a residence district boundary shall be at least 50 feet. The Planning Board, however, in passing on a site plan, may approve such lesser distance as it finds will provide equivalent protection of an adjoining residential area by virtue of topographic differences, evergreen screening, fencing or other appropriate means.

General.

No fabrication or manufacturing shall be permitted, except that which is incident to and on the same premises as an artisan's workshop associated with a permitted retail use, and further provided that such fabrication or manufacturing shall not occupy more than 75% of the gross floor area of the use nor use motor power other than electric.

[Amended 10-7-2015 by L.L. No. 8-2015]

No residential use or occupancy shall be permitted in any building used for business, except in a separate apartment unit, which unit shall conform with all requirements for a residential use and shall have a separate entrance from the exterior of the building.

Central Business (CB) District and Central Business Armonk 2 (CB-A2) District.

[Amended 6-24-2020 by L.L. No. 5-2020]

No fabrication or manufacturing shall be permitted, except that which is incident to and on the same premises with a permitted use, and further provided that such incidental fabrication or manufacturing shall not occupy more than 25% of the gross floor area of the use, nor shall use motor power other than electric.

No residential use or occupancy shall be permitted in any building used for business, except in a separate apartment unit, which unit shall conform to all requirements for a residential use and shall have a separate entrance from the exterior of the building.

Roadside Business (RB) District.

Existing lots. After approval of a site plan as hereinafter set forth, the Building Inspector is authorized to issue a building permit for the erection of a building on any existing lot which fails to have requisite area, frontage, wide or depth by virtue of an amendment to this chapter or the Zoning Map.

Where a lot is less than 200 feet in depth, the following schedule of front yards and rear yards shall apply:

Depth of Lot (feet)	Minimum Rear Yard (feet)	Minimum Front Yard (feet)
175 to 200	50	75
170 to 175	45	75
165 to 170	40	70
160 to 165	35	75
155 to 160	30	75
150 to 155	25	75
145 to 150	20	75
140 to 145	15	75
135 to 140	10	75
130 to 135	10	70
125 to 130	10	65
120 to 125	10	60
115 to 120	10	50

Where such existing lot has less than 200 feet of depth, the Planning Board may, in approving a specific site plan, reduce the front, rear and side yards required in Subsection E(1)(a), but only to the extent necessary to conform to existing building lines or to permit construction of a practicable business building.

An area, at least 10 feet deep along the front line and along the rear lot line and where abutting residential properties, except where driveway entrances and exits are located, shall be suitably landscaped with planting of grass, shrubbery and trees in accordance with specifications to be approved by the Planning Board as part of the site plan.

General Business (GB) District.

No fabrication or manufacturing shall be allowed, except in conjunction with arts and crafts occupations or as incidental to and on the same premises with any other permitted use, provided that such incidental fabrication or manufacturing shall not occupy more than 25% of the gross floor area of the use nor use motor power other than electric.

Nursery Business (NB) District.

[Amended 12-5-2006 by L.L. No. 25-2006]

Intent. This district is established in order to create a transitional area of limited commercial nature where a residential area abuts areas of higher-intensity use. It is intended to be limited to those areas of the Town which are shown on the Town Development Plan Map as areas to be developed at hamlet or semiurban density and which are served by a state or county highway.

Required landscaping shall be of a permanent nature and may not consist of planting or nursery stock which is for sale.

Live trees may be transported onto the site for tree recovery purposes prior to their sale and subsequent delivery to customers. The trees shall not be planted but shall be "heeled in" so as to effect their recovery.

Outdoor decorations and ornaments shall be permitted subject to site plan approval by the Planning Board and, once approved as to quantity and location, may be changed on a seasonal basis, not to exceed the approved quantity and location as approved, without further site plan review by the Planning Board.

No bulk manure shall be stored on the premises.

No malodorous substances shall be permitted to be stored on the property.

Accessory wine bars and cafes within the NB District shall only operate between the hours of 8:00 a.m. and 11:00 p.m. Amplified music shall be prohibited outdoors. All indoor amplified music shall be adequately mitigated to the satisfaction of the Planning Board. Outdoor dining shall be permitted pursuant to Chapter 218 of the Town Code and shall additionally require Planning Board site plan approval.

[Amended 8-14-2013 by L.L. No. 6-2013]

(8)

Off-street parking.

The Planning Board may reduce by up to 25% the maximum number of parking spaces required by § 355-57 of this chapter where the applicant can demonstrate that the proposed use will be compatible with the mix of other uses within the NB District and that it will generate a varying peak parking period such that overall peak parking demand can be met by the construction of a fewer number of spaces. In considering such request, the applicant shall provide, at the Planning Board's discretion, some or all of the following information:

Proposed uses, floor areas devoted to such uses and the number of seats or rooms assigned to each use.

Days and hours of operation of each use, including weekdays, Saturday, Sunday and for any seasonal variations in operation.

Number of employees and their respective shifts and any restrictions on employee parking to make parking for patrons more available or accessible.

Projected total peak hour or daily period of occupancy by patrons for each proposed use during weekdays, Saturday, Sunday and any seasonal variations in peak hour or period of occupancy.

[6]

Description of any shared parking arrangements with other properties within 250 feet of the proposed use.

Development density. To further the achievement of the objectives of the State Freshwater Wetlands Act (Article 24 and Title 23 of Article 71 of the Environmental Conservation Law), the State Environmental Quality Review Act (Article 8 of the Environmental Conservation Law), Chapter 209, Wetlands and Watercourse Protection, of the Town Code, the North Castle Town Comprehensive Development Plan and § 355-18 of this chapter, the total lot area used in the calculation of maximum permitted density in all business districts shall be "net lot area," as defined herein.

[Added 12-13-2006 by L.L. No. 30-2006; amended 5-23-2012 by L.L. No. 2-2012]

§ 355-30 Additional office and industrial district regulations.

OB Office Business District. An office building development shall conform to the following standards:

Each lot devoted to office building use shall have frontage on an existing public street, or on a street approved by the Planning Board in the same manner as is prescribed by state law for the approval of plats of subdivisions and in accordance with the requirements applicable to streets therein. In approving any such street, the Planning Board may require that:

It shall be laid out so that it will not be necessary for the principal traffic between existing streets and the office building or buildings to travel through any areas having residential frontage on such streets, or that may be developed with residential frontage thereon.

Its connection to an existing street shall be adequate in location, design and capacity so as to avoid unsafe conditions or traffic congestion.

Access and service drives shall be laid out in such a manner that connections with the street or streets on which the lot has frontage are located and designed so as to avoid unsafe conditions or traffic congestion.

No building shall be located at a distance less than 150 feet from the street on which such building fronts, except that gatehouses, bus stop shelters and security offices, where such buildings are one story in height, may be located at a distance not less than 25 feet from the street, and one-story accessory buildings may have such lesser setback when approved by the Planning Board. No building shall be located at a distance less than 300 feet from all other boundaries of the lot, except that where a contiguous lot is in a nonresidential zoning district, such distance may be reduced to not less than 100 feet on each side where such lots adjoin, and except that one-story accessory buildings may have such lesser setbacks when approved by the Planning Board in connection with its action on a site plan.

No buildings shall exceed three stories or 45 feet in height. The height of a building shall be measured from the average level of the finished grade adjacent to the main front wall of the building. The height limitations of this section shall apply to chimneys for central heating and power plants.

Parking areas shall be set back from all lot boundaries at least 50 feet, except that in connection with its action on a site plan, the Planning Board may reduce or eliminate the setback between parking areas and property lines of adjoining properties zoned DOB-20A. In the case of a DOB-20A zone, there will be no setbacks between internal property lines, which property lines result from the subdivision of a larger lot, which lot has received preliminary development concept plan approval.

In connection with its action on a site plan, the Planning Board shall consider the location and height of office buildings and related uses with respect to the topography of the lot, with the objective of securing the maximum harmony of such buildings and uses with the surrounding landscape. The Planning Board may limit the maximum size of the use, in terms of numbers of employees or other appropriate measure, in order to limit the impact of potential traffic on the capacity of the street system that serves it.

Density transfer from sites in Office Business (OB) and Office Business Hotel (OBH) Districts.

[Added 9-28-1995 by L.L. No. 6-1995; amended 11-9-2009 by L.L. No. 13-2009]

Transfer of density as set forth below in this Subsection A(7) between a transferor site in the OB or OBH District and a transferee site within the OB or OBH District or the Designed Office Business 20A (DOB-20A) District may be permitted by the Town Board on application by the owner or owners of said sites, for the purpose of encouraging the preservation and enhancement of recreational areas, scenic vistas, wooded areas and open spaces, residential neighborhoods, the creation of conservation easement areas to preserve open space, the enhancement of the area's environment and the promotion of the construction of new low-density office space with minimum lot coverage and site disturbance on appropriate sites in accord with the Town Development Plan.

With respect to each such designated transfer of density, the density transfer shall occur between a transferor site and a transferee site. The permitted maximum densities of transfer are set forth in Subsection A(7)(c).

The density of the transferor site that may be transferred is computed as set forth below. The density, in whole or in part, may be conveyed or transferred to any other property, site or parcel within the OB or OBH District or the DOB-20A District. The density of development permitted on the transferee site is the sum of the maximum permitted density of the transferee site plus the maximum permitted unused density of the transferor site. While the resultant density on the transferee site will exceed the otherwise permitted floor area ratio, the overall density permitted on the transferee site shall not exceed a floor area ratio of 0.25. In computing the density to be transferred from two or more transferor sites, fractional results from individual properties may be added to produce whole numbers. Results may not, however, be rounded to the next higher number.

Prior to the issuance of a building permit for the development incorporating a density transfer, the following requirements shall be met with regard to the transferor site. A legal agreement permanently limiting the maximum permitted density remaining on the transferor site, in a form approved by the Town Attorney's office, shall be recorded as a deed restriction in the Westchester County Clerk's office, Division of Land Records. If all of the unused density is transferred from the transferor site, such transferor site may be permanently restricted to a use designed to satisfy a district purpose, such as a public recreation area.

Density or development rights from a transferor site in an OB or OBH District may be transferred or conveyed directly to a transferee site only within the OB or OBH District or the DOB-20A District and to no other property. A proposed transferor site or a proposed transferee site may be owned by one or more persons, corporations and entities, but application for such transfer shall be presented as a single application by the owner(s) of the transferor and transferee sites affected thereby. The transferor or transferee sites may include lands which are not contiguous and which are divided or separated by streets or other property; provided, however, that all transferee sites must be located within the OB or OBH District or the DOB-20A District to qualify for such transfer. Where a transfer of density and development rights is approved pursuant to the procedures set forth herein, buildings or structures may be located and approved on the transferee site pursuant to an overall development concept plan without requiring a separate lot for each building or structure located thereon, and without limiting the generality of the foregoing, the limitation of § 355-14A, entitled "Lot for every building," shall not apply.

For the purpose of determining the dimensions of minimum yards and frontage in the OB or OBH District provided for in § 355-23, Schedule of Office and Industrial District Regulations, Part 1, contiguous transferor and transferee sites will be treated as a single lot.

(8)

Unless waived by resolution of the Planning Board, site plan approval shall be required whenever there is a change in tenancy or a change in the nature of a use which, in the opinion of the Planning Board, may have an impact on the site or surrounding community.

[Added 3-14-1996 by L.L. No. 1-1996]

Professional Business Office 2A (PBO-2A) District. The required landscaped buffer area shall be at least 25 feet in depth along any lot line abutting a residence district.

Professional Business Office (PBO) District. No parking may be maintained within 20 feet of a side line or rear line where such line abuts a residence district.

Planned Light Industry (PLI) District. The following standards shall be observed in site plan design:

A ten-foot-deep landscaped foundation planting shall be provided along all building walls, except at access points, in interior courts, or where waived by the Planning Board. A sidewalk not exceeding four feet in width may be located in such required foundation parking area.

All two-way access driveways shall be at least 25 feet wide. Parking shall be prohibited in all access driveways.

Off-street loading area shall be screened from general off-site view by building walls, fences, berms or plantings.

Site planning and building design shall assure that all portions of the site shall be appropriately landscaped and that all sides of buildings shall have appropriate finishes so that a PLI District may be attractive from all viewpoints.

Research, Electronic and Light Industrial Park (RELIP) District.

No parking may be maintained within 25 feet of a side line or rear line; no parking may be maintained within 50 feet of a side line or rear line where such line abuts a residential district. Where a rear line abuts land dedicated for park purposes, parking may be maintained to such line.

The required landscaped buffer area shall be at least 25 feet in depth along any lot lines abutting a residence district.

All two-way access driveways shall be at least 25 feet wide. Parking shall be prohibited in all access driveways.

Commercial dog care facilities shall be subject to the following standards and conditions:

[Added 9-13-2017 by L.L. No. 5-2017; amended 10-27-2021 by L.L. No. 8-2021]

Workspaces, runs, pens or other facilities shall be located within a completely enclosed, soundproof building, and such commercial dog care facility shall be operated in such a manner as to produce no objectionable noise, odors or other nuisances beyond the boundaries of the site on which it is located, provided, however, that outdoor areas may be located, installed and operated as permitted by Subsection E(4)(k) hereof.

A commercial dog care facility located in a multitenanted building shall have a separate main entrance for dropoff and pickup of dogs. To help keep the dogs separate from other tenants and the general public, such separate main entrance shall be located at least 30 feet from any entrance used by other tenants in the building, shall have direct access to the exterior of the building and shall not be located in a hallway or entranceway that is shared with other tenants of the building. In addition to the main entrance, there shall be a side or rear entrance for use by the staff of the commercial dog care facility to take the dogs outside for exercise or walking.

All animal fecal material from dogs occupying or being cared for at a commercial dog care facility shall be removed from the building, grounds and roadways and placed in plastic bags or containers and disposed of properly in the trash.

All commercial dog care facilities shall be connected to public water and sewer.

Not more than 20% of the floor area or 1,000 square feet, whichever is less, of the commercial dog care facility may be devoted to the retail display and sale of dog-related products.

No veterinary or medical services or care shall be provided at a commercial dog care facility.

All commercial dog care facilities shall submit documentation to the Building Department of having obtained a Westchester County Department of Health animal facilities permit.

On-site staff shall be provided during all times that dogs are present at the commercial dog care facility.

All commercial dog care facilities shall provide appropriate access to a safe outdoor dog-walking area or areas.

No commercial dog care facility shall exceed 5,000 square feet of gross floor area.

(k)

Outdoor areas may be located, installed and operated subject to the following conditions:

The outdoor area must be enclosed by a fence made of solid opaque material at least four feet in height.

Not more than 10 dogs shall be permitted is any one outdoor area.

On-site staff shall be present at outdoor areas at all times that dogs are present in outdoor areas.

A building permit shall be required to construct all outdoor areas.

Motels. Motels are subject to the following standards and conditions:

Use. Use of a motel site and any buildings or structures thereon shall be limited to the usual motel activities, as defined herein, and accessory uses incidental to the operation of a motel, and of the same general character, including but not necessarily limited to the following, provided that all accessory uses shall be planned as an integral part of the motel and located on the same site therewith:

One house or apartment with or without kitchen facilities for the use of the motel manager and caretaker and his family.

Restaurants, serving either motel guests exclusively or the general public, provided that no music or other sound shall be audible beyond the boundaries of the lot on which the use is conducted.

Amusement and sport facilities for the exclusive use of motel guests, including swimming pools, children's playgrounds, tennis or other game courts and game or recreation rooms, and not including membership clubs.

Automobile parking garages or carports for the exclusive use of motel patrons, and off-street parking spaces.

Office and lobby, provision of which shall be mandatory for each motel.

Occupancy. Occupancy for any guest shall be limited to not more than 30 days in any ninety-day period. In no case are motel units to be used as apartments for nontransient tenants.

Dimensions.

Site. The site for each motel shall have a frontage of at least 400 feet on a state or county highway.

Setback.

	Minimum Setback (feet)
Use	From All Roads	From All Property Lines Adjacent to Residence Districts	From All Other Property Lines
Motels and restaurants	50	100	50
Signs	25	50	25
All other buildings and structures and all outdoor facilities	50	100	100

Coverage. All principal and accessory buildings shall cover a total of not more than 20% of the site.

Building height. No buildings or structures shall be more than 35 feet in height, except as permitted by § 355-15E.

Motel room.

Motel sleeping rooms shall not be interconnected by interior doors in groups of more than two.

The maximum length of any motel building shall not exceed 300 feet.

Each sleeping room shall have an area, inclusive of bathroom and closet space, of at least 225 square feet.

Access and service roads. Access and service roads shall be properly related to public streets and highways so as to avoid unsafe conditions and traffic congestion. Points of ingress and egress shall be limited to a total of two on any street. No backing of cars into any highway shall be permitted.

Off-street parking: as required by Article IX. Where a motel includes a restaurant or other eating and drinking facilities, required parking space shall be provided for such facilities, in addition to required parking spaces for sleeping rooms and other floor space.

Signs. Signs shall be subject to § 355-16, except that no sign shall be erected which faces an adjacent school, park or residential property, and except as set forth above. A sign shall be considered to face a school, park or property if it is located within 200 feet of and/or can be read from such school, park or property.

Hotels. Hotels are subject to the following standards and conditions:

[Added 11-9-2009 by L.L. No. 13-2009; amended 8-11-2021 by L.L. No. 6-2021]

Use. Use of a hotel site and any buildings thereon shall be limited to the usual hotel activities, as defined herein, and accessory uses incidental to the operation of a hotel, and of the same general character, including but not necessarily limited the following, provided that all accessory uses shall be planned as an integral part of the hotel and located on the same site therewith:

One house or apartment with or without kitchen facilities for the use of the hotel manager and caretaker and his family.

Restaurants, cafes, bars, and lounges, serving either hotel guests exclusively or the general public, provided that no music or other sound shall be audible beyond the boundaries of the lot on which the use is conducted.

Fitness and sport facilities, including swimming pools, children's playgrounds, tennis or other game courts and game recreation rooms.

Automobile parking garages or carports and off-street parking spaces.

Office and lobby.

Banquet/conference rooms.

Business center.

Hotel room.

Hotel sleeping rooms shall not be interconnected by interior doors in groups of more than two.

Each sleeping room shall have an area, inclusive of bathroom and closet space, of at least 225 square feet.

Access and service roads. Access and service roads shall be properly related to easement driveways or streets, public or private streets, and highways so as to avoid unsafe conditions and traffic congestions. Points of ingress and egress shall be limited to a total of two on any street. No backing of cars into any highways shall be permitted.

Off-street parking: as required by Article IX. Where a hotel includes a restaurant, lounge, or other eating and drinking facilities, required parking space shall be provided for such facilities, in addition to required parking spaces for sleeping rooms and other floor space.

Signs. Signs shall be subject to the same provisions as are applicable to motels as contained in § 355-16F(9).

Development density. To further the achievement of the objectives of the State Freshwater Wetlands Act (Article 24 and Title 23 of Article 71 of the Environmental Conservation Law), the State Environmental Quality Review Act (Article 8 of the Environmental Conservation Law), Chapter 340, Wetlands and Watercourse Protection, of the Town Code, the North Castle Town Development Plan and § 355-18 of this chapter, the lot area used in the calculation of maximum allowable density shall be "net lot area," as defined herein.

[Amended 5-23-2012 by L.L. No. 2-2012]

Residence Office (RO) District.

This district is established in order to protect an area of historical buildings which relate to each other harmoniously with regard to style, scale and site arrangement. It is further intended that the design of new buildings should complement the existing historic character of the area.

No outdoor storage or display of products or material for sale and no manufacturing or servicing of any type shall be permitted. All activities shall be conducted entirely within the building. The Planning Board may limit the hours of operation in acting on any site plan.

In evaluating any proposal to construct or alter any structure or building in this district, the Planning Board and the Architectural Review Board shall, in order to ensure that all new construction and exterior alterations will result in an appropriate visual composition which will be in harmony with the character of the district, take into consideration the outside dimensions of the front facade and the appearance thereof, the visual relationships between the property in question and existing structures, the character of the district, architectural style, heights and sizes of buildings, location and arrangement of buildings, setbacks, materials, line, color and detail.

Except for necessary access drives, required off-street parking facilities for permitted nonresidential uses shall not be located in the front yard or side yards of any lot in this district.

Designed Office Business 20A (DOB-20A).

Policy.

It is the purpose of this subsection to provide for the implementation of the recommendation, as contained in the Town Development Plan of the Town of North Castle, for the establishment of additional areas for office business use as shown on the Town Development Plan Map, and subject to the other limitations and conditions as recommended in the Town Development Plan. Specifically, this zone is designed to provide for low-density, high-quality nonresidential development, provided that requisite highway access and proximity to the interstate highway system is available.

It is the policy of the Town of North Castle that Designed Office Business Districts will be mapped by the Town Board on a site-by-site basis, after taking into consideration the positive benefits to the orderly and economic development of the Town which it offers, the suitability of the location and its consistency with the goals and policies expressed in the Town Development Plan.

Criteria for Designed Office Business District establishment.

Location and access. It is the intent of the Town Board to permit the establishment of Designed Office Business Districts in locations consistent with the Town Development Plan Map of the Town of North Castle, when such development will be of positive benefit to the orderly economic development of the Town.

Minimum site area. All sites proposed for DOB-20A designation shall have an area of not less than 20 acres, except that the Town Board may reduce this minimum by up to 1/3 where the site adjoins New York City watershed property or permanent open space lands and by up to 2/3 where the site is a transferor site as set forth in Subsection J(5)(a)[4][a] or where the Town Board determines that because of other similar factors, its establishment should be consistent with the intent of these regulations and compatible with surrounding development. The Town Board may also review properties which provide ingress and egress to a site which complies with the minimum site area, provided that no additional density is attributed to this land area.

Access. Each DOB-20A site shall have frontage on the access to major road as shown on the Town Development Plan Map. Traffic from within the DOB-20A shall not be permitted to enter directly upon any local residential roads. Access and service drives shall be laid out in such a manner that connections with the street or streets on which the lot has frontage are located and designed in such manner as to avoid unsafe conditions or traffic congestion.

Topography and site conditions. Sites should be of relatively level (0% to 15%) or moderate (15% to 25%) grade with suitable soil (nonwetland) and foundation (adequate bearing capacity) conditions so that the proposed development will be possible without detriment to adjoining properties or the natural environment. Those sites or portions of sites designated as controlled areas under Chapter 340, Wetlands and Watercourse Protection, of the Town Code shall be avoided. Where such areas are proposed for development, no permit shall be granted unless the required findings in Chapter 340 can be made by the approving authority.

[Amended 5-23-2012 by L.L. No. 2-2012]

Utility services. DOB-20A sites shall be located where they can be provided with safe and adequate water supply and waste disposal facilities when developed.

Site development standards and requirements. All development standards and requirements applicable to lots in the Office Business District (Subsection A of this section) shall be applicable in the Designed Office Business District, where such requirements are equal to or more restrictive than those set forth herein.

Minimum lot area. The minimum lot area of a Designed Office Business District shall be 20 acres, except where, in conjunction with its action on establishing a Designed Office Business District, the Town Board has approved a district of lesser size.

Minimum yards.

The development standards for minimum yards of the Office Business District, as defined in Subsection A(3), shall apply here.

No building shall be located at a distance less than 150 feet from the street on which such building has frontage, except that gate houses, bus stop shelters and security offices, where such buildings are one story in height, may be located at a distance not less than 25 feet from the street, and one-story accessory buildings may have such lesser setback when approved by the Planning Board. No building shall be located at a distance less than 300 feet from all other boundaries of the lot, except that where a contiguous lot is in a nonresidential zoning district, such distance may be reduced to not less than 100 feet on each side where such lots adjoin, and except that accessory buildings of two stories or less may have such lesser setbacks when approved by the Planning Board, in connection with its action on a site plan.

[Amended 7-6-1995 by L.L. No. 4-1995]

Maximum building height. The maximum permitted height of buildings on lots containing 20 or more acres shall be three stories or 45 feet. Where the Town Board has, in conjunction with its approval of the rezoning application, approved a lot area of less than 20 acres, the maximum permitted building height shall be reduced by one foot for each 20,000 square feet that the parcel is less than the 20 acres in area. The height of the building or structure shall be measured as set forth in Subsection A(4) of this section or as set forth in the definition of "height" contained in § 355-4 of this chapter, at the discretion of the Planning Board.

[Amended 10-8-2003 by L.L. No. 8-2003]

Landscaping and buffer areas.

In addition to the standards, requirements and procedures generally applicable to the design of buffer areas, the required minimum buffer area adjoining any lot in a residence district or any public roadway shall be 100 feet. Required buffer strips in the DOB-20A District shall be left in a natural woodland or, if not already wooded, shall be planted with dense evergreens and suitably maintained.

In the DOB-20A District, internal circulation roadways may be located within a required buffer strip, provided that they shall not be within 75 feet of any property line; except where the internal circulation roadway is located on property which abuts another property zoned DOB-20A, such roadway may be constructed within 25 feet of the property line. In a DOB-20A District, landscaped parking areas and internal circulation roadways may be located within a required buffer strip adjoining an interstate or state highway as shown on the Town Development Plan, provided that they shall not be within 50 feet of the property line.

Drainage. Stormwater drainage systems within Designed Office Business Districts shall be designed so that the rate of runoff from any site during a one-hundred-year storm will not exceed that rate which would have occurred prior to construction. The calculation of such runoff rates and the design of the drainage retention system shall be subject to review by the Town Engineer and the approval of the Planning Board.

Parking. Parking spaces shall be provided in number and design according to the provisions of Article IX of this chapter.

Water supply protection. Where, in the opinion of the Planning Board, the geology of an area is such that wells of the capacity required will adversely impact existing wells on adjoining properties, sufficient measures shall be taken by the applicant to prevent such adverse impact or to indemnify the owners of such impacted wells, and/or where feasible, an off-site source of water supply shall be developed.

Application procedure.

The procedure for the establishment of a DOB-20A District shall involve a two-stage review and approval process, as follows:

After the Town Board approves the preliminary development concept plan, the Planning Board shall be empowered to approve a site plan which varies from the preliminary development concept plan, provided that the site plan is in substantial conformity with the preliminary development concept plan and that the density approved by the Town Board is not increased. If the Planning Board determines that the site plan differs significantly from the preliminary development concept plan approved by the Town Board or if the applicants for site plan approval propose to transfer density from sites not presented in the original rezoning application, then the Planning Board shall refer the application back to the Town Board for its review and approval of a revised preliminary development concept plan. The Town Board may but shall not be required to hold a public hearing as part of its review of the revised preliminary development concept plan.

Approval by the Planning Board of the site plan and, where appropriate, the subdivision plat.

Submission to Town Board. Application for the reclassification of land into a DOB-20A District and the approval of a preliminary development concept plan therefor shall be submitted to the Town Board in 15 copies at a regularly scheduled meeting of said Board. The application shall include at least the following:

The names and addresses of the property owner, the applicant (if other than the owner) and of the planner, engineer, surveyor, architect and/or other professional person engaged to work on the project.

Where the applicant is not the owner of the property, written authorization from the owner for the submission of the application.

A preliminary development concept plan including at least the following items of information:

[a]

The area of the property, in both acres and square feet.

[b]

Existing terrain conditions, including topography with a vertical contour interval of no more than two feet, identification of all soil types, indication of all existing drainage features, major rock outcroppings, existing vegetation, views and the relationship of the site to neighboring properties, buildings and land use.

[c]

A site location map indicating the location of the property in respect to all neighboring streets and properties. The map must also identify all adjacent property owners and all other properties in the vicinity owned by the applicant. This map must also show the present zoning of the area and the location of all zoning district boundaries.

[d]

A preliminary development concept plan showing the proposed nature, scope and location of the planned land uses, provisions for access to those land uses, the location of buffer areas, provided means of sewage disposal, water supply, stormwater drainage and retention and other similar types of information, all of which shall be presented in graphic and/or written form, as appropriate.

[e]

A generalized time schedule for the staging and completion of the proposed development.

[f]

A draft generic environmental impact statement assessing the basic off-site impacts likely to be generated by the proposed development if approved and constructed. Impacts which can and should be more appropriately addressed at the time of site plan or subdivision approval may be excluded or reduced in detail in such statement, subject to the submission of a site-specific environmental impact statement at the time of site plan or subdivision approval.

[g]

An application review fee in the amount set forth in the Master Fee Schedule.[1]

[Amended 11-18-2015 by L.L. No. 9-2015]

Editor's Note: See Ch. A370, Master Fee Schedule.

Referral to Planning Board. Upon receipt of a properly completed application for the reclassification of land into a DOB-20A District and for the approval of a preliminary development concept plan therefor, 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 to the Town Board with respect to both the reclassifications and the preliminary development concept plan. No action shall be taken by the Town Board until receipt of the Planning Board report or until 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.

Planning Board report. The Planning Board, in its report to the Town Board, may recommend approval, either with or without modifications, or disapproval of the proposed application. 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 North Castle Town Development Plan, the purposes as set forth in Subsection J(1) hereof, the relationship of the proposed zone to neighboring properties, the adequacy of access, utility services, community facilities available to service the proposed development, the suitability of the proposed development concept plan with respect to the site and surrounding areas, the application's compliance with the standards and requirements of this chapter and such other factors as the Planning Board may determine to be appropriately related to the public health, safety and general welfare and to the furtherance of the purposes of this chapter. Comments on the draft environmental impact statement shall be included in the Planning Board's report to the Town Board.

Town Board public hearing. Within 45 days of the date of the Town Board receipt of the Planning Board's report and recommendation, or the expiration of the Planning Board review period, as the case may be, the Town Board may schedule and hold a public hearing on the application for both the establishment of a DOB-20A District and the approval of the preliminary development concept plan therefor.

Town Board action. 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 establishment of the DOB-20A District and the preliminary development concept plan. 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 therewith. After the Town Board approves the preliminary development concept plan, the Planning Board shall be empowered to approve a site plan which varies from the preliminary development concept plan, provided that the site plan is in substantial conformity with the preliminary development concept plan and that the density approved by the Town Board is not increased. If the Planning Board determines that the site plan differs significantly from the preliminary development concept plan approved by the Town Board or if the applicants for site plan approval propose to transfer density from sites not presented in the original rezoning application, then the Planning Board shall refer the application back to the Town Board for its review and approval of a revised preliminary development concept plan. The Town Board may but shall not be required to hold a public hearing as part of its review of the revised preliminary development concept plan. 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 Town Zoning Map shall be amended accordingly.

Extension of time limits. Any of the above time limits may be extended by the Town Board where necessary to conform to the requirements of the State Environmental Quality Review Act.

[Amended 5-23-2012 by L.L. No. 2-2012]

Design flexibility for subdivisions.

Authority for making reasonable changes in zoning.

As a matter of information, the Planning Board, by special resolution of the Town Board, may be given the power, simultaneously with the approval of a subdivision plat, to make any reasonable change, consistent with the public welfare, in the zoning regulations applicable to said subdivision plat, subject to the provisions of § 281 of Article 16 of the Town Law.[2] In no case shall the zoning regulations be changed so as to increase the average density of population or cover of the land with buildings above that which is permitted in the district wherein such lands lie. After the Town Board approves the preliminary development concept plan, the Planning Board, upon authorization of the Town Board, may approve a subdivision plat and/or site plan which varies from the preliminary development concept plan, provided that the subdivision plat and/or site plan is in substantial conformity with the preliminary development concept plan and that the density approved by the Town Board is not increased. If the Planning Board determines that the site plan differs significantly from the preliminary development concept plan approved by the Town Board or if the applicants for site plan approval transfer density from sites not presented in the original rezoning application, then the Planning Board shall refer the application back to the Town Board for its review and approval of a revised preliminary development concept plan. The Town Board may, but shall not be required to, hold a public hearing as part of its review of the revised preliminary development concept plan.

Editor's Note: To the extent that this subsection relates to cluster development, see now Town Law § 278.

The Planning Board, pursuant to Town Board authorization, shall have the authority, in approving site plans providing for subdivision of the initial site in a DOB-20A District, to vary the requirements of this chapter as to yard setbacks, minimum interior yard dimensions and total gross floor area and required parking, without reference to other site requirements for DOB-20A as set forth in Subsection J, provided that the Planning Board shall determine and find that such changes are in the public interest and in compliance with the general purpose and intent of this chapter and ensure compatibility with uses on adjoining properties.

Once the Planning Board approves the initial site development plan for parcels located in a DOB-20A Zone, subsequent subdivision of the initial site will not require compliance with setback, bulk, gross floor area or other provisions of this chapter with respect to the internal lot lines which result from the subdivision of a lot or parcel which has received preliminary development concept plan approval.

Previous changes not affected. Any changes made by the Planning Board in zoning regulations applicable to a subdivision, under the provisions of § 281 of the Town Law,[3] prior to the adoption of this chapter and shown on subdivision plats duly approved and filed prior to the adoption of this chapter are hereby declared to be a part of this chapter.

[a]

Density transfer in Designed Office Business (DOB-20A) Districts.

[i]

The transfer of density, as set forth in Subsection J(5)(a)[4][a], which allows the transfer of density between properties within the Designed Office Business (DOB-20A) District, is hereby permitted as part of an application pursuant to Subsection J(4) et seq., for the purpose of encouraging the preservation and enhancement of scenic vistas, wooded areas and open spaces, residential neighborhoods, the creation of conservation easement areas to preserve open space, the enhancement of the area's environment and the residential viability of the area surrounding the transferor site and the promotion of the construction of new low-density office space with minimum lot coverage and site disturbance on appropriate sites in accord with the Town Development Plan.

[ii]

With respect to each designated transfer of density within the Designed Office Business (DOB-20A) District, the density transfer shall occur between a transferor site and a transferee site. The permitted maximum densities of transfer are as set forth in Subsection J(5)(a)[4][a] et seq.

[iii]

The density of the transferor site that may be transferred is computed as set forth below. The density, in whole or in part, may be conveyed or transferred to any other property, site or parcel within the Designed Office Business (DOB-20A) District. The density of development permitted on the transferee site is the sum of the maximum permitted density of the transferee site plus the maximum permitted density of the transferor site. While the resultant density on the transferee site will exceed the otherwise permitted floor area ratio, the overall density permitted on the transferee site shall not exceed a floor area ratio of 0.25. In computing the density to be transferred from two or more transferor sites, fractional results from individual properties may be added to produce whole numbers. Results may not, however, be rounded to the next higher number.

[iv]

Prior to the issuance of a building permit for the development incorporating a density transfer, the following requirements shall be met with regard to the transferor property. A legal agreement permanently limiting the maximum permitted density remaining on the transferor property, in a form approved by the Town Attorney's office, shall be filed as a deed restriction in the Westchester County Clerk's office, Division of Land Records. If all of the density is transferred from the transferor site, such transferor site may be permanently restricted to a use designed to satisfy a district purpose, such as a natural wildlife preserve.

[v]

Density, or development rights from the transferor site, may be transferred or conveyed directly to a transferee site only within the Designed Office Business (DOB-20A) District and to no other property. A proposed transferor site or a proposed transferee site may be owned by one or more persons, corporations or entities, but application for such transfer shall be presented as a single application by the owner(s) of the transferor and transferee sites affected thereby. The transferor or transferee sites may include lands which are not contiguous and which are divided or separated by streets or other property; provided, however, that all transferor sites and all transferee sites must be located within the DOB-20A District to qualify for such transfer. Within the DOB-20A District where a transfer of density and development rights is approved pursuant to the procedures set forth herein, buildings or structures may be located and approved on the transferee site pursuant to an overall development concept plan without requiring a separate lot for each building or structure located thereon, and without limiting the generality of the foregoing, the limitation of § 355-14A, entitled "Lot for every building," shall not apply.

Editor's Note: To the extent that this subsection relates to cluster development, see now Town Law § 278.

Taxi and limousine dispatch facilities. In zones where permitted, taxi and limousine dispatch facilities shall be subject to the following additional requirements:

[Added 7-26-2006 by L.L. No. 12-2006]

Taxi and limousine dispatch facilities that require parking for oversized passenger vehicles shall demonstrate to the satisfaction of the Planning Board adequately sized off-street parking spaces and adequate maneuvering room for such oversized passenger vehicles.

All parking of vehicles (including overnight parking) associated with taxi and limousine dispatch facilities shall be adequately screened from neighboring properties and streets to the satisfaction of the Planning Board.

Repair activity or vehicle maintenance of any kind (including car washing) shall be prohibited.

§ 355-31 Conservation subdivisions.

[Amended 12-13-2006 by L.L. No. 30-2006]

Simultaneously with the approval of a subdivision plat and pursuant to § 278 of the Town Law, either at the written request of an applicant or on its own motion, the Planning Board is authorized to modify the zoning regulations in residence districts with respect to lot area and dimensions, provided that:

Purposes. Such modifications shall result in design and development which promote the most appropriate use of the land, facilitate the adequate and economical provision of streets and utilities and preserve the natural and scenic qualities of open lands.

Eligibility. This authorization shall be applicable to all residentially zoned lands within the Town of North Castle.

Permitted use. The permitted uses within a conservation subdivision shall be the same as those otherwise permitted in the zoning district in which it is located, except that single-family attached and semidetached dwelling units shall also be permitted in subdivisions the area of which, whether all or partially within the Town of North Castle, is adequate in size to accommodate 50 building lots of the minimum lot size normally required for single-family detached dwellings in the district in which it is located, or on smaller parcels when specifically authorized by resolution of the Town Board, following a determination by the Town Board that the proposed conservation subdivision is compatible with adjacent land uses as determined by the procedure set forth in Subsection D(1) below.

Development standards and controls. Except as specified herein, all development standards and controls normally applicable to other residential subdivisions shall also be applicable to conservation subdivisions.

Density. The number of building lots permitted in a conservation subdivision shall in no case exceed the number which could be permitted, in the Planning Board's judgment, if the land were subdivided into lots conforming to all normally applicable requirements of this chapter, Chapter 275, Subdivision of Land, the Westchester County Health Department Regulations and all other applicable requirements. The basis for this determination 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.

Type and arrangement of buildings. 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 below, in detached, semidetached and/or attached buildings.

Minimum required lot area. In subdivisions the area of which is not adequate in size to accommodate 50 building lots of the minimum lot size normally required for single-family detached dwellings in the district in which it is located, and when not specifically authorized by the Town Board, as determined by the procedure set forth in Subsection D(1) above, the minimum required area for building lots within a conservation subdivision shall be one acre or 1/2 the minimum lot size required in the zoning district in which it is located, whichever requirement is less, except that larger minimums may be required in specific instances where determined necessary or appropriate by the Planning Board or the Westchester County Health Department. In subdivisions the area of which is adequate in size to accommodate 50 building lots of the minimum lot size normally required for single-family detached dwellings in the district in which it is located, or on smaller parcels when specifically authorized by resolution of the Town Board, as determined by the procedure set forth in Subsection D(1) above, dwelling units may be grouped on one or more separate parcels of land, or located on individual lots, for which there is no minimum size requirement.

Minimum lot dimension requirements.

Where the minimum required lot area is one acre, the minimum lot frontage, width, depth and yard setback requirements for building lots within a conservation subdivision shall be the same as required in the R-1A Residence District, except that where a building lot within a conservation subdivision abuts an existing residential lot complying with conventional lot dimensional standards, any front, side or rear yard adjoining such property shall comply with the normally applicable setback requirements of the zoning district in which it is located.

Where the minimum required lot area is less than one acre, the minimum lot frontage, width, depth and yard setback requirements for building lots within a conservation subdivision shall be as determined by the Planning Board, except that where a building lot within a conservation subdivision abuts an existing residential lot complying with conventional lot dimensional standards, any front, side or rear yard adjoining such property shall comply with the normally applicable setback requirements of the zoning district in which the lot is located.

Where there is no minimum required lot area and dwelling units in a conservation subdivision abut or are directly across the street from a privately owned residential property, the minimum front, side or rear yard adjoining or facing such property shall be equal to at least twice the normally applicable setback requirement for detached one-family dwellings in the zoning district in which it is located, but not less than 100 feet, or as otherwise determined appropriate by the Planning Board for parcels specifically authorized by the Town Board but not less than twice the normally applicable setback, measured from the boundary of the conservation subdivision. In reviewing the development plan, the Planning Board shall consider the setback and proposed screening of parking and active recreation areas and may require setbacks up to twice the normally applicable setback requirement for one-family dwellings in the zoning district in which the conservation subdivision is located.

The minimum contiguous buildable area requirement for single-family lots in a conservation subdivision shall be as determined by the Planning Board, taking into consideration the minimum contiguous buildable area requirements for similar size lots as set forth in § 355-26F(2) hereof.

Building dimension requirements. The maximum permitted building height and building coverage and the minimum dwelling unit size shall be the same as that normally applicable to the dwellings and buildings in the zoning district in which the building is located, except that for semidetached and attached dwelling units, the minimum dwelling unit size shall be as follows:

Efficiency: 450 square feet.

One-bedroom: 700 square feet.

Two-bedroom: 900 square feet.

Three-bedroom: 1,100 square feet.

Four-bedroom: 1,300 square feet.

Off-street parking.

Parking shall be the same as otherwise required in conventional development, but for attached or semidetached dwelling units the following standard shall prevail: one space per dwelling unit plus 1/2 space per bedroom. No less than 1/3 nor more than 2/3 of the required off-street parking spaces shall be enclosed. Of the unenclosed parking spaces, an amount equal to at least 1/3 of the total number of required spaces shall not be reserved for specific dwelling units and shall be open and available for the use of visitors and guests.

For conservation subdivisions having no minimum required lot area, the following shall apply:

Design considerations. For conservation subdivisions having no minimum required lot area, in order that such subdivisions will be properly planned in relation to the community and personal needs of people, and after referral to the Architectural Review Board for review and report, the following design elements shall be considered by the Planning Board in addition to the specific provisions of Chapter 275, Subdivision of Land, and the normal factors examined in development plan review:

Need for personal privacy.

Visual privacy shall be preserved for residents through the proper design of rear yards and/or patio spaces. Proper screening through the use of vegetation, fencing and partially or fully enclosed patios shall be provided.

Audio privacy shall be maintained by requiring proper standards for solid party walls that will satisfactorily limit sound transmission between adjoining dwelling units.

Need for maintaining the scale of buildings to ensure compatibility with natural and man-made surroundings. Four dwelling units shall be the normal maximum permitted per building to ensure that attached and semidetached units will be compatible in scale with the character of surrounding development and to ensure a pleasant environment for the residents of such units through maximizing views and by providing a close relationship to immediately adjacent open space at the sides of units as well as to the front and rear. The Planning Board may, where it deems necessary, limit the number of dwelling units per building to fewer than four and may permit up to six units in circumstances where building layout or natural terrain conditions can help assure aesthetic design, adequate private and semiprivate open space areas and significant views.

Need for preserving existing neighborhood identity and community scale. In large-scale subdivisions (such as those exceeding 100 dwelling units), the Planning Board shall consider the layout of small neighborhoods or clusters within the development, each having some open space immediately surrounding it, as a goal of proper site plan so that a large, massive concentration of units, with little or no differentiation, can be avoided, and so that the character of the conservation subdivision will match the character of the neighborhood in which it is located. In this manner, a sense of small neighborhood communities can be preserved, open space can be provided in direct relationship to the living units and the sense of a semirural character can be retained. This guideline, however, should not be arbitrarily applied where intrinsic land capabilities and natural terrain features could not be properly respected or where it can be proven, to the satisfaction of the Planning Board, that a particular design of a large subdivision would be more ecologically sensitive through the concentration of development on a particular section of land.

Water and sewerage facilities.

All dwelling units in conservation subdivisions having no minimum required lot area shall be served by public water and sewage treatment facilities, and no certificate of occupancy shall be issued until all dwelling units are connected to approved and functioning public water and sewage treatment facilities. Where, in the opinion of the Planning Board, connection to or establishment of public water and/or sewage treatment facilities is not possible or not warranted, a central water supply and sewage treatment shall be designed and constructed to serve all dwelling units in accordance with the standards and subject to the approval of the Westchester County Department of Health and the New York State Department of Environmental Conservation. Such central systems shall be designed and located in such way as to readily permit their connection and/or conversion to off-site systems at such time as they are constructed.

Where, in the opinion of the Planning Board, the geology of an area is such that wells of large capacity will adversely impact existing wells on adjoining properties, individual water meters for each dwelling unit shall be installed, sufficient measures shall be taken by the applicant to prevent such adverse impact or to indemnify the owners of such impacted wells and/or, where feasible, an off-site source of water supply shall be developed.

Antenna system. A central television antenna system, a dish antenna or cable service, where available, shall be provided for each group of attached dwelling units.

Conserved land areas. 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 the filing of appropriate covenants, deed restrictions, easements or other agreements.

Ownership of conserved land areas. 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 is 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 North 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 North 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:

Membership in the association must be mandatory for each property owner within the subdivision and for any successive property owners.

All restrictions on the ownership, use and maintenance of conserved land areas must be permanent.

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.

Each lot owner within the subdivision shall be made responsible for paying his proportionate share of the association's costs, and the assessment levied by the association shall become a lien on the property if not paid.

The association shall have the power to adjust assessments to meet changing needs.

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.

The establishment of such an association shall be required prior to the final approval of the plat.

Permitted uses in conserved land area. Except where otherwise approved by the Planning Board, conserved land areas shall be preserved in their natural state and the use of such areas shall be limited to appropriate conservation, open space and recreation purposes as determined by the Planning Board. A portion of the conserved land area(s) may be designated "active recreation area" on the subdivision plat, in a location approved by the Planning Board. Such active recreation area shall not exceed 5% of the total area of the proposed subdivision. Within such area structures and facilities for active recreational purposes, including playground equipment, swimming pools, tennis courts and so forth, may be constructed and operated for the use of the property owners in the conservation subdivision and their guests. Where determined appropriate, the Planning Board may specify a phased construction schedule for such structures and facilities. Enlargement of such structures and facilities, or establishment of such structures and facilities not shown on the filed plat, shall be subject to site plan approval procedures as set forth in this chapter.

Application procedure. In addition to compliance with any special standards, requirements and procedures as set forth in this section, conservation subdivisions shall also be subject to review and public hearing by the Planning Board in accordance with the same procedures as would otherwise be applicable to conventional subdivisions. The proposed development plan, as required by Town Law § 281(e) and including areas within which the structures may be located, the height and spacing of buildings, open spaces and their landscaping, off-street open and enclosed parking spaces, and streets, driveways and all other physical features as shown on said plat or otherwise described, accompanied by a statement setting forth the nature of such modifications, changes, or supplementations of existing zoning provisions as are not shown on said development plan, and in the case of conservation subdivisions having no minimum required lot area, floor plan of each dwelling unit design, shall likewise be subject to the same review and public hearing by the Planning Board. For conservation subdivisions having no minimum required lot area, the Planning Board shall forward one copy of the proposed development plan to the Conservation Board, the Architectural Review Board and the Town Engineer. Upon filing of the plat in the office of the County Clerk, a copy shall also be required to be filed with the Town Clerk, who shall make the appropriate notations and references thereto on the official copy of the Town Zoning Map.

§ 355-32 Golf Course Community Floating Overlay District.

[Added 6-10-2015 by L.L. No. 6-2015]

Purpose and intent. It is the purpose and intent of this section to establish the Golf Course Community Floating Overlay (GCCFO) District, and provide for the development of a residential community designed for active adults in which the central focus of the community is an affiliated membership club having an eighteen-hole golf course and other recreational facilities. It is the further purpose and intent of this section to encourage the preservation of golf courses, thereby providing for the recreational needs of the Town and the maintenance of significant open space.

Eligibility, procedure and boundaries. The owner of one or more lots and/or parcels of land in the R-2A District having an aggregate minimum area of 150 acres and at least 1,000 feet of frontage on, and direct access from, a state highway, and on which an eighteen-hole golf course exists on the date of adoption of this section (the "eligible land"), may petition the Town Board to map the GCCFO District, but only on the portion of the eligible land located more than 100 feet from the perimeter property boundaries of the eligible land, it being the intent of the Town Board that the portion of the eligible land not mapped as GCCFO District shall be a buffer area and shall be used only for golf course uses, including access driveways and accessory parking, permitted in the R-2A District. The boundaries of a GCCFO District shall be fixed by amendment to the Town Zoning Map in accordance with the procedure set forth in § 355-80 of this chapter. The affiliated membership club shall be required to meet all membership club special use permit requirements pursuant to Article VII of this chapter via the issuance of a Town Board special use permit. The affiliated membership club shall also require Planning Board site plan approval pursuant to Article VIII of this chapter. Notwithstanding any provision of Article II or Article VII of this chapter, a special use permit for the affiliated membership club may permit temporary public use of the golf course and related facilities during construction of the residences of the golf course community, on reasonable terms and conditions determined by the Town Board.

[Amended 3-22-2023 by L.L. No. 3-2023]

Uses. All uses permitted in the R-2A District shall continue to be permitted in accordance with the requirements of the R-2A District. In addition to uses permitted in the R-2A District, a golf course community is a permitted principal use in the GCCFO District. All uses are subject to Planning Board site plan approval and performance standards in accordance with Articles VIII and X of this chapter and are subject to the requirements of this section. All accessory uses in Column 3 of the Schedule of Residence District Regulations[1] shall be permitted accessory uses to a golf course community.

Editor's Note: The Schedule of Residence District Regulations is included as an attachment to this chapter.

Lot, dimensional and parking requirements for a golf course community. The lot, dimensional, and parking requirements for a golf course community in this section shall supersede the Schedule of Residence District Regulations (§ 355-21 of this chapter). Lot size, lot configuration and other lot dimensional requirements within a GCCFO District shall be determined by the Planning Board in conjunction with subdivision approval. Lot size, lot configuration and other lot dimensional requirements of lots within a GCCFO District shall be based upon the Planning Board's consideration of the character of the neighborhood in which the GCCFO District will be located; the GCCFO District's relationship to adjoining districts, properties and land uses; the GCCFO District's topography; and such other factors the Planning Board may determine to be appropriate. The lots and/or parcels that together comprise a golf course community site are not required to be contiguous, provided that each such lot and/or parcel adjoins the affiliated membership club. All lot, dimensional, and parking requirements in this section, including but not limited to maximum density, maximum building coverage, minimum yards and required off-street parking, shall apply to the land area in the GCCFO District as a whole, notwithstanding that the golf course community site may be comprised of more than one lot and/or parcel, or that the site may from time to time be subdivided or resubdivided, and all determinations and calculations relating to such requirements shall be made with reference to the boundaries of the entire land area in the GCCFO District and as though such area is a single lot (as defined in § 355-4 of this chapter), even though it is or will be comprised of more than one lot and/or parcel.

[2]Density. The maximum permitted density shall not exceed one density unit, as defined in § 355-4 of this chapter, per 133,000 square feet of the aggregate total lot area (as defined in § 355-4 of this chapter) in the GCCFO District and one dwelling unit, as defined in § 355-4 of this chapter, per 1.8 acres of the aggregate total lot area (as defined in § 355-4 of this chapter) in the GCCFO District.

Editor’s Note: Former Subsection D(1), regarding lots and dwelling units in the GCCFO District, was repealed 3-27-2019 by L.L. No. 2-2019. This local law also renumbered former Subsections D(2) through D(6) as Subsections D(1) through D(5), respectively.

Building coverage. The maximum building coverage shall be 3.5%.

Maximum building height. The maximum building height shall be three stories and 39 1/2 feet to the mean level of the primary roof, measured from the level of the finished grade at the main entry to the building.

Minimum floor area.

Minimum gross floor area per dwelling unit shall not be less than the following:

Efficiency: 450 square feet;

One-bedroom: 700 square feet;

Two-bedroom: 900 square feet; and

Three-bedroom: 1,100 square feet.

For purposes of this subsection, the Planning Board may allow balconies or paved terraces to be counted toward the minimum gross floor area requirement in an amount not to exceed 5% of that requirement.

Off-street parking.

The Planning Board shall have the ability to vary off-street parking stall size and aisle width upon consideration of all relevant factors, including the needs of the golf course community.

Up to 25% of enclosed residential off-street parking spaces may, with Planning Board approval, be tandem spaces.

Privacy considerations.

Audio privacy shall be maintained by requiring proper standards for solid party walls that will satisfactorily limit sound transmission between adjoining dwelling units.

Water and sewerage facilities. All dwelling units shall be served by either public or central water and sewage treatment facilities, including facilities owned by Town improvement districts and duly formed water works and sewage works corporations, and no certificate of occupancy shall be issued for a dwelling unit until it is connected to approved and functioning water and sewage treatment facilities. Water and sewerage facilities shall be designed in accordance with the standards and subject to approval of the Westchester County Department of Health and the New York State Department of Environmental Conservation, as applicable.

Affiliation with membership club.

A golf course community must be affiliated with an adjoining membership club which is subject to a Town Board special use permit pursuant to Article VII of this chapter. Such affiliation shall be established by the requirement that, except for the initial developer/sponsor of the golf course community and successor sponsors/owners of units which have not yet been sold for owner occupancy, the owner of a dwelling unit of the golf course community must for the duration of ownership be a member (whether individually or as a family) of the membership club. The terms and conditions of membership shall be determined by the membership club.