[Amended 3-14-1996 by L.L. No. 1-1996; 7-13-2011 by L.L. No. 6-2011; 6-13-2012 by L.L. No. 3-2012; 4-29-2020 by L.L. No. 3-2020]
No building permit shall be issued, and no structure or use of land shall be established or changed, other than for one single-family dwelling approved in accordance with the procedures specified in Article VII of this chapter, except in conformity with a site development plan approved and endorsed by the Planning Board with its date of approval, and no certificate of occupancy for such structure or use of land shall be issued until all the requirements of such site plan and any conditions attached thereto have been met. The continued validity of any certificate of occupancy shall be subject to continued conformance with such approved plan and conditions. Revisions of such plans shall be subject to the same approval procedure. Where the Building Inspector finds that a change of use or occupancy will not require an increase in the number of off-street parking or loading spaces, as required by Article IX, beyond that required for the previous use, or in the number of spaces actually approved for construction to serve the previous use, site plan approval requirements may be waived by said Board. However, an applicant, upon the submission of all required forms and the payment of the required fee, may request that the Building Inspector review a minor proposal for the categories identified in § 355-42, provided that the minor amendment does not include a change of use or principal building enlargement; will not substantially intensify the use or substantially modify the site with respect to generation of traffic, pedestrian movement, parking needs, noise, glare, exposure to hazard from fire or flood, utilization of water supply, sanitary sewer, drainage or other utility system; and will not in any other way have a substantial impact upon the character or environment of the surrounding area. Unless such request is made, minor proposals shall follow the requirements for a regular site plan. If the Building Inspector determines that the proposal is consistent with the general purpose and intent of this chapter, site development plan approval for a minor proposal may be issued by the Building Inspector. At any time prior to the issuance of the minor site development plan approval, the Building Inspector or the applicant may request review by the Planning Board, which shall follow the procedures for a regular site plan.
[Added 6-13-2012 by L.L. No. 3-2012; amended 4-29-2020 by L.L. No. 3-2020]
Minor site plan amendment categories are:
A. 
Construction/modification of site lighting.
B. 
Planting/modification of site planting/screening.
C. 
Construction/modification of fencing.
D. 
Construction/modification of garbage enclosures.
E. 
Restriping of parking spaces.
F. 
Relocation of handicap parking spaces.
G. 
Adjustment to curbing.
H. 
Construction/modification of sidewalks and walkways.
I. 
Construction/modification of generators.
J. 
Construction/modification of aboveground tanks that contain 275 gallons or less.
K. 
Construction/modification of underground tanks.
L. 
Construction/modification of external refrigerators.
M. 
Construction/modification of transformers.
N. 
Construction/modification of bollards.
[Amended 4-22-1993 by L.L. No. 2-1993]
An application for site development plan approval shall be made with 10 copies to the Planning Board Secretary two weeks before the next Planning Board meeting. It shall be accompanied by a detailed development plan prepared by a registered architect or professional engineer, which plan shall contain or be accompanied by the following information: a map showing the applicant's entire property and adjacent properties and streets; a locator map at a convenient scale; the proposed location, use and design of all buildings and structures; any proposed division of buildings into units of separate occupancy; detailed breakdowns of all proposed floor space by type of use and floor level; existing topography and proposed grade elevations; location of drives thereto; location of any outdoor storage; location of all existing and proposed site improvements, including drains, culverts, retaining walls and fences; description of method of water supply and sewage disposal and location of such facilities; location, design and size of all signs; and location and design of lighting, power and communication facilities. In an industrial district, specific uses proposed, number of employees for which buildings are designed, type of power to be used for any manufacturing process, type of wastes or by-products to be produced by any manufacturing process and proposed method of disposal of such wastes or by-products shall be shown. In a multifamily district, floor plans of each dwelling unit shall be shown, and elevations and cross sections also may be required. The name and address of the applicant, property owner(s) if other than the applicant and of the planner, engineer, architect, surveyor and/or other professionals engaged to work on the project shall be shown. Where the applicant or owner is a corporation, the Planning Board may require the names and addresses of all officers, directors and principal stockholders of said corporation. Written authorization from the owner(s) to submit the application shall be required where the applicant is not the owner of the affected property. Any other pertinent information as may be necessary to determine and provide for the proper enforcement of this chapter shall also be provided. An application fee, in accordance with § 355-79A shall be submitted with each application. For minor site development plans, or in other appropriate circumstances, the Planning Board or Town Engineer may waive the provision of any items of information listed in this section, and the Town Engineer may waive the requirement to have the site plan prepared by a registered architect or professional engineer.
[Added 11-15-2006 by L.L. No. 22-2006]
A. 
The Planning Board shall schedule and conduct a public hearing on each site development plan application located in a business, office or industrial zoning district within 62 days from the date of the meeting at which it was officially submitted. Public notice of such hearing shall be given by publication in the Town's official newspaper 10 days prior to the date thereof.
B. 
Notice of hearing shall be sent by first class mail to all property owners within a distance of 250 feet of all property lines. In addition, the Board shall give any other notice required by law. Notice of hearing shall be mailed by the applicant at least 10 days before such hearing 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]
[Added 10-7-2015 by L.L. No. 8-2015]
The Planning Board shall not approve a duly submitted site plan unless it shall find that such plan conforms to the requirements of this chapter. In reviewing the site plan, the Planning Board shall also take into consideration the public health, safety and general welfare and shall set appropriate conditions and safeguards which are in harmony with the general purpose and intent of these regulations, including, without limitation, in regard to achieving the following:
A. 
An adequate, convenient and safe vehicular and pedestrian circulation system, so that traffic generated by the development will be properly handled both within the site and in relation to the adjoining street system.
B. 
A site layout that will have the minimum adverse effect upon the established character or potential use of any adjoining properties.
C. 
The reasonable screening at all seasons of the year from the view of adjacent residential properties and streets of all parking and loading areas or other features that, in the opinion of the Planning Board, require such screening.
D. 
A drainage system designed to the satisfaction of the Town Engineer and meeting the requirements of Chapter 267, Stormwater Management, of the Town Code.
E. 
The underground installation of all utilities and services, including lines and equipment, for providing power and/or communication, in order to achieve greater safety and improved appearance.
F. 
Conformance of the final site development with the Town Comprehensive Plan.
G. 
Consideration of the project's impact on the natural and man-made environment, with emphasis on minimizing the adverse effects thereon.
H. 
A plan which takes advantage of solar access.
I. 
The site plan shall be designed so that the created landscape is harmonious with the natural features of the site.
J. 
The relationships of improved areas and open spaces are designed to be harmonious with existing structures, terrain and landscape.
K. 
Reasonable provisions are made for sight and sound buffers, the preservation of views, light and air, and those aspects of structure, improvement and land design not otherwise regulated that may have substantial effects on neighboring land uses.
L. 
New designs of structures, improvements and land are consistent and harmonious in relationship to existing streetscapes and the predominant architecture of the area.
M. 
All outdoor lighting shall meet the following standards:
(1) 
No use shall produce illumination beyond the boundaries of the property on which it is located in excess of 0.5 footcandle, measured vertically at five feet above the ground, at the property line. Notwithstanding the above, where two commercial properties about each other, a maximum vertical illumination at five feet above the ground, at the property line, of 1.0 footcandle is permitted.
(2) 
All lighting shall be building- or pole-mounted, shielded floodlights and/or shielded spotlights and shall be down-lit or adequately shielded so as not to create glare.
(3) 
All exterior luminaires, including luminaires installed under canopies, shall be full-cutoff fixtures.
(4) 
The mounting height for any lighting fixture shall not be greater than 25 feet.
(5) 
The Planning Board may require operable photocells, motion sensors, or timers that allow a light to go on at dusk and off by an appropriate evening hour, as well as shields to alleviate nuisance and disability glare.
(6) 
The Planning Board may require reflector markers, lines, signs or other passive means for illumination to be used in order to avoid excessive or unnecessary light.
(7) 
The Planning Board may require parking area lights to be greater in number, lower in pole height and lower in light level, as opposed to fewer in number, higher in pole height and higher in light level, in order to avoid excessive or unnecessary light.
[Amended 11-15-2006 by L.L. No. 22-2006]
Within 62 days of the date of the close of the public hearing, the Planning Board shall act to approve, approve with modifications or disapprove the proposed site development plan. A copy of the Board's decision shall be filed in the office of the Town Clerk within five days after such decision is rendered and a copy thereof shall be mailed to the applicant. The time within which the authorized board must render its decision may be extended by mutual consent of the applicant and said board. However, failure to act within the specified time periods shall not result in the approval of the application by default.
[Added 11-15-2006 by L.L. No. 22-2006]
Within 60 days of the date of approval or approval with modifications, the applicant shall present to the Planning Board a corrected final site plan in reproducible form, including any modifications required by the Planning Board as a condition of its approval. Upon verification by the Planning Board and the Town Engineer that the plan complies with the requirements of the Board's approval, the plan shall be endorsed by the Planning Board Chairman and the Town Engineer.
[Amended 12-13-2006 by L.L. No. 30-2006; 5-23-2012 by L.L. No. 2-2012]
In acting on any site development plan application, the Planning Board shall take into consideration the recommendations of the Town Development Plan, the provisions of Chapter 177, Flood Damage Prevention, Chapter 340, Wetlands and Watercourse Protection, the existing topography and site conditions, including wetlands, watercourses, water bodies, adjacent areas, floodplains, steep slopes, soil conditions, rock outcroppings, vegetation and stone walls, the proposed location, height and bulk of buildings, traffic circulation within and without the site, provision of off-street parking space, location and provision of off-street parking for the handicapped, exterior lighting, buffer areas and other open spaces, appearance of utility lines and display of signs, so that the impact of development on the environmental quality and scenic character of the site will be minimized, so that it will have a harmonious relationship with the existing or permitted development of contiguous land and of adjacent neighborhoods and so that pedestrian and vehicular traffic will be handled adequately and safely within the site and in relation to the adjoining street system. Where determined appropriate, the Planning Board may forward for review and report one copy each of the application to the Conservation Board (mandatory in the case of properties listed on the open space index), the Architectural Review Board, the Housing Board, the Town Engineer and the Town Wetlands Consultant.
The Planning Board may, on its own initiative, propose a general or specific site plan for a particular area where site development plan approval may be required in the future, using as a guide the requirements of this chapter.
[Amended 5-23-2012 by L.L. No. 2-2012]
In accordance with the requirements of the State Environmental Quality Review Act, the Planning Board may require the applicant, at his own expense, to furnish impact studies covering aspects of the environment such as traffic, noise and air quality. The basic components of these studies shall be:
A. 
A description of the proposed action and the area of activities affected.
B. 
A discussion of adverse and beneficial environmental impacts. Environmental impacts are to be interpreted in the broadest sense and shall include not only hydrologic, atmospheric, geologic, vegetative, scenic and historic considerations but also socioeconomic components.
C. 
An analysis of available alternatives and their environmental effects, including conventional development according to the standards of the district in which the land is located.
D. 
Potential mitigating measures to minimize the negative environmental impacts.
[Added 12-19-2007 by L.L. No. 22-2007]
A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter 267, Stormwater Management, of the Town Code shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Chapter 267. The approved site plan shall be consistent with the provisions of Chapter 267.
Upon completion of construction, and unless waived by the Planning Board, two copies of an as-built site plan shall be submitted to the Planning Board, which plan shall show all elements of the site as actually constructed. No certificate of occupancy may be issued until the site plan has been reviewed by the Planning Board and the Building Inspector and found to be in compliance with the approved site plan, or has been approved by the Planning Board as the final site plan, or a performance bond has been posted, in form and sufficiency acceptable to the Town Board to ensure compliance with the approved site plan.
[Amended 7-8-2009 by L.L. No. 8-2009]
A site development plan approval shall be deemed to authorize only the particular use or uses shown on the approved site plan and shall expire if work is not initiated in accordance therewith within one year or if the uses for which site development plan approval was granted cease for more than one year from the date of the issuance of the certificate of occupancy or if the building permit obtained for the project has expired or if all such required improvements are not maintained and all conditions and standards complied with throughout the duration of the use.