[Amended 7-22-2003 by L.L. No. 4-2003]
A.
No site development plan approval shall be required
for single-family detached residential uses or for additions, alterations
or structures accessory thereto. All other principal uses, including
an additional principal use on a lot, shall require a site development
plan approval prior to the issuance of a building permit, certificate
of occupancy or certificate of use except for the following:
(1)
A farm or agricultural operation and the necessary
structures incidental thereto.
(2)
Ordinary repair or maintenance or interior alterations
to existing structures and uses whether such uses are permitted as
of right or nonconforming, provided a conditional use approval or
a special permit is not required. Any repair, maintenance or alterations
involving a nonconforming use shall comply with the pertinent requirements
herein.
(3)
A change of use when such change is to a use within
the same use category (within the same item in the Table of General
Use Requirements[1] for the same zoning district), when such change involves
only interior alterations.
[1]
Editor's Note: The Tables of General Use Requirements are included at the end of this chapter.
B.
No lot or parcel of land shall be used except in conformity
with an approved site development plan, when required.
In considering and acting upon site development
plans, the Planning Board shall take into consideration the public
health, safety and welfare, the comfort and convenience of the public
in general and of the prospective occupants of the proposed development
and of the immediate neighborhood in particular and may prescribe
such appropriate conditions and safeguards as may be required in order
to further the expressed intent of this chapter and accomplish the
following objectives in particular:
A.
Traffic access. All proposed traffic access will be
adequate but not excessive in number; adequate in width, grade, alignment
and visibility; not located too near street corners or other major
access points; and other similar safety considerations.
B.
Circulation and parking. Adequate off-street parking
and loading spaces will be provided to prevent parking of vehicles
on public streets. The interior circulation system will be adequate
to provide safe accessibility to all required off-street parking.
C.
Landscaping and screening. All recreation areas, parking
and service areas and principal accessways will be reasonably screened
from the view of adjacent residential lots and streets at all seasons
of the year.
D.
Compatibility. Signs and lights will be compatible
and in scale with building elements and will not predominate the overall
visual impact of the project. Textures of buildings and paved areas
will be sufficiently varied to prevent a massive or monolithic appearance,
particularly areas of asphaltic paving for parking.
E.
Environment. The design, layout and operational characteristics
of the proposed use will not represent significant adverse impact
on the environment or result in a waste of the land and other natural
resources of the Town. To the greatest possible extent, development
will be in harmony with the natural environment, and adequate compensatory
devices will be prescribed to offset potential significant deterioration
resulting from the project.
F.
Development. The site development plan elements, including
buildings, parking, drainage, circulation, signs and lighting, will
not adversely affect the potential of adjacent properties or the property
under review from its highest and best use. The site development plans
shall comply with the permitting requirements, standards and specifications
of the Town’s regulations for stormwater management and erosion
and sediment control.[1]
[Amended 3-27-2007 by L.L. No. 3-2007; 12-26-2007 by L.L. No.
8-2007]
G.
Westchester County Greenway Compact Plan. The Town
of North Salem has adopted the Westchester County Greenway Compact
Plan, as amended from time to time, as a statement of policies, principles,
and guides to supplement other established land use policies in the
Town.[2] In its discretionary actions under the review of site
development plans, the Planning Board should take into consideration
said statement of policies, principles and guides, and the Greenway
Criteria, as appropriate. The Greenway Criteria promote natural and
cultural resource protection, regional planning, compatible economic
development (agriculture, tourism and revitalization of community
centers), public access to natural and cultural resources and heritage
and environmental education.
[Added 3-22-2005 by L.L. No. 1-2005]
[Amended 7-22-2003 by L.L. No. 4-2003]
A.
Prior to application for a building permit, certificate of occupancy or certificate of use, where required, site development plan approval shall be secured from the Planning Board. Certain uses and activities do not require site development plan approval as specified herein in § 250-45. The site development plan rules and regulations as adopted by the Planning Board provide detailed specifications as to application materials.
B.
Preapplication review. The applicant may use the optional step of
making an informal submission for preapplication review in order to
expedite the overall process. For purposes of an informal submission,
the applicant should provide as much information as he can, keeping
in mind the specific criteria in the site development plan rules and
regulations. The goal of the preapplication review is to discuss issues
and answer questions before the formal review process takes place
in an attempt to better align the work product being submitted by
the applicant with the requirements that will be coming from the Planning
Board. The preapplication review by the Planning Board shall not constitute
a formal application, and no approval can be granted based on it.
At this time, the applicant should outline any modifications he is
requesting from the requirements specified in the site development
plan rules and regulations.
[Amended 9-11-2012 by L.L. No. 6-2012]
C.
Waiver of site development plan approval procedures.
During pre-application review by the Planning Board, an applicant
may make a specific written request to waive the procedures for site
development plan approval. The Planning Board may waive the procedures
for site development plan approval based on reasoning consistent with
the criteria below. In approving a waiver of the application procedures,
the Planning Board shall first make determinations that the proposed
action will not have any effect on the compliance of the lot or use
with any provision of this chapter. The purpose of such determinations
is to ensure that the approved site development plan remains in effect,
all site development standards of this chapter will continue to be
met, and no site work will adversely impact the health, safety and
welfare of the public. The plan submission by the applicant must be
of sufficient detail to enable the Planning Board to conclude that
the project will comply with each of the following criteria:
[Amended 11-9-2010 by L.L. No. 2-2010; 2-25-2020 by L.L. No. 1-2021]
(1)
The existing use and site conditions comply with the
most recent site development plan approval for the premises.
(2)
If a change in use is involved, the existing accessory
site infrastructure (water, septic, stormwater, other utilities, etc.)
and accessory components (parking, loading, lighting, refuse, etc.)
are adequate and zoning compliant for said new use, and provided said
new use is not subject to a conditional use approval or a special
permit.
(3)
The proposed modification is of a small scale and
low intensity, and is designed consistent with the existing site development.
(4)
The application does not involve a determination of
significance (negative declaration or positive declaration) in accordance
with the State Environmental Quality Review Act and will not involve
a substantial increase in traffic and contains adequate parking; and
will be compatible with the neighborhood; and that the project will
be appropriately screened or buffered from the adjoining properties.
(5)
If
the application is for exterior alterations (including additions or
modifications to accessory components such as signs, lighting, mechanicals
or similar) or additions to existing structures, such will not increase
the square footage of the existing structure by more than 25% or 1,000
square feet, whichever is less, and provides commensurate off-street
parking and loading, provided there is no change in use.
(6)
The
application involves site disturbance of 3,000 square feet or less
in total.
(7)
The
application does not involve any variances from the Zoning Board of
Appeals or other waivers from the Planning Board, nor involves a wetland
permit from the Planning Board.
D.
Submissions for site development plan review shall
be made on forms prescribed by the Planning Board and accompanied
by a fee in accordance with the Standard Schedule of Fees of the Town
of North Salem. Such submission shall be submitted to the Planning
Board at least two weeks prior to the Planning Board meeting at which
review is sought. The Planning Board shall review applications in
accordance with the Site Development Plan Rules and Regulations of
the Town of North Salem, including referral to such Town departments,
agencies and consultants as are necessary to evaluate the proposal.
E.
Waiver of public hearing. Upon written request of
the applicant, the Planning Board may grant a waiver of the requirement
for a public hearing during site development plan review if an application
meets the following criteria:
[Amended 7-22-2003 by L.L. No. 4-2003[1]]
A.
An application for site development plan approval
shall be prepared and submitted in accordance with the Site Development
Plan Rules and Regulations of the Town of North Salem.
B.
The final site development plan and all supporting
materials shall be subject to review and consultation in accordance
with the Site Development Plan Rules and Regulations of the Town of
North Salem. The Planning Board shall make a determination on the
application within 62 days of the close of the public hearing. In
the event no determination is made within 62 days, and the applicant
has not waived the time requirements, the application shall be deemed
approved. The Board shall include such conditions of approval as were
required, and in addition:
(1)
The Planning Board shall require that on- or off-site
improvements be installed, including but not limited to on- or off-site
drainage systems to ensure that all drainage, storm runoff and subsurface
waters are properly managed and treated prior to entering existing
watercourses and drainage systems. The site development plans shall
comply with the permitting requirements, standards and specifications
of the Town’s regulations for stormwater management and erosion
and sediment control.[2]
[Amended 3-27-2007 by L.L. No. 3-2007; 12-26-2007 by L.L. No.
8-2007]
(2)
No certificate of occupancy or use shall be issued
for the site until all the improvements shown on the site development
plan, including off-site requirements required by the site development
plan, have been duly installed and all easements and property interests
granted or dedicated to the Town.
(3)
A temporary certificate of occupancy (or use) for
periods of 90 days, but not more than one year in the aggregate, for
a building, structure or part thereof may be issued before all the
on-site improvements are complete; provided, nonetheless, that such
portion or portions of the site improvements as are necessary to permit
the site to be occupied safely without endangering life or the public
welfare have been completed. The Building Inspector shall require
a cash deposit to ensure and guarantee the completion of the on-site
improvements. The Building Inspector shall determine the sum of such
cash deposit.
(4)
The site shall be developed to strict conformity to
the approved site development plan except as provided for below. When
the approval of a field change (see definition of a "field change")
is requested of the Building Inspector or other appropriate Town inspection
agency, such request shall be submitted to the appropriate inspecting
agency in writing. No field change shall be valid unless a copy of
the requested change is filed with the Planning Board, with the approval
of the appropriate agency noted thereon or appended thereto, within
five days of such approval. Such field change shall be reviewed with
the Planning Board before being approved and shall not be granted
if a majority plus one of the membership of the Planning Board disapproves
of such field change.
[1]
Editor's Note: This local law also repealed
former § 250-48, Preliminary review and approval, and renumbered
former §§ 250-50 through 250-52 as 250-49 through 250-51.
[Amended 5-28-1991]
Upon submission of the final site development plan with modifications required by the Planning Board upon its final approval, and upon satisfaction of any conditions imposed by such approval, the Chairman of the Planning Board shall sign the approved site development plan and file one copy with the Building Inspector, who may thereafter issue a building permit, certificate of occupancy and certificate of use in reliance thereon in accordance with Article XV. Site development plan approval shall expire within 18 months of approval unless a building permit has been issued for the approved site development plan. Such period may be extended by six months on separate application to the Planning Board prior to the date of expiration.
An application for an amendment of any approved
site development plan for a site which has received prior final site
development plan approval shall be processed in accordance with the
preceding provisions. However, only those site development plan elements
proposed to be modified or changed need be presented, except where
such modifications or changes have a material and substantial impact
on the balance of the site development plan and functioning of the
site. The applicant's licensed design professional shall submit a
letter, and a drawing when necessary, indicating the scope of the
proposed change no later than 20 days before a Planning Board meeting
for a determination by the Planning Board as to whether the proposed
amendment shall require a public hearing. Fees for an amended site
development plan approval shall be in accordance with the Standard
Schedule of Fees of the Town of North Salem.[1]
[1]
Editor's Note: The Standard Schedule of Fees
is on file in the office of the Town Clerk.
It shall be the duty of every property owner
to maintain his property in conformity with the approved site development
plan. Failure to do so shall constitute a violation of this chapter.
