Pursuant to the provisions of § 274-a of the Town Law and § 250-121 of this chapter, the Planning Board is authorized to adopt rules and regulations pertaining to the incorporation of landscape materials in any project requiring site development plan approval and for the environmental control of such projects.
[Amended 7-23-2013 by L.L. No. 5-2013]
A. 
Landscape.
(1) 
All exterior areas shall be suitably landscaped to be consistent and compatible with the surrounding neighborhood area, and to effectively screen and buffer the nonresidential aspects of the permitted use.
(2) 
Landscaping shall be required to minimize environmental impacts associated with enlarged parking and other paved surfaces associated with the accessory needs of a nonresidential facility and use, while improving the visual aesthetic of the surrounding primarily rural residential and farm community.
(3) 
The use of native and noninvasive plant species shall be the focus of landscaping plans.
(4) 
Landscaping shall include a mixture of deciduous and evergreen shade and screen trees, ornamental trees, shrubs, perennials and ground covers other than lawn. Areas of lawn shall be minimized to reduce site maintenance and erosion concerns. Annual plantings are also encouraged to supplement principal site landscaping. Fencing, stonewalls and other landscape features are to be utilized to assist with the integration of nonresidential uses with the predominance of residential uses within the community.
(5) 
The Planning Board may require the preparation of landscape plans to be provided by a New York State licensed landscape architect.
B. 
Exterior lighting.
(1) 
Lighting shall be limited to that necessary for operational and safety functions, the design of which shall be designed and maintained in a manner that is consistent and compatible with area residential land uses and properties.
(2) 
Lighting shall be directed and arranged so as to reflect light away from adjoining streets and properties. Lighting shall not project onto nor shall light sources be visible from neighboring properties.
(3) 
Lighting shall be dark-sky compliant, utilizing fixed light fixtures which are fully shielded and 100% cut off, the design, scale and massing of which shall be the minimal necessary as determined by the Planning Board.
(4) 
Internally illuminated signs shall be prohibited.
(5) 
The Planning Board may require the replacement of existing light fixtures deemed noncompatible to these standards.
C. 
Erosion and sediment controls. Erosion and sediment controls shall be provided consistent with the requirements and standards set forth in Chapter 193, Stormwater Law of the Code of the Town of North Salem.
D. 
Maintenance and upkeep. The maintenance and upkeep of site lighting and landscaping shall be a requirement of continued use and zoning compliance.
E. 
The above landscape and lighting requirements and erosion and sedimentation controls for any use requiring site development plan approval may be waived or modified by the Planning Board where, due to special characteristics of the project site, the proposed use, surrounding area or buildings and structures, such changes are necessary to ensure compatibility and conformance with other standards or criteria of this chapter.
The provisions of the State Environmental Quality Review Act (SEQRA) shall be complied with as appropriate. Fees for SEQRA processing are in addition to other fees required by this chapter as set forth in 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.
Any lot or site containing freshwater wetlands shall comply with the requirements of the Freshwater Wetlands Protection Law of the Town of North Salem.
No building or structure shall be erected, constructed, enlarged, altered or moved or cleared or excavation made therefor nor shall any site work be conducted except in compliance with the Blasting Law of the Town of North Salem.
A. 
Conformance required. No use shall hereafter be established, altered, moved or expanded unless it complies with the performance standards set forth in this section. Continued conformance with such standards shall be a requirement for the continuance of any certificate of occupancy.
B. 
Standards.
(1) 
Noise.
(a) 
Method of measurement. For the purpose of measuring the intensity and frequencies of sound, sound-level meters and octave-band filters shall be employed. Octave-band analyzers calibrated with pre-1960 octave bands (American Standards Association Z24.10-1953, Octave Band Filter Set) shall be used. Sounds of short duration, which cannot be measured accurately with the sound-level meter, shall be measured with an impact noise filter in order to determine the peak value of the impact.
(b) 
Maximum permitted sound pressure level. The decibels resulting from any activity, whether open or enclosed, shall not exceed at any point on or beyond any lot line the maximum decibel level for the designated octave band as set forth in the following table, except that where the lot lies within 200 feet of a residence district, whether within or without the Town, the maximum permitted decibel level at any point on or beyond the district boundary shall be reduced by six decibels from the maximum permitted level set forth in the table, and further, except that such reduction shall also apply to any sound emitted between the hours of 9:00 p.m. and 7:00 a.m. and all day Sunday.
Octave Band
(cycles per second)
Sound Pressure Level
(decibels)
0 - 74
66
75 - 149
58
150 - 299
55
300 - 599
50
600 - 1,199
45
1,200 - 2,399
42
2,400 - 4,799
38
4,800 - 20,000
35
(c) 
Exemptions. The following uses and activities shall be exempt from the noise level regulations:
[Amended 6-23-2015 by L.L. No. 2-2015]
[1] 
Noises not directly under the control of the property user.
[2] 
Noises emanating from construction activities between the hours of 7:00 a.m. and 6:00 p.m., or by sunset, whichever comes first, on weekdays; and between the hours of 8:00 a.m. and 5:00 p.m. on Saturdays. There shall be no exemption on Sundays or national holidays.
[3] 
Noises emanating from routine maintenance activities between the hours of 8:00 a.m. and 6:00 p.m., or by sunset, whichever comes first, Monday through Friday, and 8:00 a.m. and 5:00 p.m. on Saturdays, and 10:00 a.m. and 5:00 p.m. on Sundays.
[4] 
The noises of safety signals, warning devices, emergency pressure relief valves or other emergency warning signals.
[5] 
Transient noises of moving sources, such as automobiles, trucks, airplanes and railroads.
(2) 
Vibration.
(a) 
Method of measurement. For the purpose of measuring vibration, a measuring system approved by the Planning Board shall be employed.
(b) 
Maximum permitted steady state and impact vibration displacement. No activity shall cause or create a steady state or impact vibration on any lot line with a vibration displacement by frequency bands in excess of that indicated in the following table:
Frequency
(cycles per second)
Vibration Displacement
(inches)
Steady State
Impact
Under 10
.0005
.0010
10 - 19
.0004
.0008
20 - 29
.0003
.0006
30 - 39
.0002
.0004
40 and over
.0001
.0002
(3) 
Smoke, dust and other atmospheric pollutants.
(a) 
General control. The emission of smoke and other particulate matter shall not be permitted regardless of quantity, if it will be in any way detrimental to the public health, safety, welfare or comfort or a source of damage to the property.
(b) 
Method of measurement of smoke. For the purpose of grading the density of smoke, the Ringelmann Smoke Chart shall be used to determine the total smoke units emitted. A reading shall be taken every minute for an hour or, if less than an hour, until the total smoke units emitted exceed the number allowed by these regulations. Each reading shall be multiplied by the number of minutes during which it was observed and the product added.
(c) 
Maximum permitted emission of smoke. There shall be no measurable emission of smoke, gas or other atmospheric pollutant. The emision of one smoke unit per hour and smoke with discernible density of Number 1 on the Ringelmann Smoke Chart shall be prohibited.
(d) 
Maximum permitted emission of dust. The emission of dust related to combustion for indirect heating from any source shall not exceed 0.30 pounds of dust per thousand pounds of flue gas adjusted to 50% excess air for combustion. There shall be no measureable emission of dust or other particulate matter not related to combustion for indirect heating. All properties shall be suitably improved and maintained with appropriate landscaping and paving or other type of improvement, so that there will be no measurable windblown dust or other similar types of air pollution created.
(4) 
Odorous matter. No land use shall be permitted which emits any discernible odor outside the building in which the use is conducted.
(5) 
Toxic or noxious matter. No use shall be permitted which will cause any dissemination whatsoever of toxic or noxious matter outside the building in which the use is conducted.
(6) 
Radiation and electromagnetic interference.
(a) 
Radiation. The handling, storage or disposal of radioactive materials or waste byproducts shall be prohibited, except when used at a health-related facility in the treatment of patients.
(b) 
Electromagnetic interference. No operation shall be permitted which produces any perceptible electromagnetic interference with normal radio or television reception in any area within or without the Town.
(7) 
Fire, explosive hazard and heat.
(a) 
Fire and explosive hazard. No storage or manufacture of explosives or solid materials or solid products which burn actively or which has a low ignition temperature or a high rate of burning or create great heat, under ordinary temperature conditions, shall be permitted, except as otherwise permitted by law or by permit under license by the Town as provided for in Local Law No. 7-1985, Blasting Law of North Salem.
(b) 
Heat. There shall be no emission of heat which would cause a temperature increase in excess of 1° F. along any adjoining lot line, whether such change be in the air, in the ground or in any watercourse or water body.
(8) 
Liquid or solid wastes. The discharge of any or all wastes shall be permitted only if in complete accordance with all standards, laws and regulations of the Westchester County Department of Health, New York State Department of Environmental Conservation or any other regulatory agency having jurisdiction. Facilities for the storage of solid waste shall be so located and designed as to be screened from the street or from any adjoining property and so as to discourage the breeding of rodents or insects.
(9) 
Vehicular traffic. No business or industrial use shall be permitted where it is determined by the Planning Board that the type and number of vehicle trips it is estimated to generate would be expected to produce unusual traffic hazards or congestion or cause or induce emissions which may be expected to interfere with the maintenance of air quality standards established by the United States Environmental Protection Agency, the New York State Department of Environmental Conservation or other' regulatory agency having jurisdiction, due to the design or capacity of the state or highway system, the relationship of such proposed use to surrounding or nearby industrial, commercial or residential uses or other factors affecting air pollution arising from mobile-source activity.