Town of North Salem, NY Article XIII Conditional Use and Special Permit Standards

§ 250-65 General conditions and standards.

[Amended 1-20-1998 by L.L. No. 2-1998; 9-23-2014 by L.L. No. 5-2014]

Prior to approving any conditional use or special permit, the approving agency shall determine the conformity of such use and the proposed development therefor with conditions and standards as set forth in this chapter. The approving agency may adopt additional rules and regulations pursuant to § 250-121 of this chapter. Conditions prerequisite to approval of such uses are of a general and specific nature. In various provisions of this chapter, specific supplemental standards are enumerated for certain uses, which standards shall be the minimum conditions for such use. The general conditions and standards for conditional use and special permit approval are as follows:

A. The proposed use shall be of such location, size and character that it will be in harmony with the appropriate and orderly development of the district in which it is proposed to be situated and not be detrimental to the site or adjacent properties in accordance with the zoning classification of such properties.

B. The location and size of such use, the nature and intensity of operations involved in or conducted in connection therewith, its site layout and its relation to access streets shall be such that both pedestrian and vehicular traffic to and from the use and the assembly of persons in connection therewith will not be hazardous.

C. The location and height of buildings, the location, nature and height of walls and fences and the nature and extent of landscaping on the site shall be such that the use will not hinder or discourage the development and use of adjacent land and buildings.

D. The proposed use will not require such additional public facilities or services or create such fiscal burdens upon the Town greater than those which characterize uses permitted by right.

E. As a condition of all special permits and conditional use permits, right of entry for inspection with reasonable notice shall be provided for to determine compliance with the conditions of said permit.

F. As a condition of all special permit and conditional use permits, a time limitation (i.e., requirement for a periodic renewal review and approval) and/or a requirement that continued ownership be maintained (i.e., requirement for a new approval with a change in ownership) may be imposed by the approving agency. The consideration of such renewal may be subject to public notice and hearing, and may be withheld upon determination that conditions as may have been identified in the original grant requiring that the use be of temporary duration now necessitate cessation of such use or imposition of additional or supplemental safeguards or conditions or that the original conditions as may have been prescribed for such permit have not been or are not being complied with, wholly or in part. Notices of violation shall be a prima facie evidence of lack of conformity to such standards or conditions.

G. In addition to the general standards for conditional uses and special permits as set forth above, the approving board may, as a condition of approval of any such use, establish any other additional standards, conditions and requirements, including a limitation on hours of operation, as it may deem necessary or appropriate to promote the public health, safety and welfare and to otherwise implement the intent of this chapter.

§ 250-66 Public utilities.

[Amended 2-24-1998 by L.L. No. 4-1998; 9-23-2014 by L.L. No. 5-2014]

Public utilities are subject to the following supplementary requirements:

A. These uses shall be subject to a finding, in addition to the standards of § 250-65, that a public necessity exists for such use, and that use of the particular site for which application is made is necessary from the public standpoint. These uses shall have a primary purpose of the distribution, collection and/or delivery of utility, communication (excluding communication towers and facilities as set forth in § 250-77.5 of this chapter) or similar service to some or all of the residents of North Salem, and, in this connection, the nature of the use shall conform to any limitations which this chapter, either by its general definition of public utility, a more specific definition of the particular use or otherwise, places upon the same.

B. The Planning Board may require that such use be enclosed by protective fencing with a gate, which shall be closed and locked except when necessary to obtain access thereto.

C. The installation shall be so designed, enclosed (landscaping and protective fencing with a gate, which shall be maintained closed and locked except when necessary to obtain access thereto by authorized individuals), painted or colored, and screened with evergreens and/or a combination of multi-seasonal landscaping, walls, fences and other landscape treatments that it will be harmonious with the area in which it is located. The entire property shall be suitably landscaped and maintained in reasonable conformity with the standards of property maintenance of the surrounding neighborhood.

D. Adequate off-street parking areas shall exist or be provided for maintenance, service or other vehicles.

E. In appropriate cases, satisfactory evidence shall be submitted establishing that there will be no interference with radio and television reception and/or wireless communication services on adjoining property in the neighborhood.

F. An application for a new, enlarged or replacement substation, transformer, switching station or similar facility shall include as part of the application a current study of the feasibility of installing such facilities underground and shall, if required by the Planning Board, furnish such other data, studies and reports as will enable the Planning Board to determine whether the particular facility for which a permit is sought should be required to be placed underground.

G. New development served by new or extensions of existing public utilities shall require that all utility lines (collection, transmission or distribution) be placed underground. Where possible, altered and replacement utility lines in areas of existing development shall also be placed underground.

§ 250-67 Public utility emergency staging facility.

[Added 9-23-2014 by L.L. No. 5-2014[1]]

A. Intent.

(1) The intent of these regulations is to provide for and permit in a controlled manner temporary emergency staging facilities needed to better ensure a timely and efficient response to a natural disaster or other health and safety emergencies by public utility service providers. Land use activities associated with a temporary emergency staging facility are characterized by their short term (i.e., for the duration of an emergency condition) and need for a coordinated location to mobilize public utility crews in greater numbers than otherwise utilized to maintain standard daily operations. Such temporary emergency staging activities, which if permanent, would not otherwise be allowed by the underlying district. Such temporary use has no inherent rights within the zoning district in which located.

(2) The nature of the permitted temporary use shall be such that normally it will be in harmony with the general purposes of this chapter and in harmony with the appropriate and orderly development of the district in which it is situated and adjacent districts, and will not cause or result in:

(a) Contravention of the performance standards set forth in § 250-58 of this chapter.

(b) Dissemination of dust, smoke, gas or fumes, odor, noise, vibration or excessive light beyond the boundaries of the lot on which the use is conducted.

(c) Harmful discharge of waste materials into the ground, water or atmosphere or which constitutes a menace to persons, surrounding properties or plant growth by reason of fire, explosion or other physical hazard.

(d) Unusual traffic hazards or congestion due to the type or amount of vehicles required, or idling vehicles on site for prolonged periods.

(e) Dangerous conditions affecting the comfort, peace, enjoyment, health or safety of the community or abutting areas or tend to its disturbance or annoyance.

B. Location. A site for a public utility emergency staging facility and its access driveway shall be located no more than 2,000 feet from a full interchange with I-684 (as measured from the center line of the site's access driveway at the adjoining street to the center point of the full exchange).

C. Permitted uses and activities.

(1) During emergency events. The following limited uses and activities shall be permitted, in accordance with conditional use and site development plan approvals, during a period of an emergency event:

(a) Temporary emergency staging activities of a public utility during a natural disaster or other health and safety emergency.

(b) Emergency response support services within permanent and/or temporary buildings and structures, which may be constructed to support staging activities and to provide short-term shelter for logistic and field crew prior to and following deployment when at the facility.

(c) Indoor and outdoor storage of materials and equipment utilized during an emergency event (that which is associated with the deployment and support of emergency response crews).

(2) During nonemergency periods. The use of an approved emergency staging facility shall be limited to the following during nonemergency periods:

(a) The use of any permanent buildings and structures shall be limited to storage of materials and equipment, which otherwise will not be used or deployed until a subsequent emergency event, including the replenishment or stocking of new emergency supplies and materials.

(b) Any approved temporary buildings and structures used during an emergency event shall be promptly dismantled following conclusion of an emergency response and removed from the property or stored on site according to an approved operations and maintenance plan as required herein.

(c) Outdoor storage of approved oversized materials brought to the site during a preceding emergency event, which materials were not deployed or ultimately needed in response to the emergency, and which are stored in an appropriate manner and location as indicated on the approved site development plan.

D. Prohibited uses and activities. To protect the surrounding neighborhood, adjacent properties and the orderly use and development otherwise permitted in the underlying zoning district, the following uses shall be strictly prohibited:

(1) Uses and activities not specifically permitted above.

(2) Nonemergency use, staging and storage activities (i.e., use and activities otherwise associated with regular maintenance or standard daily operations and services).

(3) Utility installation and construction staging and storage unrelated to an active and ongoing response to an emergency event.

(4) Bulk fuel storage used for vehicles and equipment.

(5) Installation and use of temporary buildings and structures during nonemergency periods.

E. Supplemental bulk standards.

(1) Maximum building coverage, including permanent and temporary buildings and structures shall not exceed 2% of the lot area.

(2) No single building or structure shall exceed a gross floor area building footprint of 8,000 square feet.

(3) No single building or structure shall exceed one story and 20 feet in height.

(4) Maximum development coverage shall not exceed 30% of the lot area.

(5) All buildings, structures, internal circulation driveways (except at point of street access) and staging activities shall be no closer than 100 feet to any property line.

F. Supplemental site design standards.

(1) Abutting streets shall be of adequate capacity to handle safely and without undue congestion the traffic associated with the use to which access is given.

(2) Access and service driveways shall be laid out in such a manner that connections with abutting streets on which the lot has frontage are located and designed so as to avoid unsafe conditions.

(3) An adequately configured and designed internal circulation system shall be provided, including a surface treatment deemed acceptable by the Planning Board. Pervious surface material shall be used to the maximum extent practicable. Appropriate stormwater management controls shall be required.

(4) Existing site vegetation shall be preserved to the maximum extent practicable, thereby minimizing site clearing and disturbance.

(5) Buildings, structures and staging areas shall be located so as to minimize visibility from adjacent properties and abutting streets.

(6) At minimum, perimeter screening and buffering, as approved by the Planning Board, shall be provided and maintained within the area of applicable setbacks. The Planning Board may require expanded screening and buffering between any component of the site and adjoining properties, given the site proposed use, the use of adjoining parcels, and the natural topography and vegetative cover.

(7) The Planning Board may require security fencing be located around staging areas to address safety concerns given the temporary nature of the use.

G. An operations and maintenance plan shall be provided, which plan shall describe and detail how the site would be utilized and maintained during emergency and nonemergency conditions, including:

(1) Site staging operations.

(2) Location and containment of all materials and equipment storage.

(3) Safety measures to be employed to control the site, staging activities and the well-being of crew personnel and the surrounding neighborhood and adjacent land uses.

(4) Schedule for breakdown and site cleanup to be implemented following an emergency event.

(5) Schedule for ongoing site maintenance controls and measures.

(6) Copies of typical "Notices" to be sent to the Building Inspector at the onset of an emergency (at a time convenient) and within seven days of site cleanup following an emergency event utilizing the facility.

(7) A reporting component as deemed acceptable by the Planning Board.

H. No permanent signs, except a single site identification sign with emergency contact information at the site entrance shall be permitted. The size of such sign shall not exceed four square feet and shall be placed at least 10 feet from any property line. Said sign shall not be illuminated.

I. Lighting during nonemergency events shall be minimized to that need for site safety and maintenance. All lighting, including during permitted emergency staging activities, shall not be directed on adjacent streets or properties. All lighting shall be directed downward and inward to the site so the light source is not visible from any adjacent property. Fully fixed shield lights with timing devices shall be utilized on light fixtures to control and direct the illumination pattern and to prevent spillage horizontally and/or across property lines.

[1] Editor's Note: This local law also repealed former § 250-67, Dormitories. See now § 250-77.14.

§ 250-68 Apartments accessory to single-family detached dwellings.

[Amended 5-28-1991; 7-23-2013 by L.L. No. 5-2013]

Apartments accessory to single-family detached dwellings may be permitted subject to the following supplementary requirements:

A. The owner of the property shall occupy at least one of the dwelling units.

B. An accessory apartment may be located in a main dwelling, provided that such dwelling contains a minimum of 1,500 square feet of habitable space and conforms to all other requirements of this chapter unless a variance shall have been granted by the Board of Appeals.

C. An accessory apartment shall contain a minimum floor area of 300 square feet. The maximum floor area shall not exceed 750 square feet or 25% of the habitable space of the main dwelling, if located therein, whichever is less, unless in the opinion of the Board of Appeals a greater or lesser amount of floor area is warranted by specific circumstances.

D. There shall be no more than one accessory apartment inside a main dwelling or two accessory apartments per lot.

E. A second accessory apartment may be permitted on a single-family residential lot, provided that the following additional conditions are met:

(1) The minimum lot area shall be 2 1/2 times greater than the minimum area required by the bulk regulations for the zoning district in which the residence is located, unless in the opinion of the Board of Appeals a greater or lesser amount of area is warranted by specific circumstances including compliance with SEQRA.

(2) The principal dwelling must have a certificate of occupancy for at least one year prior to construction of a second accessory apartment.

F. The entry to an apartment located within a dwelling and its design shall be such that, to the degree feasible, the appearance of the dwelling will remain as a single-family residence.

G. In addition to the parking requirements for a single-family dwelling, two off-street parking spaces shall be provided for each accessory apartment unit.

H. The accessory apartment unit and the structures in which it is situated shall be equipped with smoke detectors installed at the top of stairways and in bedroom entrances.

I. Accessory apartments are permitted in residences located in nonresidential districts, subject to the conditions in Subsections A through H above.

§ 250-69 Membership clubs, active athletic recreation; golf and country clubs.

[Amended 9-23-2014 by L.L. No. 5-2014]

Active athletic recreation membership clubs, including golf and country clubs, are subject to the following supplementary requirements:

A. The privileges of any club shall be limited to bona fide regularly enrolled members and guests accompanying them. The club shall be operated solely for active athletic recreation purposes (including but not limited to indoor and outdoor active athletic recreation facilities for its members such as golfing, swimming, paddle tennis, tennis and similar) and not for pecuniary gain, but this requirement shall not be construed to prevent the occasional utilization or rental of such club or parts thereof for benefits or performances for a recognized charity or for meetings and social activities of other organizations or individuals.

B. Accessory uses and buildings may include but are not limited to:

(1) Clubhouse with locker facilities, snack bar, kitchen, club dining and bar rooms, pro shop, office.

(2) Related structures to support permitted indoor and outdoor activities.

(3) Golf practice putting greens.

(4) Golf practice range (excluding the use of netting to constrain golf ball flight).

(5) Maintenance facilities.

(6) Such additional accessory structures and accessory uses incidental to the operation as may be approved by the Planning Board.

C. Location for and details of seasonal structures for occasional or special events lasting longer than three consecutive days shall be included on the site development plan.

D. Planning Board may reduce the parking requirements with respect to the number of members or family memberships in any case where the maximum anticipated number of cars at the club, because of its particular type, location, hours of operation, capacity of club facilities or other reason, would be less than the requirements of this chapter, provided that the club facilities are so laid out that there are designated lawn areas or other spaces of ample size that could accommodate temporary overflow parking equivalent to the amount of reduction of the requirements. Such overflow parking accommodations shall be included on the approved site plan and the use of such, when needed, shall be managed by the club staff. Said area shall otherwise be maintained in proper order.

E. No single building or structure shall exceed a building footprint floor area of 10,000 square feet. The Planning Board may permit the use of any existing buildings not meeting this standard or the yard requirements of this chapter for club purposes, provided that the club meets all other standards and requirements of this chapter.

F. The Planning Board may permit the use of outdoor public-address systems, provided that no more sound shall carry beyond the limits of the club site than would be inherent in the ordinary residential use of the property.

G. No club shall be operated so as to create a nuisance to surrounding properties. The Planning Board shall attach such conditions to the use and may require such fencing or equivalent landscaping or such other facilities as are required to protect neighbors from excessive light or noise or stray balls or other nuisances and hazards, which would be inherent in the operation of the club.

H. All intensive outdoor activities shall be so located on the property with reference to surrounding properties that they shall be reasonably screened from view and that noises generated thereon shall be contained on site.

I. Outdoor lighting shall not project light onto, nor shall light sources be visible from, neighboring properties.

J. All parking shall be provided for on the site in appropriate areas sufficient in size to meet the needs of members and guests even during special events and other peak loading periods.

K. Drought-tolerant grasses shall be used to the greatest extent practicable on all golf courses in order to minimize irrigation and fertilizer needs. Construction and operation of any golf course consistent with and/or certified under LEED or equal is preferred.

L. One dwelling unit may be located in the clubhouse for use of the club manager or caretaker and his immediate family. Sleeping rooms or suites, without individual kitchen facilities, shall be permitted for the overnight accommodation of club members and their guests, but there shall be no more than one such sleeping room for each four acres of net lot area, not to exceed a maximum of five.

M. A conditional use approval shall be issued to a qualified organization for a specific use or purpose and for a maximum number of members or seating capacity, and a new approval shall be required for any change of organization, use or purpose or increase in maximum membership or seating capacity.

N. For the purposes of promoting the public health, safety and general welfare, conditions to mitigate the effect of such use on neighboring properties may be required.

§ 250-70 Hotels.

[Amended 9-23-2014 by L.L. No. 5-2014]

Hotels are subject to the following supplementary requirements:

A. Hotel sleeping accommodations may include limited kitchen facilities (i.e., coffee pots, small refrigerators, microwave) but shall not be used as apartments for non-transient tenants, shall not contain more than two rooms and shall not be connected by interior doors in groups of more than two. There shall be no more than one sleeping accommodation unit for each 3,000 square feet of site area exclusive of required yards.

B. Each sleeping accommodation unit shall have an area of at least 300 square feet, including a bath facility with a shower or bath, one toilet facility and sink. No hotel building shall exceed a height of 35 feet.

C. The following accessory uses shall be permitted:

(1) One apartment with or without kitchen facilities for the use of the hotel manager or caretaker and his family within the hotel building.

(2) One coffee shop for hotels with no more than 100 sleeping accommodation units. For hotels with over 100 sleeping accommodation units, a restaurant with bar facilities and a coffee shop are permitted. Such facilities shall be located within the hotel building.

(3) Amusements and sports facilities for the use of hotel guests, including:

(a) Swimming pool.

(b) Children's playground.

(c) Tennis and other game courts.

(d) Game or recreation rooms.

(4) Office and lobby, provision of which shall be mandatory for each hotel.

(5) Meeting and/or conference rooms and banquet facilities.

D. All hotels shall be equipped with sprinkler and fire alarm systems.

§ 250-71 Veterinarian offices and animal hospitals.

[Amended 9-23-2014 by L.L. No. 5-2014]

Veterinarian offices and animal hospitals are subject to the following supplementary requirements:

A. In considering an application for a conditional use approval for a veterinarian office and animal hospital use, the Planning Board shall consider the number, size, breed and temperament of animals to be sheltered and impose reasonable conditions to protect proximate uses, aesthetic impact and safety of the animals treated and/or sheltered in order to ensure the health, safety and general welfare of the community.

(1) Any building or structure housing animals or open areas where said animals are allowed to be shall be set back as far as possible from all abutting residential used property.

(2) All buildings and structures housing animals shall be structurally sound and shall be maintained in good repair to protect the animals from illness or injury, to contain the animals and to restrict the entrance of other animals.

(3) Methods shall be used to reduce off-site noise such as use of sound-barrier insulation materials in structure walls. Noise generated by animals shall not be discernible beyond 200 feet of the structure, or the nearest off-site residential structure, whichever is nearer.

(4) The building shall be properly ventilated to remove odors. Heating and cooling shall be provided as required, according to the physical needs of the animals, with sufficient light to allow observation of the animals and sanitation. Areas where animals are kept must be air conditioned and heated so that any windows, doors or other openings can be closed at all times, with the exception of ingress and egress into the area.

(5) There shall be no external runs, no outside retaining of animals, nor any provision of services outdoors, except animals may be walked or exercised outdoors while leashed in approved designated areas.

B. Animal containment while in residence.

(1) Animals shall be kept in appropriate containment units with insulation to further abate noise.

(2) All animal cages and enclosures shall be of sufficient size to provide each individual animal with adequate room for exercises and general proper accommodations. Containment facilities shall be of sufficient space to allow the animals kept therein to be comfortable and shall be large enough for animals to stand up in, to lie down, and to turn around comfortably.

(3) All enclosures shall be constructed of material that can be easily cleaned and shall be kept in a clean and sanitary condition. Animal feces shall be removed daily.

(4) No animal shall be left unattended for more than 12 consecutive hours.

C. Boarding.

(1) Boarding of animals, other than sick and recuperating animals that are receiving short-term treatment, may be permitted as an accessory use, provided said boarding occurs wholly inside a principal building designed and constructed with noise abatement controls. In issuing a conditional use approval, the Planning Board shall stipulate the maximum number and type of animals to be boarded. That number shall not exceed the quotient of 10,000 square feet of net lot area per 100 pounds of animal body weight characteristic of the species so boarded. The square footage of the net lot area is that area of the lot, excluding the area of any required yards.

(2) Only domestic animals (household pets) may be boarded.

(3) The total area designated for boarding within the building shall not exceed 30% of the gross floor area of the facility.

§ 250-72 Riding academies, boarding stables and breeding farms, and keeping of horses on residential lots.

[Amended 3-28-1989; 5-28-1991; 9-23-2014 by L.L. No. 5-2014]

Riding academies, boarding stables and breeding farms and the keeping of horses on a residential lot are subject to the following supplementary requirements:

A. One stable stall shall be provided for each horse housed on the site unless it is demonstrated that a stable stall is not appropriate for the horse, and there shall be no stabling of animals or storage or use of manure or other dust-producing substances within a distance of 150 feet of any lot line in an R-4 District; the distance shall be reduced to 75 feet in an R-2 District and to 50 feet in an R-1 District. If outdoor lighting is provided for riding areas, the applicable yard shall be doubled. All lighting shall be located so as not to be visible at its source from any adjoining property. Screening shall be required between such use and any other uses. For good cause shown, the Board of Appeals may reduce the setback requirements to no less than the minimum required setback of the principal use.

B. Public events, demonstrations, horse shows, rodeos and competitive events held in connection with horse farms, riding academies or stables shall be considered principal uses for purposes of lot area and setback and shall conform to § 250-15, Bulk Table.

C. The use of outdoor public-address systems may be permitted for horse farms, academies or stables, provided that no more sounds shall carry beyond the limits of the site than would be inherent in the ordinary residential use of the property.

D. Fences or walls of a minimum height of four feet shall be required in appropriate locations.

E. As a general rule, no more than one horse per acre may be permitted on a site.

F. The special permit approval shall provide for a plan of manure removal and a plan for rodent and fly control; failure to adhere to such plans shall constitute a violation of this chapter. Collected manure shall be maintained in a containerized storage facility awaiting removal from the site. Such storage facility shall not be located on a steep slope of 15% or greater, or within 100 feet of a wetland, watercourse or water body.

G. Concrete platforms or containers or similar device shall be required to hold manure stored on the site to prevent its seepage into the ground.

H. Attached or detached employee quarters accessory to the above uses are permitted, subject to the following conditions:

(1) No more than one employee dwelling unit per five stable stalls and per four acres of lot area in excess of the first 10 acres shall be permitted. No more than a total of five employee dwelling units shall be permitted. The maximum floor area of any one employee quarters shall not exceed 500 square feet, unless in the opinion of the Board of Appeals a greater or lesser amount of floor area is warranted by specific circumstances.

(2) Two off-street parking spaces shall be provided for each employee dwelling unit.

(3) The setbacks and yards of the principal use shall apply to this subsection.

(4) Employee quarters shall be located in existing structures wherever feasible but not occupy more than 50% of the ground floor area of the structure. There shall be no change in the general character and appearance of the structure in which the employee quarters is located.

(5) Smoke detectors shall be provided in each bedroom.

(6) There shall be no more than three employee dwelling units in a structure.

§ 250-73 Motor vehicle service stations.

Motor vehicle service stations are subject to the following supplementary requirements:

A. No stations shall be located closer than 200 feet to a school, public recreation area, or church, measured to the lot lines thereof.

[Amended 9-23-2014 by L.L. No. 5-2014]

B. Access points shall be located a minimum of 100 feet from the intersection of the designated street lines. All accesses shall be defined by the use of granite or concrete curbing and shall be designed to provide safe and convenient travel without the potential for backing vehicles into the public street.

[Amended 9-23-2014 by L.L. No. 5-2014]

C. Pumps, pump islands and canopies are structures and shall not be located in any required yards. Unless screened from the street, pumps shall be oriented perpendicular to the street. Canopies shall be designed in mass, scale, roofline configuration and architectural appearance to match site and area buildings without marketing graphics and other signage. Canopy lighting shall be minimized, limited to under canopy lights of pump islands only and fully recessed into the ceiling of the canopy structure. No outdoor display of products not associated with the service station use shall be permitted.

[Amended 9-3-2014 by L.L. No. 5-2014]

D. Screening. A ten-foot wide landscaped area shall be provided along all motor vehicle service station property lines, excluding the front line, property lines adjacent to existing commercial uses and access points. The landscaped area shall be densely planted with a mixture of shrubs, trees and a fence, not less than six feet high, which will create an opaque screen. All landscaped areas along property lines which are crossed by access drives shall be planted with low shrubs no greater than three feet high and trees with a branching habit which begins at least eight feet above ground level. Furthermore, planting shall not interfere with the normal line of sight (a minimum of 350 feet in either direction) needed for safe entering and exiting maneuvers by motor vehicles.

[Amended 9-23-2014 by L.L. No. 5-2014]

E. Maintenance and operation. Due to the extent of land use impacts from such stations which are a product of exterior operations, the following requirements shall be made and noted on the site development plan:

(1) All vehicles at service facilities, except for one tow truck, shall be stored within a building when the facilities are not open for business. However, licensed vehicles parked for minor repairs may be left outside for a period not to exceed 72 hours. At no time shall any unlicensed or dismantled automobiles, trucks, tractors, trailers or accessories thereof be outside of a building. No car, truck, other vehicles, or trailer rentals shall be permitted.

[Amended 9-23-2014 by L.L. No. 5-2014]

(2) There shall not be any outside storage or display of accessories or portable signs when gasoline service facilities are not open for business.

(3) Rubbish, oil cans, tires, discarded motor vehicle parts and components and any other waste materials may be temporarily stored in a completely fenced-in opaque enclosure adjacent to the motor vehicle service station building. The area of such enclosure shall not exceed 200 square feet. There shall be no storage of any of the above-mentioned items outside of such enclosure.

(4) No repair work may be performed out of doors. This does not preclude, however, adding oil to motor vehicles, changing windshield wipers or other similar simple repairs normally performed in conjunction with the sale of gasoline.

(5) During the hours that a service station is open, all cars of employees and customers and tow trucks must be parked only in areas designated on the site development plan.

(6) All landscaped areas designated on the service station site development plan and/or landscaping plan shall be maintained in a neat and healthy condition.

(7) A minimum of two queuing waiting spaces (measuring nine feet by 20 feet each) shall be provided prior to side of each pump island lane. Queuing lanes shall not impede or obstruct parking spaces, internal travel circulation or be situated in site entrance driveways or abutting street rights-of-way.

[Added 9-23-2014 by L.L. No. 5-2014]

(8) Bypass lanes, a minimum width of 12 feet, shall be maintained on either side of each pump island lane.

[Added 9-23-2014 by L.L. No. 5-2014]

F. Vehicle sales prohibited. The offering for sale and sale of new or used motor vehicles is prohibited. This prohibition includes the display of registered or unregistered vehicles with any "for sale" sign thereon.

G. Discontinuance of use. In the event that a motor vehicle service station is abandoned, as determined by the Building Inspector, the owner, lessee and/or motor fuel supplier of said motor vehicle service station shall immediately remove the tanks, gasoline pumps, all identification signs and lighting poles. In lieu of removing the tanks, said owner and/or lessee shall remove the flammable liquids therefrom and fill all tanks with water for a three-month period only and thereafter with a solid material, subject to approval of the New York State Department of Environmental Conservation. The owner and/or lessee shall also provide adequate protection against unlawful entry into the buildings and onto the property and shall close all vehicular entrances to the property to prevent the storage of abandoned vehicles thereon.

[Amended 9-23-2014 by L.L. No. 5-2014]

H. Financial responsibility. Upon request by the Planning Board, an owner and operator must provide evidence of financial responsibility for corrective action and for operating, maintaining or closing fuel storage tanks pursuant to this chapter and all applicable federal and state laws and regulations.

[Added 9-23-2014 by L.L. No. 5-2014]

(1) The terms of any approval for a motor vehicle service station shall require the owner and operator to post a bond in the amount recommended by the Planning Board to the Town Board based on an estimate approved by the Town Engineer to cover the cost of the removal and disposal of the fuel storage tanks and associated facilities in accordance with applicable federal and state laws and regulations. The bond shall be maintained for so long as the motor vehicle service station remains in place. The Planning Board may recommend to the Town Board that adjustments be made to the amount of the bond periodically, and may require the submittal of a new or modified bond, based on an estimate, by or approved by the Town Engineer, of the cost of the removal and disposal of the fuel storage tanks and associated facilities.

(2) In any approval for a motor vehicle service station, the Planning Board shall require an irrevocable commitment from the owner of the station to defend, indemnify and hold the Town of North Salem, its boards, officials, employees and agents, free and harmless from judgments or costs, including reasonable attorney's fees, arising directly or indirectly from the construction, use or operation of approved facilities.

(3) Removal of abandoned fuel storage tanks and associated facilities.

(a) Within 90 days after the determination of abandonment, or the revocation of a conditional use or site development plan approval, the fuel storage tanks shall be removed by the owner or operator and shall be properly disposed of in accordance with all local, federal and state laws and regulations regarding such disposal.

(b) If the fuel storage tanks are not removed within said ninety-day period, a process for removal by the Town of North Salem shall be commenced at the owner's or operator's expense.

(c) Following the expiration of the ninety-day period, the Building Inspector, with the approval of the Planning Board, may notify the owner, in writing, that removal must be accomplished within 30 days of said notification. The notification shall indicate that failure to remove the fuel storage tanks and associated facilities within 30 days shall result in the removal of said facilities by the Town of North Salem at the owner's expense. Any cost incurred by the Town in such removal, not paid under the owner's bond, shall constitute a lien on the tax lot on which the tower is situated and shall be collected in the same manner as a Town tax on real property.

§ 250-74 Roadside stands.

[Amended 9-23-2014 by L.L. No. 5-2014]

Roadside stands are subject to the following supplementary requirements:

A. Roadside stands may be no closer than 15 feet to any street line or lot line, and there shall be a suitable area where vehicles can safely park while visiting the roadside stand.

§ 250-75 Multifamily dwellings for elderly and handicapped persons.

Multifamily dwellings for elderly and handicapped persons are subject to the following supplementary requirements:

A. Such dwellings shall be owned by a not-for-profit corporation, established under the laws of the State of New York for the specific purpose of owning, constructing and operating such dwellings. A copy of the articles of incorporation, as well as a copy of a management plan, shall be submitted with the application for a conditional use.

[Amended 9-23-2014 by L.L. No. 5-2014]

B. The total number of dwelling units shall not exceed eight per acre of land; provided, however, that all land in the lot consisting of existing water bodies, wetlands and slopes of more than 25% grade shall be excluded from eligibility for count of dwelling units.

[Amended 9-23-2014 by L.L. No. 5-2014]

C. Except for the dwelling unit occupied by the superintendent and his family, each dwelling unit and the site facilities shall be designed and equipped specifically to meet the special needs of elderly or handicapped persons, and each dwelling unit shall be occupied by at least one person who is 62 years of age or older; provided, however, that up to 15% of the dwelling units on the lot may be occupied by at least one person who is physically handicapped and is less than 62 years of age.

D. Certain related ancillary facilities may be permitted, either in a separate building or in combination with dwelling units, such as cafeterias, self-service laundries, lounges, game rooms, workshops or medical infirmaries, only to the extent that they meet the needs of the occupants of the multiple dwellings. Such facilities shall be subordinate to the residential character of the site and shall be located out of public view with no outside advertising. Such facilities shall be expressly approved by the Town Board.

E. Such dwellings may consist of single detached dwelling units or buildings containing not less than two nor more than eight dwelling units. No dwelling unit shall contain more than two bedrooms except for the dwelling unit occupied by the superintendent and his family, which may contain three bedrooms.

F. The development coverage shall not exceed 40%, including buildings, walks, parking areas and driveways. Parking areas below the ground floor, if any, within a building shall not be counted in computing said coverage. Building coverage shall not exceed 20%.

G. The minimum distance between detached buildings shall be 1 1/2 times the taller building.

H. Suitably equipped and adequately maintained recreation and open space shall be provided. Group sitting areas shall be well-defined by walls, fences, hedges or other plantings designed to impart a sense of containment or security and to provide group privacy.

I. There shall be provided a safe and convenient system of drives, service access roads and walks, with due consideration given in planning such facilities to the needs of the physically handicapped and aged; such facilities shall be adequately lighted, and said lighting shall not be directed on adjacent streets or properties.

J. Facilities for refuse disposal shall be provided for all dwelling units. Central collection areas shall be maintained and conveniently located for all groups of units. The collection areas shall be properly screened and supplied with all covered receptacles required for tenant use.

K. All parking areas, driveways, recreation areas and refuse collection areas shall be no closer than 25 feet to any building or lot line, and any swimming pool shall be no closer than 30 feet to any building and 50 feet to any lot line. Such areas between said facilities and lot lines shall be landscaped with suitable screening.

§ 250-76 Convalescent and nursing homes.

[Amended 9-23-2014 by L.L. No. 5-2014]

Convalescent homes and nursing homes (including rehabilitation service facilities related to the recovery from bodily impairments and surgical procedures) are subject to the following supplementary requirements.

A. All buildings of any nursing or convalescent home shall be located at least 150 feet from any property line. A nursing or convalescent home for patients or inmates of a correctional institution, psychiatric diagnosis or therapy, or the treatment of alcoholism or drug addiction, or similar condition, shall not be permitted.

B. The distance between buildings shall be at least equal to twice the height of the taller building.

C. Staff quarters may be permitted as accessory buildings. Use of such staff quarters shall be limited exclusively to members of the institution's staff. Such staff quarters may be provided at an aggregate maximum density of one unit per 30 patient rooms regardless of room occupancy. (All fractions thereof shall be rounded down to the closest whole number.)

D. Parking areas shall be located at least 50 feet from all property lines.

E. Building coverage, including accessory buildings and structures shall not exceed 10% of the lot area, nor shall the sum total of land covered with buildings, structures and parking, including driveways and other paved surfaces, exceed 30% of the lot area.

F. The maximum permitted density shall not exceed one patient bed for each 3,000 square feet of lot area.

§ 250-77 Accessory satellite dish antennas.

[Amended 5-14-1996 by L.L. No. 3-1996; 9-23-2014 by L.L. No. 5-2014]

Accessory satellite dish antennas (earth receiving stations) are subject to the following supplementary requirements:

A. Satellite dish antennas may be permitted accessory to a residential or nonresidential use as noted in the Use Table,[1] provided that they have a maximum radius of four feet.

[1] Editor's Note: The Tables of General Use Requirements are included as attachments to this chapter.

B. The installation of a satellite dish antenna shall require the issuance of a building permit.

C. The satellite dish antenna shall be located on the ground and must be screened from the streets and adjoining property owners with foliage of such height and density so as to screen said antenna from the streets and adjoining property owners during the entire year.

D. The satellite dish antenna shall not be located on any trailer or portable device.

E. The satellite dish antenna shall be located in the side or rear portions of a lot only and shall be an accessory structure requiring compliance with all minimum yard dimensions stated in the Bulk Table.[2]

[2] Editor's Note: The Table of Bulk Requirements is included as an attachment to this chapter.

F. The satellite dish antenna shall not be connected to or placed upon any roof and shall not at any point or part of the antenna be elevated to or reach a height of more than 15 feet above the natural grade of the subject lot. In no event shall the natural grade be changed by any means in order to increase the elevation of the antenna.

G. Satellite dish antennas that do not exceed a radius of one foot, six inches are exempt from the provisions of this section. Such antennas may be mounted on the primary dwelling or an accessory structure or on a commercial building, including the roof of said buildings. Such antennas may also be located elsewhere on a developed lot, provided that they meet the yard requirements of the zoning district in which the lot is located.

§ 250-77.1 Serving of food.

[Added 5-28-1991]

The serving of food shall be subject to the following supplementary requirements:

A. The use must be clearly accessory to one of the following permitted uses:

(1) Orchard or vineyard.

(2) Museum.

(3) Churches or other places of worship.

[Added 9-23-2014 by L.L. No. 5-2014[1]]

[1] Editor's Note: This local law also repealed former Subsection A(3), Membership club, and Subsection A(4), Golf and country club, and redesignated former Subsection A(5) and (6) as Subsection A(4) and (5), respectively.

(4) Equestrian, livestock, agricultural or similar show.

(5) Bed-and-breakfast establishments.

[Added 5-14-1996 by L.L. No. 4-1996]

B. The permit shall consider each of the following:

(1) Maximum number of persons to be served.

(2) Hours and type of operation.

(3) Provision for adequate off-street parking.

(4) Approval by the Westchester County Department of Health.

(5) Mitigation measures to abate and minimize potential exterior noise and/or lighting impacts.

[Added 9-23-2014 by L.L. No. 5-2014]

(6) Duration and hours of operation of events.

[Added 9-23-2014 by L.L. No. 5-2014]

C. No additional structures for the serving of food shall be permitted.

D. Tax-exempt, civic and nonprofit organizations sponsoring dinners, picnics, festivals or similar affairs are specifically exempt from the permitting requirements.

§ 250-77.2 Apartments accessory to commercial establishments.

[Added 5-28-1991; amended 7-23-2013 by L.L. No. 5-2013]

Apartments accessory to commercial establishments are subject to the following conditions:

A. Individual apartments may be of the efficiency, studio, one-bedroom or two-bedroom type. In no instance shall an apartment be less than 500 square feet in usable or habitable floor space.

B. All qualifying buildings shall maintain some floor space devoted to commercial use if such is permitted by the district in which the building is located. In no case shall the total floor area devoted to residential uses exceed two times the total floor space devoted to commercial uses.

C. The residential component of any structure shall have an entrance or entrances which do not require access through any nonresidentially used area, other than a common lobby or plaza.

D. Site plan approval by the Planning Board shall be required for applications of all apartments accessory to commercial establishments. The Planning Board, in reviewing such applications, shall review proposed floor plans, facades and landscaping, as well as the compatibility of the proposed mixed uses.

E. For buildings or structures of historic significance, the plans shall be referred to the Town's Historic Preservation Commission for review.

F. Off-street parking requirements shall be one parking space per bedroom.

G. Apartments accessory to commercial establishments are subject to the same bulk requirements as the principal use on the property.

H. Accessory apartments in nonconforming commercial establishments located in residential districts shall be permitted, subject to the conditions in Subsections A through G above.

§ 250-77.3 Keeping of dogs.

[Added 5-28-1991; amended 2-25-2020 by L.L. No. 1-2021]

The keeping of more than three dogs shall be permitted by special permit of the Board of Appeals, subject to the following supplemental requirements:

A. All of the dogs shall be licensed and the personal pets of the resident occupant. Dogs less than four months old which are the young of dogs living on the premises shall be excluded.

B. The Board of Appeals shall consider the physical characteristics of the property, the adequacy of the facilities and structures and the impact on neighboring properties in granting or denying an application.

C. All structures used for the housing or feeding of dogs shall be located at least 50 feet from each property line, and all exercise yards, pens or other areas for their maintenance shall be located at least 15 feet from the property line, unless in the opinion of the Board of Appeals a lesser or greater amount is warranted.

D. The keeping of more than five dogs shall be considered a dog kennel for the purposes of these regulations, which use shall not be permitted in any Zoning District.

§ 250-77.4 Bed-and-breakfast establishments.

[Added 5-14-1996 by L.L. No. 4-1996]

A. The applicant and operator shall be the owner of the dwelling, and a full-time resident of the dwelling.

B. The bedrooms and bathrooms within a bed-and-breakfast establishment used for paying-guest accommodations shall not exceed 35% of the gross floor area of the dwelling. The applicant shall be required to submit a floor plan of the dwelling with the application for a conditional use.

C. No paying guest shall stay on any single visit for more than 15 days.

D. All off-street parking spaces shall be screened from neighboring properties.

E. The only meals to be furnished shall be one daily morning meal per paying overnight guests. Beverages containing alcohol shall not be served at a bed-and-breakfast establishment. No meals shall be served to the general public.

F. One freestanding indirectly illuminated identification sign shall be permitted designating a dwelling as a bed-and-breakfast establishment. The size of the sign shall not exceed four square feet and shall be placed at least 10 feet from any property lot line.

[Amended 9-23-2014 by L.L. No. 5-2014]

G. Rooms available for overnight accommodations shall have a minimum floor area of 150 square feet.

H. The residence in which a bed-and-breakfast establishment is operated shall not contain an accessory apartment.

I. The sanitary sewage disposal system and water supply shall be approved by the Westchester County Health Department and the New York City Department of Environmental Protection as necessary.

J. A conditional use permit for a bed-and-breakfast establishment shall be valid for a period of five years and may be revoked at any time by the Building Inspector upon noncompliance with the conditions set forth in this § 250-77.4, or the permit itself. A renewal permit may be issued by the Building Inspector, for a period not to exceed five years, after an interior inspection is conducted by the Building Inspector to ensure compliance.

K. Any new owner of the dwelling in which a bed-and-breakfast establishment is operated shall register with the Building Inspector within 30 days of taking ownership if the bed-and-breakfast establishment use is to be continued. Any changes to the existing facilities shall be subject to a new application to the Planning Board for conditional use approval.

[Amended 9-23-2014 by L.L. No. 5-2014]

L. The applicant shall obtain and submit to the Planning Board a statement on the adequacy of the dwelling for purposes of firesafety and protection from the Town Fire Department. Such statement shall include recommendations, if any, for improvements or changes deemed advisable, which will be considered by the Planning Board in determining the merits of the application.[1]

[1] Editor's Note: Former Subsection M, regarding insurance coverage, and Subsection N, regarding conformance to other provisions, which immediately and respectively followed this subsection, were repealed 9-23-2014 by L.L. No. 5-2014.

§ 250-77.5 Communication towers and facilities.

[Added 2-24-1998 by L.L. No. 4-1998]

The development of a communication tower and facilities and related structures shall be permitted by conditional use approval by the Planning Board. A communication tower and facility shall be subject to the following supplementary requirements:

A. Purpose. The purpose of these supplementary requirements and standards is to regulate the development of communication towers and facilities in the Town of North Salem, consistent with the general purposes stated in the Zoning Ordinance of the Town of North Salem, to accommodate the necessary infrastructure for the provision of telecommunication services within the Town, to address the visual, aesthetic and land use compatibility aspects of telecommunication facilities, towers and antennas and more specifically to:

(1) Minimize the total number of towers and tower sites throughout the Town by utilizing existing buildings and structures, repeaters and other means of deploying telecommunication facilities without the need for towers, particularly towers visible for long distances, visible across open landscapes, or which pierce the surrounding tree canopy.

[Amended 7-23-2013 by L.L. No. 5-2013]

(2) Encourage the collocation or shared use of proposed and existing tower sites, including multiple shorter towers instead of one higher tower.

[Amended 7-23-2013 by L.L. No. 5-2013]

(3) Encourage the location of towers and antennas, to the extent possible, in areas where the adverse impacts on the community are minimized.

(4) Encourage the configuration of towers and antennas in a way that minimizes the adverse visual impact of the towers and antennas.

(5) Enhance the provision of telecommunication services within the borders of the Town of North Salem.

B. Application procedures and requirements.

(1) The proposed use shall conform to the general requirements and procedures of this Zoning Ordinance pertaining to conditional uses as stated in Article XII, regarding conditional uses, and Article XIII, § 250-65, regarding general conditions and standards. The required application for site development plan approval, for a conditional use, shall conform to the requirements and standards in Article X, regarding site development plan review, and the related regulations in Chapter A267, regarding site development plan rules and regulations.

(2) Where an application involves the addition or removal of antennas or other equipment onto or from the site of an existing communication tower and facilities (or "tower facility") by the current users or operators of said facilities, such application may, at the discretion of the Planning Board, be considered exempt from the procedural requirements for a conditional use approval and the related site development plan approval. Exemption from conditional use or site development plan approval procedures shall only be granted for proposed development that complies with the criteria below and shall be subject to a subsequent building permit:

[Amended 7-23-2013 by L.L. No. 5-2013]

(a) The addition of antennas or other equipment onto an existing tower facility shall not result in any increase in the total height of the tower or support structure, as originally approved, including the height of any antenna protruding above the tower or support structure.

(b) The addition of antennas or other equipment onto an existing tower or support structure shall not result in any increase in the bulk (i.e., volume) greater than 5% over the total bulk of antennas or other equipment approved for installation on and protruding from said tower or support structure as per the original approval of said tower facility. The bulk of existing and proposed antennas and other attachments protruding from said tower or support structure shall be calculated in appropriate cubic (three-dimensional) units such as cubic inches or cubic feet.

(c) The removal of antennas or other equipment from an existing tower or support structure shall only be permitted as an exemption herein where it results in a net reduction in the bulk (i.e., volume) of the total bulk of antennas or other equipment approved for installation on said tower or support structure as per the original approval of said tower facility. The removal of an antenna and/or other attachment protruding from a tower or support structure under an exemption herein shall not result in any significant alteration of the remaining antennas or equipment on the tower or support structure.

(d) The addition of antennas or other equipment onto an existing tower or support structure, under this exemption, shall not include the construction of any new accessory structures such as equipment buildings, fencing or other site improvements unless such accessory structures or improvements are clearly indicated as part of the original approval for the communication tower and facilities, or are located within an existing fully enclosed structure or an existing fenced-in compound, provided such does not protrude above the height of the existing fence.[1]

[1] Editor's Note: Former Subsection B(2)(e), which immediately followed this subsection, was repealed 2-25-2020 by L.L. No. 1-2021.

C. Reimbursement of review costs. The applicant shall be required to establish an escrow account to reimburse the Town of North Salem for the legitimate costs of review associated with the use of professionals qualified to review the required plans, reports and other technical information submitted in support of an application for a communication tower and facility. An estimate of the approximate cost of review services shall be provided by all reviewing professionals assisting the Town in such reviews.

D. Additional application information. In addition to the Site Development Plan Specifications in Chapter A267, § A267-9, applications for development of communication towers and facilities shall include the following information:

(1) Name(s) and address(es) of persons preparing submitted plans, reports and information.

(2) Name(s) and address(es) of the property owner, operator and applicant.

(3) Elevations and details of the proposed structure including the height, width, depth, location and configuration of guy wires or other anchoring devices, type of materials, color(s), lighting, the number and type of all proposed antennas, and receiving and transmitting equipment and other relevant information for all existing and proposed structures, equipment, parking and all other related improvements. The elevations and details shall provide, as appropriate, information about the facilities of other users if the applicant is considering the collocation of additional antennas, equipment and other facilities, including the relationship of the height of the tower to the feasibility of collocation of additional facilities. The site plan shall also include a description of the proposed communication tower and facility and such other information that the Planning Board requires.

(4) The site development plan shall indicate the location of the proposed access to the site including the location of access to a suitably improved roadway, the length, width, grading, drainage, snow storage area and driveway profile and proposed surface material(s). The proposed access shall be used only for the purposes of operation, maintenance and repair of the communication tower and facilities. Any proposed fence or gate related to the access driveway shall be shown, including provision for police, fire or emergency vehicle access to the site and facilities.

(5) A visual EAF addendum shall accompany the full environmental assessment form (EAF) to be submitted with the site plan. Following review of the visual EAF addendum, a visual impact analysis or study may be required to further assess the visual impact of a proposed tower facility. Any visual assessment shall consider the effects of any proposed or potential plans for collocation and shall include additional development alternatives or scenarios, as appropriate, to properly consider the effects of collocation. The consideration of alternative designs may be requested as part of the visual assessment, such as flagpole technology (a monopole with internal antennas), a camouflaged pole and antennas, installation of antennas on existing structures at appropriate locations, the use of whips (individual antennas) on utility poles and connection with a fiber optic network, if available, or other designs that may provide for the mitigation of visual impacts. The methodology for any visual analysis should be approved by the Planning Board and shall address impacts on nearby viewsheds, ridgelines, scenic features and historic sites and structures identified as significant, as well as compatibility with nearby land uses. The Planning Board may consider methodologies, including but not limited to, the following:

(a) Photographic simulation or photographic montage, with and without foliage.

(b) A demonstration using a balloon or the top of the actual structure on a project site, based on the following requirements:

[1] Balloon to be flown at actual height. Alternatively, the top portion of a tower structure with all proposed antennas and appurtenances attached, to be temporarily held up at actual height (typically by a crane).

[2] Approximate actual color/finish.

[3] Balloon or top of tower to have same reflective property.

[4] Balloon to approximate bulk and diameter of proposed tower and appurtenances. Top of tower to include all proposed antennas and appurtenances.

[5] Balloon to be flown, or top of tower to be held up, for a minimum of eight hours.

[6] Sufficient notification to neighboring residents.

(6) A landscape plan shall delineate existing vegetation and wooded areas to remain undisturbed, specimen trees of six inches in diameter at breast height (dbh) or larger and the height of the surrounding treeline, and shall identify vegetation to be removed, including areas to be kept clear by mowing, and the location, size, type and number of all proposed plantings. Additionally, any other improvements such as fences and walls, shall be shown, including the purpose of such improvements and details, elevations, materials and color and any other information related to landscaping improvements, their purpose and appearance.

(7) A statement about safety measures related to the project, such as fencing to prevent access to the tower structure and related equipment.

(8) Documentation sufficient to demonstrate that the proposed tower height is the minimum height necessary to provide licensed communication services to locations within the Town of North Salem which the applicant is not able to serve with existing facilities in the project site area. Additionally, documentation regarding height should address any variations in height necessary to accommodate collocation of antennas or other equipment by other users or operators.

(9) An affidavit by the applicant regarding whether the construction of the facility will accommodate the collocation of additional communication antennas or facilities for future users, when technically and economically feasible, may be required. Said affidavit should examine the following:

(a) Whether the necessary equipment would exceed the structural capacity of existing or proposed facilities;

(b) The potential for the equipment to cause unmitigable interference with existing or proposed equipment; or

(c) Whether the applicant, after a good faith effort, has been able to reach an agreement with the owner of an existing facility.

(10) A report prepared by a New York State licensed professional engineer specializing in structural engineering about the structural integrity of the proposed communication tower and facility. The report shall demonstrate the structure's compliance with applicable standards and shall describe the structure's capacity, including the number and type of antennas it can accommodate, using illustrations as necessary. In the case of antennas being mounted on an existing structure, the equivalent of the above-required information shall be provided about the existing structure.

(11) A report, certified by a qualified licensed professional, about the safety of the radio emissions of the proposed facility, including the following information:

(a) Evidence of FCC license, franchise and/or permit to the grantee/applicant, including information regarding all related permitting standards and specifications.

(b) The frequency, modulation and class of service of radio equipment.

(c) Transmission and minimum effective radiated power of the antenna(s).

(d) Direction of maximum lobes and associated radiation of the antenna(s).

(e) Certification that the NIER (non-ionizing electromagnetic radiation) levels at the proposed site are within the levels adopted by the Federal Communications Commission (FCC) or any subsequent superseding emission standard adopted by the FCC, based on the maximum equipment output.

(f) Certification that the proposed antenna(s) will not cause interference with existing communication devices.

(g) Certification of compliance with the following:

[1] All current, applicable FCC regulations and standards.

[2] National Electrical Safety Code (NESC).

[3] National Electrical Code (NEC).

[4] All current standards of all federal agencies with authority to regulate telecommunication towers and antennas.

[5] All pertinent New York State Building Codes.

The above report shall be certified to be true, complete and accurate and subject to all applicable penalties.

(12) A map which shows the applicant's existing and proposed area of coverage (propagation map), including all adjacent hand-off cells outside the Town of North Salem. The map shall locate all existing and proposed sites in the Town and in bordering communities which contain communication towers or facilities used by the operator, owner or applicant or other operators and which provide coverage in the Town of North Salem and are related to all adjacent hand-off cells outside the Town. A detailed report shall accompany the coverage map which indicates why the proposed communication tower and facility is necessary. The report shall also identify locations within the proposed project site service area which are not and could not be served by either existing or proposed facilities (depicted in the map of coverage and existing facilities), by collocation or by other development options.

(13) When an applicant proposes to locate additional antennas or facilities on existing towers or sites (collocation), the application may include appended information from a previously approved application for the same site or facility to address application requirements. The proposed application must provide additional or updated information pertinent to the new antennas or facilities and must address related changes in conditions on or near the site. The submittal of appended materials of previous applications does not exempt the application for collocation from any of the procedural steps in the review of a regular application, unless said application meets the criteria for an exemption as set forth in § 250-77.5B, above.

(14) If collocation is not proposed, an affidavit stating that collocation is not feasible. Said affidavit shall examine the aspects of feasibility noted in Subsection D(9) above. Said affidavit may also be required to address the feasibility of any alternate designs that are presented as mitigation measures for potential visual impacts of the proposed tower facility.

(15) In order to assess the long-term effects of communication tower development on the Town of North Salem and areas surrounding the proposed tower site, the Planning Board may require the presentation of a long-range conceptual plan for additional communication tower and facility development by the applicant. The long-range plan shall address the possible location of additional tower sites, the related service area coverage and alternative long-range plan scenarios that illustrate the potential effects of tower height on the number of towers in the service area.

E. Criteria for development. An application for a conditional use approval for development of a communication tower and facility, and the concurrent application for site development plan approval shall meet all of the following criteria:

(1) The collocation, or sharing, of existing tower structures for mounting of proposed communications antenna(s) or equipment without increasing height or visible bulk shall be preferred to the construction of higher towers. When a new tower structure is proposed, the applicant must demonstrate that the proposed communication tower and facility cannot be accommodated on an existing facility within the project area, including areas within the Town of North Salem and nearby areas in adjacent municipalities. When an applicant proposes collocation of proposed antenna(s) on an existing structure, the applicant must demonstrate that the existing site will be properly adapted to the placement of additional antenna(s) and that multiple towers with a lower height at that site or nearby would not be less impacting. Adaptive alternative designs, as set forth in § 77.5F(4) of this chapter, of existing towers may be required by the Planning Board to minimize visual and community character impacts. As required by the Planning Board, the applicant shall address the capacity of the site and structure and necessary screening, landscaping and additional safety measures. The applicant may append previously approved plans and supportive application materials and approvals to support the location of new facilities on existing facilities.

[Amended 7-23-2013 by L.L. No. 5-2013]

(2) Height and bulk.

(a) The maximum permitted height of a communication tower, monopole or any structure constructed for the purpose of locating antennas or telecommunications devices shall be as follows:

[1] For a single user or operator: 100 feet.

[2] For two users or operators: 110 feet.

[3] For three or more users or operators: 120 feet.

(b) The height shall be measured from the elevation of the proposed finished grade at the base of the communication tower structure to the top of the tower or monopole structure, or to the top of any antenna or equipment installed above the top of the structure.

(c) The applicant must demonstrate to the satisfaction of the Planning Board that the proposed height and bulk of a communication tower or monopole is the minimum height and bulk necessary to provide service to meet the applicant's communication needs within the Town's boundaries and the visual or aesthetic impact has been minimized to the greatest extent practicable. The applicant shall present a long-range conceptual plan for other sites in the vicinity of the proposed facility site to illustrate the effect of variations in tower height and bulk on the number, location and collocation of additional antennas, towers and facilities.

(3) If an applicant anticipates the potential collocation of antennas by other users on a proposed new communication tower, these facilities may be presented in the application. If specific users or operators, other than the principal applicant, are being identified by the applicant, then appropriate certification must be submitted with the application that the applicant is authorized by the other users, or that the other users are co-applicants, to properly represent such other users in the approval of the application. All application materials, plans and illustrations must clearly identify additional users' facilities and service areas as is required for the primary applicant or co-applicant, as appropriate.

(4) A proposed communication tower shall be separated from all the boundary lines on the lot on which it is located by a distance equal to the height of the tower plus the distance of the corresponding minimum yard setback (front, side and rear) according to the requirements for that use group as stated in the Table of Bulk Requirements of the Town of North Salem Zoning Ordinance (i.e., the tower height plus the front yard setback equals the total required setback from the front lot line).[2]

[2] Editor's Note: The Table of Bulk Requirements is included at the end of this chapter.

(5) Setback and gross floor area.

(a) All related buildings shall conform to the applicable minimum front, side and rear yard setback requirements for the corresponding use group. The additional setback distance, equal to the tower height, shall not be applied to the related buildings proposed to house equipment and for maintenance and operation of the communication tower and facility. However, the related buildings shall be located so as to minimize visibility from adjacent properties and, if the Planning Board so directs, shall be located in the rear of the site, and shall be effectively screened from the view of the site's road frontage(s).

(b) The total gross floor area for any related buildings shall be the minimum size necessary for operation and shall not exceed 600 square feet per operator or user with facilities located on the site. Operators and users on sites with more than one such structure shall share such structures whenever possible to minimize the number and total area of such structures on a site.

(6) The Planning Board, at its discretion, may require that security fencing be located around each communication tower and facilities or related structures to secure the site, including provision for access to the tower facility through a locked gate. If required, said fencing shall be designed to minimize visual and aesthetic impacts.

F. Design guidelines. An application for development of a communication tower and facilities shall meet the following applicable design guidelines:

(1) Unless required by the Federal Aviation Administration (FAA), the painting or marking of towers or monopoles shall have a finish or coloring that will minimize visual and aesthetic impacts. The applicant shall consider using a galvanized finish and be painted gray or blue gray or another finish or color that is visually unobtrusive.

(2) Unless required by the Federal Aviation Administration (FAA), or other federal, state or local agency, no signals, lights or illumination shall be permitted on communication towers. Any lighting necessary for the related structures shall be minimized and shall be properly shielded to prevent glare onto adjacent properties.

(3) The base of the communication tower or monopole and any related structure shall be effectively screened using primarily vegetative screening such as a continuous evergreen hedge consisting of native trees and shrubs. Clearing and site disturbance shall be minimized and shall conform to all pertinent Town regulations and requirements. Existing vegetation shall be preserved to the maximum extent practicable. Additional plantings shall be required, as necessary, to screen structures from nearby properties or important viewsheds or scenic areas. All landscaping shall be properly maintained to ensure good health and viability.

(4) All communication tower sites, towers and facilities shall be located and designed to have the least possible adverse visual and aesthetic effect on the environment. Alternative designs may be considered such as flagpole technology (a monopole with internal antennas), multiple lower towers, a camouflaged pole, installation of antennas on existing structures at appropriate locations, the use of whips (individual antennas) on utility poles, or other designs that may provide for the mitigation of visual impacts. Any alternative design option considered hereunder shall be consistent with the purpose, procedures, requirements and standards of these supplementary regulations.

[Amended 7-23-2013 by L.L. No. 5-2013]

(5) Signage shall be prohibited on communication tower facility sites except for an identification sign that complies with all of the permitting requirements and design standards in Article IX of this Zoning Ordinance. Except as specifically required by a federal, state or local agency, no sign shall be permitted on a tower or monopole.

G. Additional requirements.

(1) The terms of any approval for a communication tower and facilities shall require the applicant to post a bond in the amount recommended by the Planning Board to the Town Board based on an estimate approved by the Town Engineer to cover the cost of the removal and disposal of the tower, antenna and associated facilities. The bond shall be maintained for so long as the tower, antenna and associated facilities remain in place. The Planning Board may recommend to the Town Board that adjustments be made to the amount of the bond periodically, and may require the submittal of a new or modified bond, based on an estimate, by or approved by the Town Engineer, of the cost of the removal and disposal of the tower, antenna and associated facilities.

(2) In any approval for a communication tower and facilities, the Planning Board shall require an irrevocable commitment from the owner of the tower, antenna and associated facilities to defend, indemnify and hold the Town of North Salem, its boards, officials, employees and agents, free and harmless from judgments or costs, including reasonable attorneys fees, arising directly or indirectly from the construction, use or operation of the tower, antenna and associated facilities.

H. Construction, operation and maintenance.

(1) Expiration of approval; review and renewal.

(a) Unless otherwise specified, any conditional use approval granted under this section shall be subject to the terms for expiration in accordance with the Zoning Ordinance, § 250-63, Decisions. Similarly, unless otherwise specified, any site development plan approval granted under this section shall be subject to the terms for expiration in accordance with the Zoning Ordinance, § 250-50, Signing and referral to Building Inspector.

(b) The Planning Board shall specify a ten-year term for expiration of individual conditional use or site development plan approvals, as deemed necessary, to provide an opportunity for periodic review of a communication tower and facilities. The periodic review shall address any changes in the design and technology of the tower or antennas, or changes in the operators' services or coverage area that may result in the need for modification of the tower structure, antennas, collocation accommodations or related structures or site improvements. The Planning Board may require technical review by a qualified specialist.

(c) If it is found that an alteration of the existing tower, antennas or facilities is necessary, review and approval of said application for renewal shall be conducted in accordance with Subsection I herein and the standards for exemption, as applicable, in Subsection B.

(d) Alternatively, if it is found that no alteration of the existing tower, antennas or facilities is required, then the Planning Board shall grant a renewal of the conditional use and site development plan approvals. In this case, an application, review, public hearing and approval shall not be required.

(2) Any conditional use approval granted under this section may be revoked by the Planning Board after a hearing. The Planning Board shall provide written notification to the owner(s) of the tower, antenna and any associated facilities, at least 10 days prior to such hearing so that they may have an opportunity to be heard. If at such hearing it shall be shown by substantial evidence that the tower, antenna and associated facilities constitute a nuisance or a safety hazard, or that the conditions of the approval have been materially violated, the Planning Board may revoke the said conditional use approval.

(3) In the event that the use of a communication tower and facilities has been discontinued for a period of 180 consecutive days or more, the facility shall be deemed to be abandoned. If there are two or more operators or users of a communication tower facility, then this provision shall become effective only when all users have discontinued use of said facility. The Building Inspector shall make a determination of the date of abandonment and shall request documentation from the owner or operator of the facility regarding usage within five days of the determination of abandonment. Any conditional use permit or other approvals granted by the Town related to the communication tower and facilities shall automatically expire on the date the facility is deemed to be abandoned.

(4) Removal of abandoned towers and related structures.

(a) Within 90 days after the determination of abandonment, or the revocation of a conditional use or site development plan approval, the tower facility and related structures shall be removed by the owner or operator and shall be properly disposed of in accordance with all local, state and other regulations regarding such disposal.

(b) If the tower and related structures are not removed within said ninety-day period, a process for removal by the Town of North Salem shall be commenced at the owner's or operator's expense.

(c) Following the expiration of the ninety-day period, the Building Inspector, with the approval of the Planning Board, may notify the owner, in writing, that removal must be accomplished within 30 days of said notification. The notification shall indicate that failure to remove the tower and related structures within 30 days shall result in the removal of said facilities by the Town of North Salem at the owner's expense. Any cost incurred by the Town in such removal, not paid under the owner's bond, shall constitute a lien on the tax lot on which the tower is situated and shall be collected in the same manner as a Town tax on real property.

(5) As deemed necessary by the Building Inspector or by the Planning Board, the Building Inspector may require certification of compliance with all FCC standards and requirements related to the operation of the communication tower and facilities. Such certification shall be prepared by a qualified engineer or other qualified specialist. Additionally, the facility may be inspected by a qualified representative of the Town. If deemed necessary, testing may be conducted at the owner's expense.

I. Alteration of existing communication towers, antennas or related structures.

(1) Alteration of an existing communication tower or monopole, antenna or any related building or other structure or improvement, including a plan for the collocation of facilities, which results in a change in the use of said facility, or a change in the type(s) of antenna(s), or an increase in the size, height or bulk of the antenna(s) or tower, or an increase in the type or intensity of lighting, or reduction of any of the improvements related to screening of the facility, shall be permitted only after application to the Planning Board. The application shall be reviewed as if the alteration were a new application for a conditional use permit, and a new application for site development plan approval, and may include appended materials from a previous approval.

(2) The application for alteration of an existing communication tower and facilities may be exempt from application procedures, provided that the proposed alteration complies with the standards for such exemption, as provided in Subsection B.

§ 250-77.6 Building contractor's business and storage yard.

[Added 6-26-2007 by L.L. No. 5-2007; amended 9-23-2008 by L.L. No. 5-2008]

Building contractors' business and storage yards are subject to the following supplemental requirements:

A. The site for a building contractor's business and storage yard shall be a minimum of 10 acres and no more than 20 acres in size.

B. The site shall be located at a minimum of 2,550 feet east at its westernmost boundary from a point defined by the intersection of the centerline of the northbound Exit 8 interchange ramp of I-684 and Hardscrabble Road, and no greater than 3,700 feet east at its easternmost boundary from a point defined by the intersection of the centerline of the northbound Exit 8 interchange ramp of I-684 and Hardscrabble Road.

C. The site shall provide a minimum of 1,320 feet of frontage along a road.

D. Display areas, sales areas and storage areas are not permitted within any required yard. The storage of landscaping, building and construction materials and supplies, or of any container and balled and burlapped (B&B) plant materials above the ground, is not permitted in any required yard.

E. Live nursery stock planted in the ground may be located within any required yard that is not a required buffer area. Such plant materials shall be planted and harvested in accordance with proper agroforestry techniques.

F. Business activities and maintenance activities requiring the use of machinery, equipment or power tools shall be permitted between the hours of 7:00 a.m. and 7:00 p.m. on weekdays and from 8:00 a.m. to 5:00 p.m. on Saturdays. All such work is prohibited on Sundays and legal holidays.

G. Vegetation within a required buffer area shall consist of permanent landscaping and may not be offered for sale, and nursery stock and container plants shall not be placed in a buffer area for either short-term or long-term storage.

H. The Planning Board may require that security fencing be located around areas or structures to address safety concerns.

I. Space provided for trucks in vehicle storage structures shall not be counted toward the requirement for loading spaces.

J. Attached or detached employee quarters accessory to uses are permitted subject to the following conditions:

(1) No more than one employee dwelling unit per 10 acres of lot area shall be permitted. The maximum floor area of any one employee quarters shall not exceed 500 square feet unless, in the opinion of the Planning Board, a greater or lesser amount of floor area is warranted by specific circumstances.

(2) Two off-street parking spaces shall be provided for each employee dwelling unit.

(3) Employee quarters shall be located in existing structures wherever feasible.

K. Pervious materials and surfaces shall be used to the maximum extent practicable for access, parking and loading areas.

L. Adequate provisions shall be implemented and an adequate supply of water shall be provided to prevent adverse impacts to neighboring properties.

M. In addition to the prohibited uses set forth in § 250-13 of this chapter, the following uses are also prohibited:

(1) The milling and sale of lumber products; and

(2) The storage, processing or handling on site of contaminated materials; waste materials as defined in 6 NYCRR Part 360; or hazardous materials as defined in 6 NYCRR Part 371.

N. In addition to the maximum permitted development coverage for Use Group 't' uses, a building contractor's business may be permitted up to 20% of additional development coverage, consisting of natural materials such as sand, gravel, topsoil, clay, rock, stone and other natural materials, for outside storage, processing and sale. Total development coverage for a building contractor's business, including the natural materials listed herein, shall not exceed a total of 35% of the area of the lot.

O. No building used in connection with a building contractor's and storage yard may exceed a building footprint of 15,000 square feet.

P. Notwithstanding § 250-13G; the use of a screening plant for natural materials used for building construction and site development purposes and the storage of screened natural materials shall be permitted.

Q. The use of any scale shall be limited to the weighing of materials used, sold or stored in connection with any principal or accessory use.

§ 250-77.7 Accessory seasonal outdoor restaurant seating.

[Added 11-9-2010 by L.L. No. 2-2010]

A. Applicability. This section shall apply to any principal or accessory restaurant use, located in any zoning district, notwithstanding any inconsistent provisions of Article XIV of this chapter.

B. Site development plan. In addition to the special permit required, an application for site development plan approval as set forth in Article X of this chapter shall be required for all proposals for, or amendments and alterations to, an accessory seasonal outdoor restaurant seating facility of more than 25 seats or which results in an increase in the number of seats from that currently permitted.

C. Purpose and intent. The purpose and intent of this section is to permit and regulate limited, seasonal outdoor restaurant seating facilities, as an accessory use, in conjunction with an authorized principal or accessory restaurant use, provided that such accessory use and all related improvements thereto are designed, utilized and maintained in a manner which protects and enhances the neighborhood and rural character of the community.

D. Ownership and operation.

(1) A seasonal outdoor restaurant seating facility shall be owned and operated as an accessory use by a related authorized principal or accessory restaurant use.

(2) A seasonal outdoor restaurant seating facility shall be utilized solely for the consumption of food and beverages prepared, served and/or sold on the premises of and by the related principal or accessory restaurant.

(3) A seasonal outdoor restaurant seating facility shall be adequately screened and buffered to protect adjacent properties from visual, lighting, noise, odor and other environmental impacts.

E. Permitted location. Seasonal outdoor restaurant seating facilities shall be permitted only in conjunction with a principal building containing an authorized restaurant of the same ownership and operation, as follows:

(1) Areas devoted to seasonal outdoor restaurant seating shall be located directly adjacent to and common with the related principal or accessory restaurant on a stable base, such as a constructed deck, porch, terrace or patio area.

(2) All features and elements of a seasonal outdoor restaurant seating area shall be in compliance with the lot and bulk standards applicable to the respective district and related principal or accessory restaurant use.

(3) A seasonal outdoor restaurant seating area shall be in accordance with the Americans with Disabilities Act (ADA)[1] and shall provide direct pedestrian access to and from the related principal or accessory restaurant.

[1] Editor's Note: See 42 U.S.C. § 12101 et seq.

(4) The design and any architectural or structural elements or improvements of a seasonal outdoor restaurant seating area shall be integrated with that of the related surrounding community.

F. Prohibited locations. All seasonal outdoor restaurant seating facilities shall be prohibited in the following site areas:

(1) Parking areas.

(2) Designated walkways. (For the purpose of this section, designated walkways shall include those areas of walkways and/or sidewalks which serve as the pedestrian access to buildings and structures or other site uses, such as parking areas and adjacent streets; clear ADA walkway access must be provided and maintained.)

(3) Minimum yard setback areas, pursuant to the requirements of the underlying zoning district and that applicable to the related principal or accessory restaurant, whichever is more restrictive.

(4) Required landscaping areas, areas devoted to septic disposal or water supply, or as otherwise determined inappropriate by the approving agency.

G. Maximum area. The gross floor area of a seasonal outdoor restaurant seating facility shall be limited to a maximum outdoor floor area equal to or less than 50% of the total gross floor area of the related principal or accessory restaurant indoor seating area.

H. Sufficient water and sewer capacity. Seasonal outdoor restaurant seating facilities shall be permitted only where evidence of sufficient water supply and sewage disposal capacity for all indoor and outside seating at full occupancy can be provided.

I. Screening and buffering. All seasonal outdoor restaurant seating facilities shall be adequately screened from adjacent properties and streets, utilizing decorative fencing, stone walls, a variety of native evergreen and deciduous landscaping, building and structural features (trellises, awnings), or a combination thereof. The use of portable umbrellas, heating units and other similar elements for the purpose of weather protection may be permitted but shall be properly maintained in a neat and good working condition and compliant with all applicable building, fire and health code standards and laws.

J. Off-street parking. Off-street parking spaces shall be provided proportionally to the gross floor area and maximum permitted outdoor seating capacity as set forth in Article IV of this chapter.

K. Lighting. All lights relating to the seasonal outdoor restaurant seating facility shall be minimized and designed to match the design and scale of existing facilities and the surrounding neighborhood character. Lighting shall be directed downward and inward to the site and outdoor seating area so that the light source is not visible from any adjacent property or land use. Shields and timing devices shall be utilized on light fixtures to control and direct the illumination pattern of said light fixtures and to prevent spillage of light emissions horizontally and/or across property lines.

L. Sound systems. The daily use of sound amplification and public address systems and equipment shall be prohibited, including live performances and/or recorded audio transmissions, except for certain occasions such as a wedding or similar planned event subject to the following limitations and standards in consideration of adjacent and surrounding compatible land uses:

(1) Permissible months of use shall be set by the Board and shall be no more than May through October.

(2) Permissible hours of use shall be set by the Board and shall be no longer than between 10:00 a.m. and 11:00 p.m.

(3) Permissible number of uses shall be set by the Board and shall be no more than twice in one week and no more than once per weekend. The Board may also set the maximum number of uses per year.

(4) Any permitted use shall comply with the performance standards as set forth in § 250-58 of this chapter.

M. Permissible hours of operation. Permissible hours of operation and use of permitted accessory seasonal outdoor restaurant seating facilities shall be between 6:30 a.m. and 11:00 p.m. daily.

[Amended 6-23-2015 by L.L. No. 2-2015]

N. Five-year renewal and annual inspection. The approval for any accessory seasonal outdoor restaurant seating facility shall have a term of five years, which shall be inspected at minimum annually by the Building Inspector. An application for renewal shall be submitted a minimum of 60 days prior to the date of expiration. Renewal applications submitted later than as required may be assessed a renewal application late fee of $100.

[Amended 9-23-2014 by L.L. No. 5-2014]

O. Expiration. Such permit shall expire and lapse automatically upon change of ownership and/or the use of the related authorized principal or accessory restaurant use.

§ 250-77.8 Adult day-care center.

[Added 9-23-2014 by L.L. No. 5-2014[1]]

An adult day-care center, whether a principal or an accessory use, shall meet the following supplemental standards:

A. An adult day-care center is a nonresidential facility in which daytime care, supervision, monitoring, personal care, nutrition and socialization programs are provided for functionally impaired adults aged 18 or older for a period of less than 24 hours per day.

B. An adult day-care center must comply with the standards and applicable regulations of the New York State Office for the Aging or its successor, and shall be operated in full compliance with all requirements of the State of New York and Town of North Salem.

C. All interior and exterior facilities shall be accessible to the physically challenged.

D. Adequate sewage disposal and water service shall be provided.

E. Buffering and screening. Where an adult day-care facility is within or abuts any residential use or residential zoned property, a buffer equal to the minimum required yard along the shared boundary of the two uses shall be provided. The buffer shall include screening consisting of existing or proposed vegetation, fencing, walls or a combination thereof.

F. Lighting and landscaping. Lighting and landscaping shall be provided in compliance with the standards set forth in § 250-54 of this chapter.

G. When an adult day-care facility is an accessory use within a structure containing another principal use, each use shall be calculated separately for determining the total off-street parking spaces required.

H. A waiver to reduce the amount of off-street parking required for an adult day-care facility may be permitted where it is demonstrated that such use and demand will be less than that required and/or where the facility provides pickup and delivery service. In such cases, however, the Planning Board retains the right to require the waived parking be constructed should demand warrant and/or there be a reduction in pickup and delivery service provided. A demonstration that suitable area exists for any such waived off-street parking shall be made and shown on the site plans as reserved parking.

I. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings and sites on the same street or within view of the adult day-care facility property.

J. The Planning Board may attach other conditions and safeguards as may be considered necessary to protect the health and safety of the staff and occupants of the adult day-care center, to ensure compatibility with contiguous and adjacent uses and adjacent properties and which protect and enhance the existing character of the surrounding area.

[1] Editor's Note: This local law also repealed former § 250-77.8, Business directional signs, added 11-8-2011 by L.L. No. 5-2011.

§ 250-77.9 Child day-care center.

[Added 9-23-2014 by L.L. No. 5-2014]

A. The Town of North Salem recognizes the importance of, and need for, child day-care centers within the Town. However, the need for child day care shall not supersede the requirements to provide such care in a manner that adequately protects the health, safety and welfare of the children to be serviced, the parents of those children and the residents of the area and that ensures compatibility with the neighborhood character in which such child day-care center will operate.

B. The conditional use permit application shall include a narrative description of the proposed operation, including:

(1) Opening and closing times.

(2) Total enrollment and staff and maximum number of children on site at any one time.

(3) Discussion of special events, such as large group meetings, parent meetings or open-house days. Estimated dates and time schedules shall be included.

(4) Staff arrival and departure times.

(5) Student arrival and departure times.

C. The maximum number of children enrolled on a regular basis shall be 45. In a residential district, access for a center with more than 15 children shall be from a state or county highway.

D. If a new structure or alteration of an existing structure is proposed, same shall be compatible with the character of the neighborhood with regard to scale, design, architectural details, materials and setback. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings and sites on the same street or within view of the adult day-care facility property.

E. As an accessory use.

(1) When a child day-care center is permitted as accessory use, the net gross floor area of the child day-care center in proportion to the principal use shall not be greater than 20% of the principal use and shall be located therein, excluding exterior play areas.

(2) The Planning Board may modify the requirements of this section for uses within the properties of churches or other places of worship or schools where such modification will not have the effect of nullifying the intent and purpose of these regulations.

F. Interior floor plan required.

(1) Child day-care centers shall only be established in fire-resistive buildings which conform to all provisions of the New York State Uniform Fire Prevention and Building Code.

(2) An interior floor plan, drawn to scale, shall be provided showing planned occupancy and use of all interior areas to be utilized by the child day-care center, including emergency evacuation routes, and fire and safety features, such as but not limited to sprinklers, fire/smoke detectors, audio and visual alarm systems, exits, windows, doors, stairwells and interior and exterior safe-haven areas.

(3) Interior floor areas for child day-care centers shall only be located within a ground floor with exterior at-grade access and shall not be located in basements or upper floors lacking at-grade access.

(4) The interior floor plan shall show and identify all access locations with respect to required dropoff/pickup areas and outdoor play areas for the child day-care center.

(5) All noxious, toxic and/or otherwise harmful equipment and/or chemicals shall be kept in a separate, locked storage area, an adequate and safe distance from the usable areas inside and outside the facility.

(6) Child day-care centers located in a building with other uses shall also show the interior floor plans for the floor on which the day-care center is proposed to be located, indicating all other uses in the entire building and protective separation therefrom.

G. Exterior grounds and site features. The grounds, outdoor play areas, parking areas, dropoff/pickup areas, related site improvements and the exterior of all buildings and structures shall be kept and maintained in conformity with the approved conditional permit and related site plan. Lighting and landscaping shall be provided in compliance with the standards set forth in § 250-54 of this chapter.

H. Outdoor play areas.

(1) A designated outdoor play area adequate for active play shall be provided, the gross area of which shall be a minimum of 125 square feet per child for children up to six years of age and 250 square feet per child for children older than six years of age.

(2) The location of the outdoor play area shall be separated from adjacent streets, driveways, off-street parking and loading areas and required dropoff/pickup areas to ensure the safety of the children and staff, as follows:

(a) The outdoor play area shall not be located in the front yard and shall be subject to required side and rear yards equal to those for the building.

(b) If the outdoor play area is located in an area which is not directly adjacent to the access of the indoor portion of the center, a designated crosswalk or access path shall be provided between the two areas. Fencing along such path or crosswalk shall be required to provide additional security protection, landscaping may also be required to ensure an integrated landscape treatment with the surrounding site area.

(c) The outdoor play area shall be enclosed by a landscape buffer and fencing on all sides which are not adjacent to a building play area to restrict non-authorized external access and to improve compatibility with adjacent uses and properties. Such landscape buffer may be located within required yard areas.

(d) Fencing shall have a minimum height of four feet and gates designed with child-protective locks shall be installed within the fencing to ensure safety for the staff and children using the area.

(3) The outdoor play area shall be free from any condition which is hazardous and/or dangerous to the health and safety of the staff and children using the area.

(4) The surface material and construction components of fencing and play apparatus shall be of a suitable type for recreational purposes and which ensure the safety of the staff and children of the child day-care center.

(5) The ground surface of the outdoor play area shall be covered by cellulose mulch or other suitable material type for recreational purposes.

I. Dropoff/pickup area. Each child day-care center shall contain a designated dropoff/pickup area as follows:

(1) Direct access shall be provided to and from the building to the designated dropoff/pickup area for the loading and unloading of children from vehicles. The area shall be located so that children do not have to walk across the parking area or traffic areas to reach a vehicle or the related facilities of the center.

(2) The dropoff/pickup area shall provide one-way traffic flow with a separate standing area consisting of a minimum of one dropoff/pickup space for each 15 children of the center's licensed capacity. A "dropoff/pickup space," for the purposes of this subsection, shall mean a temporary vehicle standing area, measuring 20 feet long by 12 feet wide for perpendicular parking or 22 feet long by 12 feet wide for parallel parking, which is not within any traffic aisle; such spaces shall not be counted as required off-street parking or loading spaces.

(3) The dropoff/pickup area and vehicle standing area shall be clearly identified by pavement markings and/or appropriate signage.

J. State regulatory compliance. Prior to operation of a permitted child day-care center, the center's operator shall provide evidence with all applicable required agency/department approvals, including but not limited to licensing and/or registration as required by the New York State Department of Social Services. Full compliance with the requirements thereunder shall be maintained in good standing.

K. The Planning Board may attach other conditions and safeguards as may be considered necessary to protect the health and safety of the staff and children of the child day-care center, to ensure compatibility with contiguous and adjacent uses and adjacent properties and which protect and enhance the existing character of the surrounding area.

§ 250-77.10 Indoor light industry.

[Added 9-23-2014 by L.L. No. 5-2014]

A. Buildings shall be used, and a building or group of buildings, or part thereof may be erected, constructed, enlarged, altered, arranged or designed to be used for one or more of the following planned light industry uses:

(1) Food and beverage production, bakery and off-site catering.

(2) Woodworking, artisans and crafters boutiques involving the creation, processing and assembling of their products.

(3) Limited assembling of finished parts or products for wholesale and distribution, including the processing and packaging incidental to such use.

(4) Service business and wholesale supply facilities serving other businesses, such as small machine (printers, computers and similar) repairs, wholesale restaurant supplies, party supplies and rental services.

(5) Intellectual research and development offices, excluding any form of animal experimentation or laboratory testing.

(6) Apparel and other textile products.

(7) Printing and publishing.

(8) Electrical and electronic machinery and equipment.

(9) Metal fabrication and machine shops.

B. Indoor light industry shall not include any prohibited use as listed in § 250-13 of this chapter or any of the following, subject to the qualifications set forth in § 250-9D:

(1) Any use not specifically listed above.

(2) Concrete or asphalt batch plants.

(3) Manufacture of products and merchandise involving the use of chemicals, processes or materials that might constitute a potential explosive or environmental hazard.

(4) Slaughter plants, packinghouses, animal by-products rendering, or other such animal processing activities.

(5) Processing or production of oil, natural gas, geothermal resources or other hydrocarbons.

(6) Metal foundries.

(7) Automobile and truck salvage and reclamation yards and facilities.

(8) Automobile, truck, boat, trailer and other motorized vehicle repair or maintenance services.

(9) Moving and storage offices and facilities.

(10) Self-storage facilities.

(11) Warehousing, processing and/or distribution centers.

(12) Vehicle terminals.

C. The nature of a permitted use shall be such that normally:

(1) It will not be in contravention of the performance standards set forth in § 250-58 of this chapter.

(2) It will not cause or result in:

(a) Dissemination of dust, smoke, gas or fumes, odor, noise, vibration or excessive light beyond the boundaries of the lot on which the use is conducted.

(b) Harmful discharge of waste materials into the ground, water or atmosphere or which constitutes a menace to persons, surrounding properties or plant growth by reason of fire, explosion or other physical hazard.

(c) Unusual traffic hazards or congestion due to the type or amount of vehicles required.

(3) It will not be dangerous to the comfort, peace, enjoyment, health or safety of the community or abutting areas or tend to its disturbance or annoyance.

(4) It will be in harmony with the general purposes of this chapter and in harmony with the appropriate and orderly development of the district in which it is situated and adjacent districts.

D. Access and service driveways shall be laid out in such a manner that connections with abutting streets on which the lot has frontage are located and designed so as to avoid unsafe conditions. Abutting streets shall be of adequate capacity to handle safely and without undue congestion the traffic associated with the use to which access is given.

E. Use and storage of chemicals.

(1) Full disclosure and a complete listing of all chemicals used or stored on the premises and any hazards associated with their exposure to heat, fire or water shall be provided with the initial application for conditional use approval.

(2) A copy of the chemical and hazards disclosure list shall be required to be kept on file in the office of the Planning Board and Fire Inspector, and a copy shall be supplied to the local Fire Department and Ambulance Corps.

(3) Changes or additions to the chemicals used or the potential hazards such chemicals may pose shall be provided to the Planning Board and Fire Inspector a minimum of 60 days prior to their use or storage on the premises, to provide the Planning Board adequate time to review the compatibility of same with the standing conditional use permit approval. At minimum, the disclosure listing shall be required to be confirmed or updated annually.

(4) The means and design of associated storage of all chemicals shall be detailed as part of the required conditional use site plan, including all related safety measures and precautions to be utilized.

F. All buildings shall be of masonry and/or wood-frame construction. Architectural elevations and floor plans shall be included in all applications for conditional use approval.

G. The Planning Board may require appropriate landscape buffers between any component of the proposed use and adjoining properties, given the proposed use, the use of adjoining parcels, and the natural topography and vegetative cover.

H. Lighting and landscaping shall be provided in compliance with the standards set forth in § 250-54 of this chapter.

I. An operations and maintenance plan shall be provided, which plan shall cover all aspects of the interior and exterior site use, operations, safety measures, handling, storage and disposal of chemicals, as well as ongoing site maintenance controls. Said plan shall include a maintenance schedule, including a reporting component as deemed acceptable by the Planning Board.

J. Delivery hours may be regulated by the Planning Board and where so regulated shall be noted on the conditional use approval site plan.

K. Accessory uses. Any such permitted use may include accessory uses, provided that the same are customarily incident to such permitted use, and provided that such accessory use conforms to the standards for the permitted principal use, and as follows:

(1) Accessory on-site retail sales shall not exceed an interior floor area of 1,500 square feet or 10% of the total gross floor area of the principal building, whichever is the smallest. No outdoor display or sales shall be permitted.

(2) Accessory interior storage and warehousing shall not exceed 50% of the total gross floor of the principal building.

(3) Accessory outdoor storage.

(a) All accessory materials and equipment to be stored outdoors must be directly related to the specific principal use on the site.

(b) An accessory outdoor storage area may be located no closer than 50 feet to all nonresidential property lines and 100 feet to any residential property line or an abutting property containing an existing residential use. Outside storage shall not exceed a height of eight feet.

(c) The total area devoted to accessory outdoor storage may not exceed 25% of the ground footprint of the principal building.

(d) Accessory outdoor storage shall not interfere with site access driveways, parking or other on-site circulation of vehicles and pedestrians.

(e) All accessory outdoor storage areas shall be fully contained and screened with a combination of landscaping and fencing from all abutting properties and land uses.

(f) All accessory outdoor storage areas and the storage therein shall be operated and maintained in a safe and orderly fashion, and shall be properly secured.

(g) No vehicle, trailer, pod or other similar box container used for storage shall be permitted.

[Amended 6-23-2015 by L.L. No. 2-2015]

§ 250-77.11 Indoor recreation.

[Added 9-23-2014 by L.L. No. 5-2014]

A. Permitted uses. Buildings shall be used, and a building or group of buildings, or part thereof may be erected, constructed, enlarged, altered, arranged or designed to be used for one or more planned indoor recreation uses, including but not limited to:

(1) Gymnasium and indoor field sports.

(2) Swimming pools.

(3) Tennis, racquetball, handball or other similar court sports.

(4) Riding or ice skating rings.

(5) Sports training and instruction.

(6) Health and physical fitness or spas.

B. Prohibited uses:

(1) Membership clubs, golf and country clubs, or golf driving ranges.

(2) Motorsports, race tracks (except model gauge tracks), and go-cart tracks.

(3) Firearms, paintball, and archery ranges.

(4) Billiard parlors and bowling alleys.

(5) Amusement parks and water sports parks.

(6) Sports arenas, auditoriums and exhibition halls.

(7) Similar facilities, whether full-size or miniature.

C. Buildings and structures.

(1) No single building shall exceed a ground gross floor area of 20,000 square feet.

(2) All buildings shall be of masonry and/or wood-frame construction. Architectural elevations and floor plans shall be included in all applications for conditional use approval.

(3) The use of exterior inflatable or seasonal structures, domes, air structures or arenas, hoop buildings or similar structures are prohibited.

D. Electronic video machines and game tables such as pool and air hockey shall not occupy more than 500 square feet or 5% of the total gross floor area of the principal building, whichever is smaller.

E. Food services. Permitted accessory food service shall be permitted within the interior of the principal building only and shall be limited to fruits, snacks, packaged foods and beverage items.

(1) All applicable state and county Health Department requirements, standards and licensing as required for an accessory food services use shall be obtained and maintained in good standing.

§ 250-77.12 Recreation grounds and facilities, not-for-profit.

[Added 9-23-2014 by L.L. No. 5-2014]

A. Intent. Recreation grounds and facilities is intended to provide for retention of land in an unaltered, natural vegetative state, the use of which shall be limited to conservation and passive recreation land uses, such as activities oriented to ecological and environmental education and stewardship. The quality of the environment and the naturalness of an area is the focus of the passive recreation experience. Site use, grounds and facilities involve minimal change and impact to natural, cultural or scientific values and functions, and require only minimal constructed visitor facilities and services, mainly directly related to site access and safety.

B. Permitted uses and activities. The following recreation grounds and facilities shall be permitted, provided the proposed use and any amendment thereto is determined to be of such location, size and character in harmony with the appropriate and orderly development of the underlying zoning district in which it is proposed to be situated, and is determined not to be detrimental to or incompatible with the conditions of the site or uses and development pattern of adjacent properties:

(1) Passive recreation of a nonconsumptive nature, such as walking and hiking trails, equestrian trails, cross-country skiing, snowshoeing, fishing, self-propelled nonmotorized boating such as rowboats, small sailboats, canoes and kayaks.

(2) Conservation education, ecological study, wildlife observation, bird-watching.

(3) Low-impact and minimally intensive outdoor activities compatible with preserving natural resource functions and wildlife habitat, including an appreciation and understanding of open space and its purpose.

C. Prohibited uses and activities. To protect natural resource values of the site and ensure a quiet enjoyment and coexistence with neighboring properties, the following activities shall be prohibited (The following list shall not be deemed to be an exhaustive list but has been included for the purposes of clarity and emphasis.):

(1) Grounds and facilities providing indoor or outdoor active recreation or organized sports activities, including playgrounds, sports and multipurpose fields, swimming pools, racquet sports, health and physical fitness facilities.

(2) Overnight lodging, indoor dining halls and similar facilities.

(3) Overnight camping.

(4) Hunting and trapping.

(5) Motor sports, motorized recreational vehicles, go-carts, dirt bikes and similar motorized vehicles.

(6) All-terrain vehicles (ATVs), except for periodic maintenance and access by emergency services.

(7) Membership clubs, golf and country clubs and golf driving ranges.

(8) Firearms, shooting ranges, archery and paintball.

(9) Amusement facilities, rides, parks and arcade type games.

(10) Use of exterior inflatable or seasonal domes, air structures or arenas, hoop buildings and similar structures.

(11) Restaurants, food service facilities, vending machines.

(12) Sale of alcoholic beverages on the premises.

D. Exemption.

(1) An application involving limited alteration of a site to provide new or to maintain existing passive recreation walking, hiking and/or equestrian trails may be eligible for exemption of the procedures and procurement of a conditional use permit and related site development plan approval from the Planning Board, provided the application complies with the following criteria:

(a) Said trails are the only physical alteration involved.

(b) Passive recreation walking, hiking and equestrian trail construction and maintenance shall be in accordance with the standards and requirements set forth in Subsection E, Passive recreation walking, hiking and equestrian trails.

(c) No structures or facilities requiring a building permit are involved.

(d) Signage is in accordance with the standards set forth in Article IX of this chapter and all related permits are obtained from the Building Inspector.

(2) To claim an exemption, an applicant shall apply to the Building Inspector, on a form as prescribed by the Building Department, detailing the proposed trail activities consistent with the exemption criteria as set forth above. The Building Inspector may request sufficient information and/or plan details to determine said consistency prior to granting an exemption. The Building Inspector may also consult with the Town Wetlands Inspector or other as deemed appropriate, and may refer any application for exemption to the Planning Board for determination or processing under the standards and procedures for a conditional use permit and/or site development plan approval.

E. Passive recreation walking, hiking and equestrian trails. Passive recreation walking, hiking and equestrian trail construction and maintenance shall be conducted in accordance with the following standards and requirements:

(1) Construction shall be by use of hand tools to the greatest extent possible.

(2) Tree and vegetation clearing shall be limited by avoidance and diverting around trees with a diameter at breast height (dbh) of 10 inches or more, with a maximum trail clearing width not to exceed six feet.

(3) Trail best management practices, as established by the Town of North Salem and amended from time to time, shall be implemented.

(4) Appropriate erosion and sedimentation controls shall be implemented to ensure stabilized site conditions during trail installation and use.

(5) Any trail signs shall be in accordance with the standards set forth in Article IX of this chapter, and all related permits for said signs shall be obtained from the Building Inspector.

F. Supplemental lot area and bulk requirements. The following supplemental lot area and bulk standards shall be required superseding those otherwise included in the Schedule of General Bulk Regulations:

(1) Minimum lot area. Lots with buildings and structures, and/or parking areas with more than of five spaces shall have a minimum lot area of 50 acres. The Planning Board may permit a lesser minimum lot area for such lots where a conservation easement or other similar development limitation (held by the Town or a bona fide Section 501(c)(3) of the Internal Revenue Code conservation-oriented organization) restricts the subject site to remain as passive protected open space in perpetuity. Lots with no buildings and structures, and/or parking with five or fewer spaces shall have a minimum lot area equal to that of the smallest permitted minimum lot area of the underlying zoning district.

(2) Permitted structures and facilities.

(a) Permitted structures and facilities may include permanent buildings and structures fully or partially open to the outdoors, such as gazebos, pavilions, pedestrian and equestrian bridges, site informational or trailhead kiosks, wildlife-viewing platforms, docks and other similar small scale buildings and structures.

(b) Bathroom facilities which are fully enclosed may be permitted. Alternative sustainable facilities are encouraged over conventional systems.

(c) All permitted structures shall be of a scale, design and character accessory to the passive recreation uses permitted.

(d) Structure size, height, distance from other permitted structures, maximum gross floor area.

[1] No new individual structure shall exceed 600 square feet in gross floor area.

[2] No new individual structure shall exceed a height of 12 feet.

[3] The distance between individual structures shall be no less than 50 feet.

[4] The maximum cumulative gross floor area of all permitted structures shall not exceed 5,000 square feet.

(e) The design of permitted structures shall utilize materials adapted to seasonal use and a woodland setting, incorporating architectural styles typical of rural farm buildings found within North Salem. Natural materials and earth-tone coloring shall be used to blend structures with the area's surrounding environmental landscape character.

(f) A carry-in, carry-out refuse policy shall be adopted and maintained to eliminate the need for on-site refuse containers for storage prior to disposal.

(g) Signs shall be in accordance with Article IX of this chapter.

(h) All service utilities shall be installed and maintained underground.

(i) Passive recreation walking, hiking and equestrian trail construction and maintenance shall be completed in accordance with the standards and requirements as set forth Subsection E, Passive recreation walking, hiking and equestrian trails.

(3) Prohibited structures and facilities.

(a) Fully enclosed buildings and structures, except necessary bathroom facilities as may be approved.

(b) Hoop and other similar structures.

(c) Public address systems.

(d) Fire pits and open fires.

(4) Setbacks.

(a) All structures, off-street parking and constructed site facilities shall be maintained no less than 275 feet from all street and property lines, except access driveways may cross through the setback area.

(b) Passive recreation walking, hiking and equestrian trails shall be maintained no less than 100 feet from an abutting residential parcel, nor no less than 275 feet from an existing residence dwelling, except where site trails are open and accessible to the general public.

(c) Accessory signage as otherwise permitted may be located within the front yard setback area.

(5) Development coverage. Maximum development coverage shall not exceed 3% of the gross lot area.

G. Site landscape and landscaping. Site landscaping shall be in accordance with § 250-54 of this chapter, and the following:

(1) Existing trees and vegetation shall be preserved to the greatest extent practicable.

(2) Proposed site development, permitted accessory structures and facilities shall be sited and designed to be integrated to the natural terrain and environmental setting of the site, minimizing clearing of woodlands, altering of natural landforms, and the need for extensive regrading, while maximizing the avoidance of wetlands, watercourses and associated one-hundred-foot buffers, steep slopes 15% and greater, erodible soils, ledgerock and rock outcroppings, hilltops and ridgelines.

(3) Permitted accessory structures, facilities and access driveways shall be designed and landscaped to minimize their ground footprint and visual presence.

(4) Existing trees and vegetation shall be supplemented as necessary to ensure a visual separation and screen of any constructed facilities from an abutting property.

(5) New landscaping proposed shall be of type, quantity, size and design to blend into the existing environmental setting, primarily utilizing native species.

H. Lighting. Lights shall be limited to the minimum necessary to ensure safety and security at permitted buildings, roofed structures and parking areas. No lighting shall be permitted in areas outside the permitted clearing for such constructed facilities, along trails or in other outdoor areas of the property. Permitted lighting shall be in accordance with § 250-54 of this chapter, and the following:

(1) Lighting shall be kept to minimal necessary and shall be designed to match the style and scale of site accessory structures and facilities.

(2) Fixed full cutoff shielded lights with timing devices shall be utilized and maintained to control and direct illumination patterns of light fixtures and to prevent spillage of light emissions horizontally.

(3) Lighting, where permitted, shall be directed downward and inward to the site so that light sources are not visible from an adjacent property.

(4) Light emissions within the required perimeter landscape buffer area shall be no more than 0.5 footcandle, except as may be approved by the Planning Board at site entrance driveways for purposes of ensuring traffic safety.

I. Site driveway access, internal circulation and off-street parking.

(1) All site driveways shall be privately owned and maintained, and shall be appropriately gated as approved by the Planning Board to control unauthorized access and use.

(2) Lots with frontage on a state or county highway shall provide site access from said frontage, except where the Planning Board determines that a suitable alternative is preferred and of a lesser environmental impact (i.e., avoids or minimizes impacts to wetlands and watercourses, rock outcrops, steep slopes of 15% and greater, significant or specimen trees, or other similar features or site conditions).

(3) Site driveways shall have a safe alignment and maintained sight line distances. All vehicular traffic into or out of the site shall be through approved entrances and exits only.

(4) All internal driveways and parking areas shall be laid out in such manner as to provide safe and adequate access by emergency vehicles.

(5) Driveway entrances, exits and parking areas shall be designed for safe and convenient movement of traffic internally, into and out of the site, and to minimize friction with movement of traffic on adjacent streets. No site entrance or exit shall require a turn at an acute angle for vehicles moving in the direction intended. Radii of curbs and pavements at intersections shall be such as to facilitate easy turning movements.

(6) All driveways and parking areas shall be constructed with a stabilized surface as approved by the Planning Board.

(7) Driveway design standards. The Planning Board shall determine the appropriate standard to be permitted based on the specific site conditions of a property and the surrounding area, which standard may be less but shall not exceed the following maximums:

(a) Maximum length of any dead-end site driveway: 1,000 feet.

(b) Maximum width of driveway: 18 feet. NOTE: Appropriately located and designed pull-offs may be required.

(c) Maximum shoulder width: two feet.

(d) Maximum grade of driveway (no parking): 10%.

(e) Maximum grade of driveway (with parking): 3%.

(f) Maximum grade within 50 feet of street intersection: 2%.

(8) Off-street parking.

(a) The quantity of and visual impact of all off-street parking facilities shall be minimized to the greatest extent, and to blend into the natural land conditions of the site and surrounding environment.

(b) Off-street parking areas shall be designed to minimize tree clearing and alteration of site topographic conditions. Need for retaining walls or other engineering measures resulting in distinct visual changes in the existing site appearance and elevations of land shall be avoided. Alternative designs that minimize such land impacts shall be required.

(c) No site driveway, off-street parking area or parking space shall require the backing out of a vehicle into an adjoining public street.

(d) No off-street parking area or maneuvering incidental to said parking area shall impede or impair traffic flow of an adjoining public street or any on-site travel lane outside of dedicated parking areas.

(e) All off-street parking spaces shall have adequate area off the street to accommodate the safe approach, turning and exiting of vehicles utilizing such parking spaces.

(f) Off-street parking areas shall be landscaped and suitably drained, graded, surfaced and maintained to ensure a safe and attractive parking facility as determined appropriate by the Planning Board.

(g) Off-street parking areas shall be located no less than 50 feet from the front property line, and shall not be permitted within any required side or rear yard setback area.

(h) Off-street parking areas shall be sited in nodes not exceeding 20 spaces each, separated by natural visual buffers with a separation distance of no less than 15 feet.

(i) A development plan and details showing the location, configuration, landscaping and construction of any off-street parking area shall be provided to the satisfaction of the Planning Board.

J. Sanitary waste disposal and water supply.

(1) Plans for any sewage disposal and potable water supply shall be designed in accordance with all applicable New York State, Westchester County Health Department and New York City Department of Environmental Protection standards and requirements.

(2) Any accessory structure providing bathroom facilities shall be handicap accessible.

(3) Alternative bathroom facilities of a sustainable design are encouraged over traditional facilities dependent on discharge and treatment into the ground.

K. Permit term and renewal. The Planning Board shall specify an initial two-year term and five-year terms thereafter, as deemed necessary, to provide an opportunity for periodic review. The periodic review shall address any changes in the design or circumstances of use which differ from that as originally approved or that of an amendment approval thereto. Any changes in use, operations or physical site modifications shall be subject to an amendment application pursuant to the same requirements and procedures as an original application.

L. The Planning Board may attach other conditions and safeguards as may be considered necessary to protect the health and safety of the staff and occupants of the recreation grounds and facilities, to ensure compatibility with contiguous and adjacent uses and adjacent properties and which protect and enhance the existing character of the surrounding area.

§ 250-77.13 Tradesman offices.

[Added 9-23-2014 by L.L. No. 5-2014]

A. The primary purpose of a tradesman office use is to provide for the managerial and administrative business office of local tradesmen, including the orderly on-site parking of company fleet vehicles during nonbusiness hours (i.e., where tradesmen utilize company vehicles during the conduct of off-site services, leaving their personal vehicles at the tradesman office premises until returning at the end of business), as well as the related contained storage of directly associated materials, equipment and supplies as set forth herein.

B. No on-site processing, construction or fabrication shall be permitted, nor shall there be any outdoor display or sale of products or services.

C. All tradesman office uses shall be operated and maintained in a neat and orderly manner, free of debris and litter.

D. No tradesman office use shall be operated or maintained in a manner in contravention of the performance standards set forth in § 250-58 of this chapter, nor shall such use cause harmful discharge of waste materials into the ground, water or atmosphere or which constitute a menace to persons, surrounding properties or plant growth by reason of fire, explosion or other physical hazard.

E. An application for conditional use approval shall be accompanied by the full disclosure and complete listing of all chemicals used or stored on the premises and any hazards associated with their exposure to heat, fire or water, which disclosure listing shall also be kept on file in the office of the Fire Inspector, and updated annually.

F. Site access.

(1) Abutting streets shall be of adequate capacity to handle safely and without undue congestion the traffic associated with the use to which access is given.

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

(3) No tradesman office shall be permitted or altered resulting in unusual traffic hazards or congestion due to the type or amount of vehicles required.

G. Buildings and structures. All buildings and structures shall be consistent and compatible with the architectural style, design and scale of buildings and structures found prevalent in the Town of North Salem.

H. Lighting and landscaping. Lighting and landscaping shall be provided in compliance with the standards set forth in § 250-54 of this chapter.

I. Accessory storage.

[Added 6-23-2015 by L.L. No. 2-2015]

(1) Accessory storage of materials, equipment (including accessory equipment to facility vehicles), products and supplies shall be directly related to the specific tradesman business.

(2) Accessory outdoor storage may be located no closer than 50 feet to all nonresidential property lines and 100 feet to any residential property line or an abutting property containing an existing residential use. Outside storage shall not exceed a height of eight feet.

(3) The total area devoted to accessory outdoor storage may not exceed 25% of the ground footprint of the principal building.

(4) Accessory outdoor storage shall not interfere with site access driveways, parking or other onsite circulation of vehicles and pedestrians.

(5) All accessory outdoor storage areas shall be fully contained and screened with a combination of landscaping and fencing from all abutting properties and land uses.

(6) All accessory outdoor storage areas and the storage therein shall be operated and maintained in a safe and orderly fashion, and shall be properly secured.

(7) No vehicle, trailer, pod or other similar box container used for storage shall be permitted.

J. Facility vehicles.

[Added 6-23-2015 by L.L. No. 2-2015]

(1) Facility vehicles (including commercial, fleet and construction vehicles) parked or stored on the premises shall only be those relating to the permitted principal use.

(2) Facility vehicles shall not include any vehicle exceeding a gross vehicle weight rating of 26,000 pounds, nor any sized vehicle which is used to transport material determined to be hazardous in a quantity that requires such vehicle to be placarded. All vehicles with a U.S. classification of Class 7 or 8 shall be prohibited.

(3) All designated parking or storage areas for facility vehicles shall be approved by the Planning Board in regard to location, design and means of screening and buffering from adjacent streets and properties. All such designated areas shall be separate from otherwise required off-street parking areas, which shall be adequate for all uses of the premises, except the Planning Board may permit shared parking based on details of scheduling and use of the authorized facility vehicles.

(4) All facility vehicles with a U.S. classification of Class 5 or 6 shall be fully screened from off-site view. The parking or storage of truck-tractors, commercial semi-trailers and/or commercial trailers with a U.S. classification of Class 6 or higher shall be prohibited unless stored in fully enclosed buildings or as otherwise approved by the Planning Board.

§ 250-77.14 Private schools.

[Added 9-23-2014 by L.L. No. 5-2014]

Private schools shall be permitted, subject to the following standards:

A. Private school curriculum.

(1) Private educational facilities serving students of pre-k through high school shall furnish a comprehensive curriculum of academic instruction in accordance with the compulsory education requirements of the Education Law of the State of New York, and may include the provision of after-school programs.

(2) Private colleges and universities shall be chartered by the New York State Board of Regents or the State Legislature, with all curriculum degree programs registered with the New York State Education Department, and shall furnish a comprehensive curriculum of academic instruction by an educational-degree qualified teaching staff.

B. State Education Department licensing.

(1) All private schools shall comply with all registration, certification, site area and dimensional requirements established for such schools by the New York State Education Department, the New York State Board of Regents and/or the New York State Department of State, but compliance thereof shall be no less than the minimum standards or more than the maximum standards required by this chapter.

(2) Any approval issued pursuant to this section shall not be deemed effective until the applicant submits proof that it has received approval for the facility from the New York State Education Department.

(3) A copy of an approved registration and/or the formal application made to the New York State Education Department shall be provided. Provision of a copy of an approved registration consistent with the application shall be required at minimum as a condition of endorsement of approved final plans and prior to issuance of building permit.

(4) The approving agency may require conformance to any standards that may be established for public schools by the New York State Commissioner of Education. Conformance to all local health and safety codes shall be required.

(5) Any nonbuilding use, building or structure to be erected, constructed, enlarged, altered, or used in connection with an private school shall be subject to the building permit requirements of § 250-85 of this chapter, as well as the certificate of occupancy and/or use requirements of §§ 250-90 and 91.

C. Facility and operations description. An application for a new, amended or expanded private school shall include a full description of the proposed new, amended or expanded facility and operations, including the following:

(1) Project narrative describing the mission of the private school, the facilities and programs to be provided, and the principal and accessory uses, buildings and structures to be constructed and utilized.

(2) Proposed total enrollment and staff and maximum number of children on site at any one time.

(3) Inclusion of any nursery school facilities or a pre-K program, which may be permitted as an accessory use to a private school.

(4) Proposed daily transportation schedule, including the following:

(a) Opening and closing times.

(b) Staff arrival and departure times.

(c) Student arrival and departure times.

(d) Whether students arrive by car or other vehicles.

(e) Indication of the size and capacity of other vehicles.

(f) Reception and dismissal procedures for students.

(g) After-school activities (i.e., clubs, sports teams, transport of teams).

(5) Proposed interior floor space and exterior play areas (playgrounds, playfields and other recreation areas) per student, including a proposed interior floor plan showing the proposed use of all interior areas, with dimensions, entrances and exits, toilets, stairwells, fire and smoke detectors, etc. Areas not designated for student use shall be so indicated.

(6) Schedule of use of outdoor play areas (playgrounds, playfields and other recreation areas), indicating the number of children at any given time.

(7) Discussion of special events, such as large group meetings, parent meetings, open-house days, and recreational, social or other student activities. Estimated dates and time schedules shall be included.

(8) Description of any shared services or use by the public or other private school occurring on a regular or short term basis.

(9) Analysis of anticipated traffic generation and potential traffic impacts on the road network including local roads, such as difficult turning movements, stacking or queuing issues, sight line limitations, etc.

D. Site location. A private school shall be situated on and have direct access solely to a state or county highway. No secondary driveways or accessways shall be off any local or connecting roads except for emergency purposes as may be approved by the approving agency.

E. Supplemental bulk standards.

(1) Minimum lot area and public street frontage.

School Type	Minimum Lot Area*	Minimum Public Street Frontage** (feet)
Pre-k/kindergarten, elementary schools	10 acres, plus 1 acre for each 10 students or portion thereof in excess of 75 students	400
Junior high schools, high schools	15 acres, plus 2 acres for each 10 students or major portion thereof in excess of 100 students	675
Colleges, universities	25 acres, plus 2 acres for each 10 students or major portion thereof in excess of 100 students	1,000

*	Additional minimum lot area is required for private schools including housing and/or dormitories.
**	Compliant frontage shall be on a suitably improved public street.

(2) No single building or structure shall exceed a building footprint floor area of 10,000 square feet, except a single gymnasium building which may have up to a maximum building footprint floor area of 15,000 square feet.

(3) Maximum building coverage shall not exceed 10% of the lot area.

(4) Maximum development coverage shall not exceed 25% of the lot area.

(5) Building and accessory facilities setbacks.

(a) All principal and accessory buildings, parking and active outdoor recreation and organized activity areas shall be no closer than 100 feet to street lines, no closer than 300 feet to all other property lines, and no closer than 35 feet to an internal site driveway (measured at the curb or edge of travel surface).

(b) Grandstands, stadiums, gymnasiums, central heating plants and similar buildings and structures shall be no closer than 500 feet to all property lines.

(c) The minimum distance between buildings shall be 50 feet or at least twice the height of the taller building, whichever is greater.

(d) Buildings, parking and outdoor activity areas shall be screened from public view with stone walls, fencing and/or buffer landscaping.

F. Site design character and maintenance.

(1) Site development shall be configured to promote superior land planning, design efficiencies and convenience in the arrangement of site uses, facilities and their supporting infrastructure, avoidance of wetlands and steep slopes, preservation of open space, protection of floodplains and other natural features, and otherwise to encourage the most appropriate use of land.

(2) The site design shall promote a development pattern in harmony with the objectives of the Town's Comprehensive Plan.

(3) An adequately configured and designed internal circulation system shall be provided, including a surface treatment deemed acceptable by the approving agency. Pervious surface material shall be used to the maximum extent practicable. Appropriate stormwater management controls (addressing quantity, flow rate and quality) shall be required.

(4) Adequate provisions for emergency vehicular access, separate from the primary access, shall be provided and maintained to ensure safe and timely access by police, fire and other emergency services.

(5) The proposed use shall not adversely affect the character or architectural integrity of the neighborhood in which it is located.

(6) Buildings shall be of a scale, mass and architectural style compatible with the farm and residential buildings within the Town, and which promote consistency with the Town's community character image and appearance, particularly as detailed in the Town's Comprehensive Plan.

(7) The grounds and the exterior of buildings and accessory uses and structures shall be kept and maintained in conformity with the standards set forth in these supplemental standards.

G. Conservation design/open space, site landscaping and facilities maintenance.

(1) To the maximum extent practicable, consideration shall be given to the preservation of open space.

(2) At least one area of distinctive design to create a visual focal point or area of interest for use by the students and faculty of the private school shall be provided.

(3) Existing trees and vegetation shall be preserved to the greatest extent practicable.

(4) All portions of a private school not used for impervious surfaces shall be attractively landscaped or left in a natural condition.

(5) Proposed site development shall be sited and designed to be integrated to the natural terrain and environmental setting of the property, minimizing clearing of woodlands, habitat fragmentation, altering of natural landforms, and the need for extensive regrading, while maximizing the avoidance of wetlands, watercourses and associated one-hundred-foot buffers, steep slopes 15% and greater, erodible soils, ledgerock and rock outcroppings, hilltops and ridgelines.

(6) Landscaping shall be provided in compliance with the standards set forth in § 250-54 of this chapter.

(7) Existing trees and vegetation shall be supplemented as necessary to ensure a visual separation and buffer (visually, and from lighting and noise) of any constructed facilities from an abutting property.

(8) New landscaping shall be of a type, quantity, size and design to blend into the existing environmental setting, primarily utilizing native species.

H. Housing, non-dormitory. One single-family dwelling may be permitted, provided that the minimum lot area shall be increased by at least the minimum lot area of the underlying zoning district for single-family residences. The use of said dwelling shall be limited exclusively for the immediate family of the school caretaker or headmaster. No other staff, teacher or student residences shall be permitted, except dormitories as permitted herein.

I. Dormitories.

(1) Student dormitories shall be permitted only as an accessory use to a private school.

(2) The maximum height of any dormitory shall not exceed two stories and 25 feet.

(3) No dormitory room or dwelling unit shall be permitted in any cellar, basement or attic space.

J. Site access, off-street parking and dropoff and pickup areas.

(1) Site access driveways shall have a safe alignment to support the anticipated traffic intensity and type of vehicles to serve the site.

(2) Adequate sight lines shall be demonstrated and maintained.

(3) Driveway entrances, exits and parking areas shall be designed for safe and convenient movement of traffic internally, into and out of the site, and to minimize friction with movement of traffic on adjacent streets. No site entrance or exit shall require a turn at an acute angle for vehicles moving in the direction intended. Radii of curbs and pavements at intersections shall be such as to facilitate easy turning movements.

(4) All parking, dropoff and pickup areas, including any facilities for buses or other large vehicles, shall be on site and suitably improved to the satisfaction of the approving agency.

(5) Such areas shall be located and designed to avoid protected natural resources, minimize tree clearing and substantial topographic alteration, and prevent establishment of expansive areas of pavement. Sufficiently sized landscape control islands shall be required to be utilized separating rows of parking spaces and adjacent parking spaces in the same row.

(6) Driveways, dropoff and pickup areas, and off-street parking areas shall be landscaped and suitably drained, graded, surfaced and maintained to ensure a safe and attractive facility.

(7) The location, access to and from, configuration and design of such areas shall be detailed and designed to ensure pedestrian safety.

(8) Dropoff and pickup areas shall safely and efficiently accommodate the vehicles utilized for such operations. A separate area shall be provided for personal vehicle dropoff and pickup.

(9) All dropoff and pickup areas shall provide direct access to the interior of the facility and shall provide separate standing and queuing areas to accommodate the traffic demands of the private school without impeding access to off-street parking areas or other dropoff and pickup areas.

(10) Driveway and parking area grade standards. The approving agency shall determine the appropriate standard to be permitted based on the specific site conditions of a property and the surrounding area, which standard may be less but shall not exceed the following maximums:

(a) Maximum grade of driveway (no parking): 8%.

(b) Maximum grade of driveway (with parking): 3%.

(c) Maximum grade within 50 feet of street intersection: 2%.

(d) Maximum grade within dropoff and pickup areas: 2%.

(e) Maximum grade within parking areas: 3%.

(11) Minimum off-street parking.

Generator*	Minimum Off-Street Parking Spaces
Teachers and other staff	1 for each teacher and staff
Pre-k/kindergarten and elementary schools	1 for each 10 students
Junior high and high schools	1 for each 5 students
Colleges and universities	1 for each 5 students
Dormitories	1 for each 2 dormitory beds
Auditoriums, gymnasiums, grandstands and other gathering places**	1 for each 4 seats

*	The standards are cumulative. Provision of spaces in addition to these minimum standards shall require the approval of the approving agency based on an acceptable showing and parking needs demand analysis by the applicant.
**	These spaces shall be jointly counted with those required for teachers, staff and students except where their use is by other than said teachers, staff and students at the same times as when school classes are actively being conducted.

(12) The approving agency may require up to 1/3 of the parking requirement to be provided in overflow parking areas to be graded and seeded and conveniently situated so that they would be accessible if needed.

K. Playground and playfield areas.

(1) A school site shall include a diversity of outdoor playground and playfield areas of a size, design and location suitable for the specific use of the students attending the facility. Said facilities shall be suitably designed and improved, and be of a minimum cumulative size as follows:

School Type		Minimum Area (acres)
Pre-k/kindergarten, elementary schools
	30 students or less	0.5
	31 to 150 students	1.0
	151 to 300 students	3.0
	301 or more students	5.0(*)
Junior high schools, high schools
	50 or less students	2.0
	51 to 150 students	3.0
	151 to 300 students	4.0
	301 or more students	6.0(*)
Colleges, universities
	Up to 100 students	4.0
	101 to 300 students	6.0
	301 or more students	8.0(*)

*	The approving agency may require additional acreage for playgrounds and playfields based on the specific circumstances and private school population size as proposed. Playfields shall be sized according to acceptable industry standards to accommodate multiple sports.

(2) Suitable and adequate fencing, landscaping and screening shall be provided to prevent visual and noise impacts to surrounding properties.

(3) Outdoor playground and playfield areas shall be sufficiently separated and buffered from internal driveways, off-street parking areas, dropoff and pickup areas, and service areas and infrastructure.

(4) Outdoor playground and playfield areas shall be free from any condition which is hazardous and/or dangerous to the health and safety of the students using the area. The surface of such areas shall be a maintained grass lawn or some other suitable surface material as determined appropriate by the approving agency.

(5) Any proposed use of fertilizers, herbicides and/or pesticides shall be in accordance with the Town's turf management policy and shall be subject to review and approval of the approving agency.

L. Pedestrian walkway and bicycle network. A comprehensive integrated pedestrian walkway system, including provisions for bicycle paths and bicycle racks, shall be developed for each private school. Sidewalks and bicycle paths shall be designed to provide safe separation and controls to avoid conflicts between pedestrians, bicycle riders and motorists. Sidewalks shall be no less than five feet in width, and no less than six feet in width when constructed adjacent to parking areas. Sidewalks along interior driveways shall be separated by a landscape strip no less in width than four feet. Bicycle paths shall be no less than five feet in width. All sidewalks and bicycle paths shall be constructed and of a surface material acceptable to the approving agency. Other elements of the pedestrian walkway and bicycle network system shall be sized to accommodate anticipated pedestrian and bicycle rider demands. The approving agency may waive the need for sidewalks along minor service driveways.

M. Site utilities and infrastructure.

(1) Plans for sewage disposal and potable water supply shall be designed in accordance with all applicable New York State, Westchester County Health Department and New York City Department of Environmental Protection standards and requirements.

(2) All utilities shall be installed underground or within buildings.

(3) Adequacy for the installation of a subsurface septic disposal system or connection into an approved centralized wastewater treatment system shall be demonstrated, constructed, and maintained.

(4) Adequacy for the installation of a potable water delivery system capable of meeting both the domestic water and emergency firefighting needs of the facility shall be demonstrated, constructed and maintained.

(5) Fire protection shall include an appropriately supported sprinkler system throughout each building in the private school, regardless of whether such building(s) is an existing structure or new construction. Uninhabited minor accessory structures may be excluded as determined appropriate by the approving agency.

(6) Stormwater management and related mitigation measures shall be in accordance with Chapter 193 of the Code of the Town of North Salem, as may be amended from time to time.

N. Lighting.

(1) Lighting shall be provided in compliance with the standards set forth in § 250-54 of this chapter.

(2) Lighting shall be limited to that necessary for operational reasons and shall be designed to ensure compatibility with surrounding land uses.

(3) Lighting shall be directed downward and inward to the site so that light sources are not visible from adjoining streets and properties. The required lighting plan shall demonstrate that exterior lighting will not be directly visible beyond the boundaries of the property line.

(4) Specific hours of operation for such facilities shall be specified.

(5) Lighting shall be designed to match the style and scale of site buildings, consisting of fixed full cutoff shielded light fixtures with timing devices.

(6) Light emissions within the required minimum perimeter setback areas shall be no more than 0.5 footcandle, except as may be approved by the approving agency at site entrance driveways for purposes of ensuring traffic safety.

(7) Approval shall be preceded by a clear demonstration by the institution that outdoor lighting features are both essential and will create no adverse effect on neighboring properties.

O. Noise. Noise-producing equipment and/or uses shall be sited and/or insulated to prevent any detectable increase in noise above ambient levels as measured at the property line. Outdoor public address systems shall be prohibited.

P. For the purposes of promoting the public health, safety and general welfare, conditions to mitigate the effect of such use on neighboring properties may be required.

Q. Expansion of use. The term "expansion" as it relates to a private school, in addition to the use or construction of new buildings, structures or facilities, or alteration of land, shall include an increase in classroom space and/or student population beyond that permitted under a standing approval, subject to a separate or amended review and approval in accordance with the standards and procedures of this chapter for a private school.

§ 250-77.15 Nursery schools.

[Added 9-23-2014 by L.L. No. 5-2014]

A. In addition to the supplemental standards set forth below, nursery schools shall be subject to the supplemental standards applicable to a child day-care center as set forth in this chapter, unless associated with and located on the same lot as a private school, which shall be subject to the supplemental standards applicable to said private school as set forth in this chapter.

B. Additional supplemental standards for nursery schools.

(1) There shall be an enrollment of not less than six children in a group in any one session.

(2) There shall be more than one adult available to any child group at all times.

(3) The ratio of children to adults shall be no greater than 8:1 with a qualified teacher in attendance at all times. For a school in session for more than six hours a day, the rules and regulations of the Department of Social Services regarding ratio of children to child-care staff shall be followed.

(4) Nursery schools providing services for more than three hours per day, per child or child group, shall be licensed by the New York State Office of Children and Family Services.

C. For the purposes of promoting the public health, safety and general welfare, conditions to mitigate the effect of such use on neighboring properties may be required.

§ 250-77.16 Churches and other places of worship.

[Added 9-23-2014 by L.L. No. 5-2014]

A. Driveway entrances, exits and parking areas.

(1) In a residence district, churches and other places of worship which may be permitted shall have street frontage and provide sole direct access only on a state or county highway. No secondary driveways or accessways shall be off any local or connecting road in a residence district except for emergency purposes as may be approved by the approving agency.

(2) Site access driveways shall have a safe alignment to support the anticipated traffic intensity and type of vehicles to serve the site. Adequate sight lines shall be demonstrated and maintained.

(3) An adequately configured and designed internal circulation system shall be provided.

(4) Such areas shall be designed for safe and convenient movement of traffic internally, into and out of the site, and to minimize friction with movement of traffic on adjacent streets.

(5) No site entrance or exit shall require a turn at an acute angle for vehicles moving in the direction intended. Radii of curbs and pavements at intersections shall be such as to facilitate easy turning movements.

(6) A surface treatment deemed acceptable by the approving agency shall be provided. Pervious surface material shall be used to the maximum extent practicable.

(7) Appropriate stormwater management controls (addressing quantity, flow rate and quality) shall be required.

B. Supplemental bulk standards.

(1) No single building or structure shall exceed a building footprint floor area of 10,000 square feet.

(2) Minimum setbacks.

(a) Off-street parking areas shall not be permitted in any required yard area.

(b) Setback requirements may be modified by the approving agency in case of conversions of existing buildings.

C. Buffer area. A landscaped buffer area shall be required along all lot lines adjoining properties in residence districts. Suitable and adequate fencing, landscaping and screening shall be provided to prevent visual and noise impacts to surrounding properties.

D. Lighting.

(1) Lighting shall be provided in compliance with the standards set forth in § 250-54 of this chapter.

(2) Lighting shall be limited to that necessary for operational reasons and shall be designed to ensure compatibility with surrounding land uses.

(3) Lighting shall be directed downward and inward to the site so that light sources are not visible from adjacent streets and properties. The required lighting plan shall demonstrate that exterior lighting will not be directly visible beyond the boundaries of the property line.

(4) Lighting shall be designed to match the style and scale of site buildings, consisting of fixed full cutoff shielded light fixtures with timing devices.

E. Noise. Noise-producing equipment and/or uses shall be sited and/or insulated to prevent any detectable increase in noise above ambient levels as measured at the property line, excluding reasonable sounding of bells or chimes. Outdoor public address systems shall be prohibited.

F. For the purposes of promoting the public health, safety and general welfare, conditions to mitigate the effect of such use on neighboring properties may be required.

§ 250-77.17 Charitable, fraternal and social membership clubs.

A. Applicants shall be required to demonstrate their not-for-profit status as well as their community purpose. Such uses shall not be construed to be providing or offering goods and/or services to the general public.

B. No lodging or housing shall be permitted.

C. Traffic. The intensity of use shall be limited to the extent necessary to assure that the expected average traffic generation of such use will not exceed that of other permitted uses in the surrounding area.

D. Driveway entrances, exits and parking areas.

(1) Required minimum street frontage and site access shall be on a state or county highway.

(2) Site access driveways shall have a safe alignment to support the anticipated traffic intensity and type of vehicles to serve the site. Adequate sight lines shall be demonstrated and maintained.

(3) An adequately configured and designed internal circulation system shall be provided.

(4) Such areas shall be designed for safe and convenient movement of traffic internally, into and out of the site, and to minimize friction with movement of traffic on adjacent streets.

(5) No site entrance or exit shall require a turn at an acute angle for vehicles moving in the direction intended. Radii of curbs and pavements at intersections shall be such as to facilitate easy turning movements.

(6) A surface treatment deemed acceptable by the approving agency shall be provided. Pervious surface material shall be used to the maximum extent practicable.

(7) Appropriate stormwater management controls (addressing quantity, flow rate and quality) shall be required.

E. Supplemental bulk standards.

(1) No single building or structure shall exceed a building footprint floor area of 3,500 square feet.

(2) Minimum setbacks. Buildings shall be set back from adjacent residential district boundaries at least twice the minimum distance required for residential buildings in said district.

F. Buffer area. A landscaped buffer area not less than 30 feet shall be required measured from and along all property lot lines adjoining properties in a residence district. Suitable and adequate fencing, landscaping and screening shall be provided to prevent visual and noise impacts to surrounding properties.

G. For the purposes of promoting the public health, safety and general welfare, conditions to mitigate the effect of such use on neighboring properties may be required.

§ 250-77.18 Supplemental requirements for multifamily dwellings in R-1/4 and GB Districts.

[Added 6-23-2015 by L.L. No. 2-2015]

Multifamily dwellings in the R-1/4 and GB Districts, including multifamily dwellings containing all affordable housing dwelling units, are subject to the following supplementary requirements:

A. Net lot area shall be applied in the calculation of permitted maximum dwelling unit density in accordance with the standards set forth in § 250-16 of this chapter.

B. Any superintendent unit shall count as one of the maximum permitted dwelling units.

C. A minimum of 20% of the total permitted multifamily dwelling units shall be an affordable housing dwelling as defined in this chapter (fractions of 0.6 or greater shall result in the creation of an additional affordable housing dwelling). All said affordable dwelling units shall also be subject to the standards and requirements set forth in Article XXII, Moderate-Income Housing and Affordable Housing Regulations, of this chapter.

D. No more than 10% of the total permitted dwelling units shall contain three or more bedrooms.

E. Dwellings may consist of single detached dwelling units or buildings containing not less than two dwelling units, nor more than eight dwelling units. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings and sites on the same street or within view of the subject property.

F. The minimum distance between detached buildings shall be 1 1/2 times the height of the taller building.

G. Ancillary facilities shall be clearly subordinate to the residential character of the site and shall be screened and buffered by fencing, walls or landscaping, or a combination thereof.

H. Suitably equipped and adequately maintained recreation and open space shall be provided. Group sitting areas shall be well defined by walls, fences, hedges or other plantings designed to impart a sense of containment or security and to provide group privacy.

I. Adequate sewage disposal and water service shall be provided. Plans for any sewage disposal and potable water supply shall be designed in accordance with all applicable New York State, Westchester County Health Department and New York City Department of Environmental Protection standards and requirements.

J. Access and service driveways shall be laid out in such a manner that connections with abutting streets on which the lot has frontage are located and designed so as to avoid unsafe conditions.

K. An adequately configured and designed internal circulation system shall be provided, including a surface treatment deemed acceptable by the Planning Board. Pervious surface material shall be used to the maximum extent practicable. Stormwater management and related mitigation measures shall be in accordance with Chapter 193 of the Code of the Town of North Salem, as may be amended from time to time.

L. Sidewalks and trails shall be safe and conveniently connected to site buildings, and shall be designed and developed with due consideration to the needs of physically handicapped and aged individuals, and to minimize impacts on neighboring lands uses and properties.

M. All such facilities shall be adequately lighted, and said lighting shall not be directed on adjacent streets or properties.

N. Facilities for refuse disposal shall be provided for all dwelling units. Central collection areas shall be maintained and conveniently located for all groups of units. The collection areas shall be properly screened and supplied with all covered receptacles.

O. All parking areas, loading and service areas, edges of internal site driveways (not including those portions directly serving individual dwelling units), outdoor recreation facilities and refuse collection areas shall be no closer than 25 feet in a R-1/4 District and the distance of the smallest minimum required yard area in a GB District to any building or lot line. Such areas between said facilities and lot lines shall be landscaped with suitable screening and buffering.

P. All parking areas, loading and services areas and internal site driveways shall be designed and developed in accordance with Article VIII of this chapter, except the setback may be as set forth above.

Q. All land and facilities held in common ownership shall be governed by an approved homeowners' association or other acceptable form of organization, such as a condominium, cooperative or maintenance agreement acceptable to the Town Attorney.

R. Any sign shall be in conformance with Article IX of this chapter.

S. Development shall conform to the landscaping, lighting, environmental requirements and performance standards in Article XI of this chapter. Lighting and landscaping shall be provided in compliance with the standards set forth in § 250-54 of this chapter.

T. All utilities, including electric, telephone, and cable services, shall be placed underground.

U. Proper access for firefighting equipment and personnel and shall be provided, including facilities and water supply for firefighting purposes as may be determined adequate and approved by the Planning Board, based upon the recommendation of the Town's Consulting Engineer and the Fire Department having jurisdiction.